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Recent Blog Posts
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:
How False Domestic Violence Arrests Happen
Not everyone who gets arrested on domestic violence charges is guilty. In fact, many are entirely innocent and have been falsely accused or were acting in self-defense. The problem with domestic violence cases is that the police are seldom there to witness the assault - and neither is anyone else. Most legitimate abusers do not assault their partners in public where others can see - they do it behind closed doors in their own homes. This means that police officers who respond to calls about domestic disputes essentially have to guess what probably happened and make an arrest based on that guess. If you have been falsely accused of domestic violence, you need a Cook County, IL criminal defense attorney immediately.
Why Innocent People Get Arrested for Domestic Violence
Domestic disputes - fights between romantic partners or people who live together - can be intense and chaotic. Police often arrive to find both parties extremely upset. They are then left to try to get both sides of the story and decide who - if anyone - to believe. Some factors that contribute to mistaken domestic violence arrests include:
DUI and Accidental Consumption
You are at a social gathering at a friend’s home when you start feeling unwell. You feel a little tired, a little dizzy, and “off” in a way you cannot quite describe. Wanting the comfort of your own bed, you decide to leave the party early and go home. On your way back, you are pulled over. You are shocked when the officer arrests you for driving under the influence when all you had was one glass of wine. Hoping to clear your name, you submit to a drug test, believing it will be clean. To your shock, you find out that you have tested positive for THC. After speaking to your friends, you are horrified to learn that the food served at the house party contained a cannabis extract, and that strange feeling you had was THC intoxication. You were driving while intoxicated, unbeknownst to you. You need an Arlington Heights DWI defense attorney immediately.
The Involuntary Intoxication Defense in Illinois
You may have a complete affirmative defense to your DUI charge if your lawyer can prove that your intoxication was involuntary. This would mean that you did not willfully ingest the substance that caused your intoxication. Accidentally eating food that was laced with THC is a frequent example of accidental intoxication.
What Happens After a Third DUI in Illinois?
While a first DUI normally leads to a license suspension and maybe a few days in jail and a second DUI can be a little more serious, your first two DUIs are usually misdemeanors. If you get a third DUI in Illinois, you are now facing a felony charge. Felonies carry a year or more of time in prison and can have a much more serious impact on your life than a misdemeanor. While misdemeanor charges are often overlooked by employers and landlords, felony charges for repeat DUIs can lead to rejection after rejection. The other legal penalties for a third DUI are also much harsher than the penalties for a first or second DUI. If you are facing a felony DUI, you must be represented by an experienced Rolling Meadows, IL repeat DUI defense lawyer.
Consequences of a Third DUI in Illinois
The third DUI penalty most Illinois defendants are most concerned about is jail time. Since a third DUI is a Class 2 felony, you could face between one year and 7 years in prison. In some cases, a shorter term of imprisonment followed by probation is possible. However, your DUI attorney will need to negotiate with the state or present strong mitigating factors - circumstances that show your offense is less serious than it looks - to reduce your prison time.
Do I Have to Answer the Door for the Police?
Having a police officer knock on your door can be alarming, whether or not you are guilty of any crime. Whether or not you have done anything wrong, realizing that the police are on your doorstep can induce a feeling of panic similar to what you might feel when you are getting pulled over. Unless the police have a search warrant signed by a judge, you likely have no legal obligation to answer the door. However, under some circumstances, the police may enter anyway, even if that means they have to break down your front door. It is important to pay attention to what the officers knocking are saying so that you can respond appropriately. If you believe that you are suspected of a crime or if the police enter without your consent, you should contact an Arlington Heights, IL criminal defense lawyer as soon as you have the opportunity to use a phone.
4 Ways to Violate A Protection Order in Illinois
Violating a protection order - even a civil protection order - is a criminal offense. Whether or not you were criminally charged with domestic violence, a protection order has the force of law. Violating the terms of a protection order can lead to jail time. If you were charged with domestic violence or assault against the protected party, a violation of the protection order is probably also a violation of your probation or pre-trial release. You must read the order carefully and strictly follow its terms. If you have been accused of violating a protection order in Illinois, it is important to immediately seek the advice of an experienced Rolling Meadows, IL criminal defense lawyer.
Actions That May Violate Your Protection Order
It can be very easy to violate a protection order without meaning to. Actions that might lead to an arrest for a protection order violation include:
When Roadside Sobriety Tests Are Wrong in Illinois
Roadside sobriety tests are often used by police officers to establish probable cause so that they can make a DUI arrest. However, these tests are notorious for producing inaccurate results. A person who is perfectly sober can fail roadside sobriety tests and be wrongfully charged with a DUI for a number of reasons. Some people simply do not have good balance, and external factors can also affect your score. If you were arrested for drunk driving because you did not pass a roadside sobriety test, a Rolling Meadows, IL DUI lawyer may be able to have those results excluded from the evidence presented in court.
Reasons a Sober Person Might Fail Roadside Sobriety Tests
People who have had one or two drinks are often under the limit and legally able to drive, but the police officer who pulled you over may have smelled alcohol on your breath and assumed you were more intoxicated than you were. Or, they may have smelled the cannabis someone else smoked around you while you declined. Reasons a person who is under 0.08 might fail a sobriety test 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.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
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