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Potential Defenses to Illinois Drug Charges

 Posted on September 09, 2023 in Drug Crimes

IL defense lawyerDrug charges are some of the most severe charges someone in Illinois can face. While many different defenses exist, using a defense that works well for your specific case is imperative. To find the best defense for your case, you will want to talk to an experienced Rolling Meadows, IL drug crimes attorney who is well-versed in state drug laws and your local court system. The most common defenses to Illinois drug charges include the following.

Unintentional Possession

To be convicted of possessing a controlled substance, you must knowingly have the substance in your possession. In some cases, there is the potential that someone was not aware that they had drugs in their possession. For example, maybe they were given a package or envelope without knowledge of its contents. Tell your attorney if this happened in your case. They can determine if this should become a part of your defense.

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What You Need to Know About Attorney-Client Privilege in Criminal Law

 Posted on August 26, 2023 in Criminal Law

IL defense lawyerAttorney-client privilege is a fundamental legal concept crucial in protecting the privacy and confidentiality of communications between clients and their attorneys. Particularly in criminal law, understanding the scope, exceptions, and limitations of attorney-client privilege is essential for preserving a client’s rights and facilitating an effective defense. If you are facing criminal charges, it is important to understand the concept of attorney-client privilege and how it may be a factor in your case as you work with your lawyer to fight the charges against you. 

Defining Attorney-Client Privilege

Essentially, attorney-client privilege is a legal principle that guarantees the confidentiality of communication between attorneys and their clients. It allows clients to freely disclose information to their attorneys, secure in the knowledge that such communications will remain confidential. This privilege is vital as it encourages clients to be truthful and transparent with their attorneys, facilitating effective legal counsel and advocacy. 

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Legal Consequences for Shoplifting

 Posted on August 18, 2023 in Criminal Law

IL defense lawyerBeing arrested for shoplifting merchandise can be an alarming and stressful experience, particularly if it is your first run-in with the law. In Illinois, theft is taken seriously, and the severity of the legal consequences largely depends on various factors surrounding the incident. Today, we will provide a legal overview of the potential outcomes in such a case. If you are facing shoplifting charges, contact an experienced criminal defense lawyer to assist you in fighting the charges of which you have been charged. 

Understanding the Offense 

In Illinois, theft is considered a criminal offense involving unauthorized taking or controlling another person’s property. The value of the stolen merchandise plays a crucial role in determining the changes and potential penalties. 

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What is the Crime of Embezzlement in Illinois?

 Posted on August 16, 2023 in Criminal Law

Il defense lawyerIn the realm of white-collar crimes, typically non-violent offenses that are financially motivated, embezzlement is a serious offense that can have far-reaching consequences for individuals and organizations. Today, we will examine the legal complexities surrounding embezzlement in the state of Illinois, unpacking the reasons why it is considered to be such a serious offense. If you have been charged with embezzlement, contact a criminal defense attorney with experience defending clients against white-collar crime charges. 

Understanding Embezzlement

Embezzlement is a specific form of theft where an individual entrusted with money or property, typically as an employee or fiduciary, a fiduciary being someone who is authorized to handle money or property to someone else, wrongfully takes or misappropriates those assets for personal gain. The critical element distinguishing embezzlement from other theft crimes is the violation of trust. 

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Understanding Aggravated Battery in Illinois: Exploring Key Aspects

 Posted on August 07, 2023 in Criminal Law

IL defense lawyerAggravated battery is a violent crime that encompasses various violent acts committed in Illinois. Today, we will look at the definition, elements, and potential penalties surrounding the offense of aggravated battery. Understanding these crucial aspects can help individuals navigate the legal system more effectively. If you have been charged with a violent crime, contact a criminal defense lawyer at once, as failing to do so will likely result in negative consequences, both legally and personally. 

Definition and Elements of Aggravated Battery in Illinois

Aggravated battery is a criminal offense involving intentionally causing bodily harm, permanent disability, or disfigurement to another person. It refers to a battery with specific aggravating factors that escalate its severity. These factors may include the use of a dangerous weapon, strangulation, causing harm to specific vulnerable populations such as children, individuals over 60, or attacking someone who is visually impaired or otherwise disabled. The essence of aggravated battery lies in the intention to cause significant harm or escalate the harm further by specific actions or by whom the perpetrator targets. If the prosecution can prove beyond a reasonable doubt that the alleged crime included these various factors, that accused may be found guilty of aggravated battery.

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Driving While High on Marijuana vs. Driving Drunk

 Posted on August 01, 2023 in Criminal Law

b2ap3_thumbnail_drunk-driving-DUI-interstate.jpgWith the changing landscape of marijuana legislation nationwide, questions arise about its impact on traffic safety. In Illinois, where both recreational and medicinal use of marijuana is legal, it is important to understand the legal implications of driving under the influence. Today, we will examine whether driving while high on marijuana is the same offense as driving drunk in Illinois. If you are facing charges related to drunk or drugged driving, contact an experienced criminal defense attorney to get the legal assistance you need.

Legal Framework

In Illinois, driving under the influence (DUI) is a severe offense that encompasses both alcohol and drug impairment. However, the legal standards for marijuana DUI differ from those for alcohol-related DUI. The primary distinction lies in the testing methods and threshold levels for impairment.

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What Constitutes a Home Invasion in Illinois?

 Posted on July 21, 2023 in Criminal Law

IL defense alwyerFrom a criminal defense standpoint, understanding the intricacies of home invasion laws in Illinois is instrumental in defending individuals accused of this very serious offense. Home invasion charges can have severe consequences, making it crucial for defense attorneys to navigate the legal terrain and present a robust case on behalf of their clients. Today, we will examine what constitutes a home invasion in Illinois, highlighting essential elements and defense strategies to consider.

Contesting Certain Elements of Home Invasion Charges

Illinois law requires that the prosecution prove specific elements beyond a reasonable doubt to establish a home invasion charge. These elements typically include:

  • Entry without authorization – The defense may challenge the prosecution’s claim that the entry was unauthorized. This could involve highlighting possible consent from the homeowner or individuals with authority over the dwelling. Demonstrating that the accused reasonably believed they had lawful authority to enter may be a viable defense strategy.

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Does Domestic Violence Always Include Physical Violence?

 Posted on July 14, 2023 in Criminal Law

IL defense lawyerDomestic violence remains a significant concern in society, and it is commonly associated with physical harm. However, it is important to remember that domestic violence does not always include physical violence. Today, we will explore the legal aspects surrounding domestic violence cases and shed light on instances where physical violence is not the sole determinant of domestic violence. If you have been charged with any form of domestic violence, contact a criminal defense right away, as your freedom may be in serious jeopardy.

Exploring Non-Physical Forms of Domestic Violence

While physical violence is often the most visible aspect of domestic abuse, it is crucial to recognize that it can extend far beyond physical harm. It is important to consider these non-physical forms, as they may be present in certain domestic violence cases, including:

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Examples of Property Crimes in Illinois: A Brief Overview

 Posted on July 08, 2023 in Criminal Law

IL defense lawyerProperty crimes in Illinois encompass a broad range of illegal activities committed against personal or real property. These criminal offenses include theft, burglary, arson, vandalism, and trespassing, among others. Understanding the different examples of property crimes in Illinois is essential for the public and people who have been charged with such crimes and are thus involved in a criminal law proceeding. If you live in Illinois and have been charged with a property crime, contact a criminal defense attorney to fight the charges and to pursue a satisfactory case result.

Prevalent Property Crimes in Illinois

Here is a brief overview of common property crimes, including:

  • Theft – This occurs when someone intentionally takes another person’s property without their consent and intends to deprive them of it permanently. Examples include stealing a person’s car, shoplifting from a store, or embezzling funds from an employer. Theft crimes in Illinois are often classified based on the value of the stolen property, with penalties ranging from misdemeanors to felonies.

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Should I Talk to Friends and Family About My Criminal Case?

 Posted on June 27, 2023 in Criminal Law

IL defense lawyerMany people may feel inclined to reach out to their friends and family members for support and guidance when confronted with a criminal case. While it is not illegal to talk about your case with loved ones, it is important to exercise caution when doing so. If you are facing criminal charges, contacting a defense attorney is the wisest thing you can do, as they will provide you with the legal guidance you need to pursue a positive case outcome.

What to Keep in Mind During This Time

Here are some factors to consider before discussing your criminal case with friends or family:

  • Privileged communications – The privilege of keeping communications confidential or secret applies in different circumstances, such as with your attorney, spouse, and legally recognized healthcare professionals. Communications with friends and family members typically do not offer the same level of protection. Friends and family are not automatically protected under the privileges recognized by the courts. Therefore, if they are asked under oath to give evidence about communications they have received from you, they may be required to disclose what you told them. If the communications between you and your family or friends are disclosed as evidence, it could potentially harm your case.

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