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Can You Get Felony Charges Reduced to a Misdemeanor?

 Posted on January 14,2024 in Criminal Law

IL defense lawyerIn criminal cases, a prosecutor and defense attorney may negotiate a plea bargain. This allows the defendant’s charges to be reduced, possibly dropping charges and affording the offender a more lenient sentence. 

In many cases, it is possible to have a felony offense reduced to a misdemeanor. Our Arlington Heights, IL, felony defense attorney would like to discuss what felony offenses are eligible and what is involved in getting your sentence reduced.

Wobbler Crimes

Not all felony charges are eligible to be reduced to a misdemeanor charge. Only those felonies that are “wobbler” offenses have the potential for charges to be reduced to a misdemeanor. 

A “wobbler” offense is a crime that can be tried as a felony or misdemeanor, depending on the circumstances. Examples include:

Possible Consequences of Domestic Violence in Illinois

 Posted on January 07,2024 in Domestic Violence & Orders of Protection

IL defense lawyerBeing charged with domestic violence can be an overwhelming and distressing experience. In the state of Illinois, domestic violence is taken very seriously, and the consequences can be severe. It is crucial to understand the potential ramifications of a domestic violence charge and the importance of seeking legal guidance. 

If you are facing domestic violence charges, contact an Arlington Heights criminal defense lawyer from Scott F. Anderson, Attorney at Law for a free consultation.

What is Domestic Violence in Illinois?

In Illinois, domestic violence refers to a pattern of abusive behavior, whether physical, emotional, or financial, committed by a family or household member against another family or household member. The law defines family or household members as spouses, former spouses, parents, children, stepchildren, and individuals who currently or previously have lived together.

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Sex Offender Registration in Illinois

 Posted on December 27,2023 in Sex Crimes

Blog ImageIf you have been convicted of a sex crime, you will likely be required to register as a sex offender. Depending on your offense, you may be listed on the sex offender registry for ten years or for life

There are a number of crimes that require registration on the sex offender list. If you have been arrested for a sex crime, do not hesitate to contact an Arlington Heights sex crimes defense attorney as soon as possible.

What is the Sex Offender Registry?

The sex offender registry is a system for monitoring offenders who have been released from jail. The registry is designed to keep community members safe by informing them of who is living in their community.

A sex offender registry lists the full name, current address, physical appearance, and a comprehensive list of their criminal history. You can find a list of sex offenders on the National Sex Offender Public Website (NSOPW)

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DUI Charges for Commercial Drivers

 Posted on December 16,2023 in DUI

IL defense lawyerAcross the United States, drivers with standard driving licenses must maintain a blood alcohol content (BAC) below 0.08 percent. The standard is higher for commercial drivers, who, along with having to pass rigorous testing to get a commercial driver’s license (CDL), are also legally required to have a BAC below 0.04 percent.

If you have been charged with a DUI, you will want to do everything in your power to avoid a conviction. That begins with reaching out to an experienced Arlington Heights DUI defense lawyer to defend you.

Legal BAC for a Commercial Driver

The Federal Motor Carrier Safety Administration and Illinois law state that a commercial driver has committed a violation if the individual has a BAC of 0.04 percent or higher while operating a commercial motor vehicle.  

Testing may be performed by taking a blood, urine, or breath sample. Be aware that, under the law, driving under the influence does not just include alcohol. You can be charged for driving under the influence if you have smoked marijuana, methamphetamine, or other illicit drugs. Any of these substances have the potential to impair your driving.

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Can You Drive to Work After a DUI?

 Posted on December 08,2023 in DUI

IL defense lawyerIn Illinois, you will be convicted for driving under the influence (DUI) if your blood alcohol content (BAC) is 0.08g/dL or higher through chemical testing or if you refuse testing. You can be convicted for a DUI if your BAC is between 0.05 g/dL and 0.08 g/dL if you are showing signs of impairment. The revocation of your driving privileges will happen through the Secretary of State, in what is known as statutory summary suspension.

If you are convicted of a DUI, you will have your license revoked for one year. However, you may qualify to get a Restricted Driving Permit if you meet certain criteria. An RDP will allow you to still drive to work following your DUI.

If you have been arrested or charged with a DUI, you need the assistance of an Arlington Heights DUI defense lawyer to represent your interests in court. 

What is a Restricted Driving Permit?

A restricted driving permit, or RDP, allows a person to drive on a limited basis following a license suspension. The individual will be given a permit, which will specify under what parameters he or she can drive.

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Aggravating Factors in Illinois DUI Cases

 Posted on November 30,2023 in DUI

Il defense lawyerDriving under the influence is a serious matter in Illinois. With the average cost of a DUI conviction in Illinois costing over $18,000, an offender may have to pay a steep fine and face losing certain civil rights.

Penalties for a DUI can vary based on whether the driver was transporting children, if the driver had any prior offenses if your blood alcohol content is excessively elevated, and if anybody was injured.

Aggravating factors can result in your DUI being charged as a felony, also increasing jail time and potential fines. If you are facing aggravated DUI charges, you need to speak with an Arlington Heights DUI defense lawyer as soon as possible.

What is an Aggravated DUI?

An aggravated DUI is a DUI charge with the presence of aggravating factors. Aggravating factors in a DUI may include, but are not restricted to:

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Claiming Self-Defense Against Assault Charges

 Posted on November 22,2023 in Criminal Law

Arlington Heights Criminal Defense Lawyer

Protecting ourselves is a basic human instinct. Without this innate trait, the human race would have become extinct thousands of years ago.

In Illinois, a person commits assault if the individual physically threatens another. If you are facing assault charges, you may be able to negate criminal liability by proving that you acted in self-defense. 

If you believe your use of force was necessary, an Arlington Heights criminal defense lawyer will know what steps need to be taken to create the strongest defense.

What Qualifies as Self-Defense in Illinois?

According to Illinois law, “a person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.” 

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How Do Prosecutors Prove DUI Charges?

 Posted on November 21,2023 in DUI

Arlington Heights DUI Defense Lawyer

Impaired driving remains a major concern in Illinois, and arrests happen daily. While the police only need to have probable cause to arrest you for a DUI, a prosecutor must have sufficient evidence to convict you.

If you have been charged with a DUI, you need the experience that can only be found in an Arlington Heights DUI defense lawyer.

Standard of Proof

Law enforcement must have probable cause to arrest you for driving under the influence (DUI). Probable cause means that the police have reasonably trustworthy information regarding a situation. That information is enough to convince a reasonable person that a crime has been committed.

However, to convict you for a DUI, the government must prove their case beyond a reasonable doubt at trial. Reasonable doubt means that the evidence presented creates such a high level of certainty that no reasonable person could have any doubts regarding the defendant’s culpability.

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Possible Penalties for Misdemeanor Convictions in Illinois

 Posted on November 11,2023 in Criminal Law

Arlington Heights Criminal Defense LawyerAlthough a misdemeanor is punished less harshly than a felony, you could still face serious penalties. If you are charged with a misdemeanor in Illinois, there is a chance that you could spend up to one year in jail.

If you have been convicted of a misdemeanor, reach out to an Arlington Heights criminal defense lawyer today. 

What is a Misdemeanor?

Crimes are categorized as either misdemeanors or felonies. A misdemeanor is a less serious crime that usually penalizes the wrongdoer with fines, community service, probation, and at most one year in prison.

In Illinois, the following crimes are classified as misdemeanors:

  • Assault and battery
  • Retail theft (under $300)
  • Possession of marijuana (between 2.5 to 10 grams)
  • Driving under the influence (DUI)
  • Disorderly conduct
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Do You Need a Lawyer for a Misdemeanor Charge?

 Posted on October 31,2023 in Criminal Law

Il defense lawyerCriminal offenses are categorized as either felonies or misdemeanors. Although a misdemeanor carries less severe penalties than a felony, you should still hire an attorney to represent your interests.

If you have been charged with a misdemeanor in Illinois, keep reading to learn about the possible penalties you may be facing and the reasons you should hire an Arlington Heights criminal defense lawyer.

What are Considered Misdemeanor Crimes in Illinois?

According to Illinois law, misdemeanors are classified as either Class A, Class B, or Class C. A Class A misdemeanor is the most serious type of misdemeanor, with a Class C being the least serious. 

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