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Recent Blog Posts
Drug Sharing and Distribution Charges
You were spending time with a few friends and contributed drugs to the gathering. Maybe you and your friends wanted to try psychedelic mushrooms together, and you were the one who happened to know a dealer who could sell you some. Or perhaps you had the opportunity to pick up some MDMA for the first time since college and wanted to share. Something went wrong that night, and you got arrested. You appear in court the next morning, expecting to be charged with simple possession or maybe some form of public intoxication, depending on what happened. You are shocked when the judge tells you that you have been charged with felony delivery of a controlled substance. The first thing you should do is contact a Cook County, IL drug crimes attorney.
What Delivery of a Controlled Substance Means
This felony offense is extremely literal. Although most people would think that those charged with drug distribution are drug dealers - people who habitually sell illicit substances to others for profit - the legal definition is not so limited. In Illinois, you can be charged with delivery of a controlled substance for providing any controlled substance to another person, whether or not money is exchanged. That means even giving a friend a single dose of an illicit or controlled substance can get you charged with distribution.
What Is Felony Murder?
The simplest explanation of Illinois’s felony murder law is that anyone who was involved in committing a felony that led to a death can be charged with murder, even if they had nothing to do with the killing. Simply having been a part of a "forcible" felony in any way is enough to get you convicted of felony murder if someone dies as a result of the crime. This law can be problematic, as it allows people who never intended to hurt anyone to go to prison for murder. If you have been charged with murder in connection with a forcible felony, you need an experienced Cook County, IL violent crimes attorney to defend you.
A Recent Example of How You Can Be Convicted of a Murder You Did Not Commit
In one recent case, a woman was not even there when her co-defendants fatally stabbed a man during a home invasion. Yet, she was just convicted of his murder based on the fact that she helped the person who stabbed the victim plan the burglary. She happened to know that the man killed had an illegal amount of marijuana and a lot of cash in his house and suggested him as a target to her co-conspirators.
Traffic Cameras Lead to More Arrests
What do traffic cameras have to do with gun crime? According to advocates for license plate recognition technology, quite a lot. Shootings along Illinois expressways have decreased by roughly a third since the state started using this technology. These cameras also make it easier for police to track down stolen vehicles and recover guns used in crimes that offenders have discarded along highways. However, the ACLU and other civil rights organizations have opposed the use of traffic cameras to collect detailed information, including plate numbers and vehicle descriptions, citing privacy concerns. If you were recently arrested after being spotted by one of these high-tech cameras, you need a knowledgeable Cook County, IL criminal defense attorney to defend you.
What Data Do Traffic Cameras Collect?
Traffic cameras can do much more than mail you a ticket for stopping just past the white line at a red light. These cameras now collect a wealth of information about any vehicles that happen to drive past them - even if there is no reason to suspect that the driver is breaking any laws. Traffic cameras can now collect your license plate number, the make, model, and color of your vehicle, and timestamped GPS coordinates. The cameras can also capture images and video.
Positive Newborn Drug Tests No Longer Sent to Police
A new bill removing the requirement that positive newborn drug screenings be reported to law enforcement has just been approved by the Illinois legislature. Governor Pritzker is expected to sign the bill into law this week. This new law will come as a relief for women who have experienced addiction during their pregnancies and according to proponents, will encourage these expectant mothers to come forward and seek treatment without fear of arrest. As of now, until this law goes into effect, the Department of Children and Family Services (DCFS) is required to report the matter to law enforcement when a newborn baby fails a toxicology screen. If you are charged with a crime because law enforcement became involved after your child had a positive drug test at birth, an Arlington Heights, IL criminal defense lawyer can help you.
Do I Qualify for a Hardship License?
One of the most inconvenient parts of getting charged with or convicted of a DUI is having your driver’s license suspended. Although the city of Chicago has a rather robust public transportation system, the suburbs can be much harder to get around without driving. Some tasks, like bringing home a week’s worth of groceries, are not easily done via public transportation. Additionally, many people do not feel safe taking a bus or a train, especially after dark. If your license has been suspended for DUI, you may qualify for a restricted driving permit that allows you limited driving privileges. A knowledgeable Arlington Heights, IL license reinstatement lawyer can help you work towards regaining the ability to drive for certain essential reasons.
What Do I Have to Prove to Get a Restricted Driving Permit?
To qualify for an RDP, you must show that you or your family would suffer undue hardship if you could not drive at all and that you have car insurance. You will need to submit documentation showing the type of undue hardship you or your family would experience due to your loss of license. Examples of undue hardship may include:
Will I Go to Jail for a First DUI?
If you were recently arrested for a DUI, your biggest concern might be whether you will be sent to jail. Your sentence could include some jail time if you are convicted. You may have already spent a night or even a weekend in jail after your arrest while waiting to appear in front of a judge or for someone to come bail you out. Most people who have spent even a few hours in jail are not eager to repeat the experience. If this is your third or subsequent DUI, or if there were aggravating factors, you might be worried about going to prison, where people serve sentences lasting longer than one year. The best thing you can do to protect yourself right now is to find an experienced Arlington Heights, IL DUI attorney.
Do People Get Jail Time for a First DUI?
A first DUI is punishable by up to a full year in jail, even when it is charged as a misdemeanor. However, it is quite rare for people who are represented by an attorney to be sentenced this harshly. If this is your first DUI offense, there were no aggravating circumstances, and you follow the advice of your attorney, you are unlikely to spend more than a few days in jail if you are given any jail time at all. More likely, you will be sentenced to community service and may be ordered to get treatment for a substance abuse problem.
Why Repeat DUIs Are More Serious
A first DUI can be serious depending on the circumstances, but repeat DUIs are even more of a problem. Your first DUI can be considered a one-time mistake, especially if it is your first offense ever. Courts often focus on putting first-time DUI offenders into treatment for an alcohol problem in the hopes that getting sober will prevent them from making the same mistake twice. However, those who get a second DUI are not given the same benefit of the doubt. Those who get a third DUI will be charged with a felony in Illinois. If you are re-arrested for a second, third, or subsequent DUI offense, you need a highly experienced Cook County, IL repeat DUI attorney to defend you in court.
Penalties for a Second DUI
Usually, a second DUI offense is a misdemeanor. However, your experience in the justice system is likely to feel different after your first DUI conviction. The first time, the judge may have treated you with compassion, understanding that you need treatment and this arrest may have served as a wake-up call. However, courts expect people to learn from their mistakes and do not look kindly upon those who commit the same offense twice.
What Restrictions Must Sex Offenders Live With?
Becoming a sex offender would have a major impact on your life. You would be subject to all sorts of restrictions and rules. You would be required to register as a sex offender and keep updating your registration periodically. The registry is public, so chances are many of the people around you would find out about your conviction. Child sex offenders are subjected to even more restrictions than those who offend against adults. If you have been accused of a sex crime in Illinois, you need an aggressive Rolling Meadows, IL criminal defense attorney to protect your rights.
Restrictions on Illinois Sex Offenders
The restrictions placed on sex offenders can impact every part of your life. Some of the rules Illinois sex offenders live with include:
- Housing restrictions for child sex offenders - Where you are allowed to live will be affected by certain restrictions. You cannot live near a school, a playground, a daycare center, or any other facility that is geared toward providing services to minors. As these locations are scattered throughout the community, this can make it extremely difficult to find a place where you can legally reside - and where the landlord will accept you.
Can I Be Charged With Murder if Drugs I Sold Killed Someone?
In Illinois, there is an offense called drug-induced homicide. Although this crime has more in common with the offense of involuntary manslaughter, which is charged when the defendant did not mean to kill anyone, it is considered a form of murder. Drug-induced homicide is more serious than involuntary manslaughter. This law was introduced to combat the growing number of overdose deaths, most of which are caused by opiates like heroin, fentanyl, and prescription pain medications. Drug dealers, and even people who simply share drugs with people they know without charging them, can now be held accountable if someone fatally overdoses on the drugs they provide. If you are facing drug-induced homicide charges in Illinois, you must be represented by an experienced Rolling Meadows homicide attorney.
Understanding Drug-Induced Homicide Charges in Illinois
There are a few things the prosecution must prove in order to show that you are guilty of drug-induced homicide. Some of these elements might be harder to prove than others. Drug-related deaths can be complicated, and there are usually multiple factors involved.
3 Ways to Defend a Drug Charge in Illinois
Drug possession charges carry a lot of stigma. People may assume that you are a drug addict and that all of the negative stereotypes about people with substance abuse problems apply to you. You may find that potential employers, landlords, and even friends or family members are hesitant to trust you. While you may have been made to feel like there is no way to fight back against your drug possession charges, you may have a legal defense available. People who did not intentionally choose to have illegal substances in their possession are sometimes charged with this crime erroneously. An Arlington Heights, IL drug possession lawyer can develop the best defense strategy possible in your case.
Defenses to Drug Possession Charges
Even if the police did find you with illegal drugs around, you may still have a defense depending on the circumstances. An attorney will need to analyze the facts of your case and speak to you about what led up to your arrest so he can formulate a defense strategy. A few defenses to drug possession include:
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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