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Is Having Drug Paraphernalia the Same as Being Caught with Drugs?

 Posted on March 24,2023 in Drug Crimes

IL defense lawyerYou are probably aware that in Illinois it is against the law to possess illegal drugs such as cocaine or heroin. But did you know that even without the presence of uncontrolled substances, you could find yourself facing drug charges? If you are arrested for possession of drug paraphernalia you could have a legal battle ahead. At Scott F. Anderson, Attorney at Law, we have worked with many people in similar situations and are here to help you navigate through this stressful situation.

What Items Could be Labeled Drug Paraphernalia?

Under the Drug Paraphernalia Control Act, drug paraphernalia includes items that are designed to among other things, consume, package, or store illegal drugs. Here are some examples of drug paraphernalia:

  • Bongs or water pipes
  • Syringes
  • Scales to weigh drug amounts
  • Small plastic bags
  • Sifters used to prepare the drugs

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Under Age Drinking is Not Tolerated under Illinois Law

 Posted on March 16,2023 in Criminal Law

IL defense lawyerAs a parent, you only want the best for your child. But when they make decisions that are against the law, it is natural to be upset and disappointed, especially if they find ways to get their hands on alcohol or worse yet, drink and drive. You need an experienced criminal defense attorney to help you protect your child’s future if they are facing DUI charges.

Using a Fake ID

Teens can be very resourceful and they can easily figure out a way to get a fake identification, to gain access to alcohol. But if a teen is caught using someone else’s ID or a fake ID, they could be charged with a Class A misdemeanor and face one year in jail and up to $2,500 in fines. If they possess or attempt to use a fake ID it is considered a Class 4 felony, which has a possible sentence of one to three years in prison and up to $25,000 in fines. If they get behind the wheel of a car after consuming alcohol the consequences are more serious. A conviction of any crime involving a fake ID can lead to a suspension or revocation of their driver’s license.

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Defense Strategies For Sex Crimes

 Posted on March 10,2023 in Criminal Law

IL defense lawyerBeing charged with a sex crime can have life-changing consequences. It can destroy your family, career, and reputation. In Illinois, if there is a conviction you could spend years in prison and be required to register as a sex offender. It is important to have an experienced attorney to help you build a robust defense to fight sex crime charges. Attorney Scott Anderson is a former prosecutor and he knows how to stay one step ahead of the other side.

Silence

If you have been accused of a sex crime, silence is the best course to protect yourself. Do not answer police questions especially if they coerce you into talking. It is simply a tactic to attain information. Under the Fifth Amendment of the U.S. Constitution, you have the right to avoid answering questions that may be self-incriminatory. The best way to do this is to say nothing and simply request to see your attorney.

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Pregnant Women and Domestic Violence: Understanding Potential Charges

 Posted on March 04,2023 in Domestic Violence & Orders of Protection

IL defense lawyerDomestic violence is prevalent in the United States even though government officials, police, and community groups have tried to fight this problem. Many women continue to experience rape and physical injury by their intimate partners. Nationwide, about one in four women face domestic abuse. What is so alarming according to a new study is that 68 percent of pregnant women are killed with a firearm used by their partner. Depending on the circumstances of each case, in Illinois, domestic violence is a crime that can be considered a felony. If you are facing charges of domestic violence, you need the expertise of a criminal defense attorney.

Alarming Statistics

Unfortunately, domestic violence is often fatal and it is most likely among women who are pregnant or those who have just given birth. Researchers found that between 2009 and 2019, black women faced a higher risk of being killed compared to other groups. The new findings also suggest that laws that restrict a woman’s access to abortion increase the risk of death among pregnant women.

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What is an Aggravated DUI in Illinois?

 Posted on February 27,2023 in Criminal Law

arlington heights felony dui lawyerAn aggravated felony DUI in the state of Illinois is a very serious matter. It is a drunk driving accusation that results in felony charges. Depending on the circumstances of the DUI, even a first-time aggravated DUI conviction could lead to severe criminal penalties. The consequences can range from mandatory jail time to hefty fines. If you are facing charges of aggravated DUI it is in your best interest to work with a DUI criminal defense attorney.

Aggravating Factors in a DUI Case 

The following situations are some examples of what constitutes aggravated DUI under Illinois drunk driving laws:

  • Driving a school bus while intoxicated with children under the age of 18.

  • Being under the influence and causing an accident resulting in great bodily injury to someone else, including disfigurement or permanent disability.

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Understanding the Professional and Personal Consequences of a Criminal Conviction

 Posted on February 17,2023 in Criminal Law

arlington heights criminal defense lawyerEvery day, people are arrested and charged with criminal acts. Depending on what type of crime you are charged with allegedly committing, your biggest worry may not even be the legal consequences you will face if you are convicted of the crime. For some people, their greatest fear is how being charged with a crime may disrupt or irrevocably alter their personal and professional lives. Beyond the punishment handed down by the court, the collateral consequences of a criminal conviction can impact many aspects of an individual’s life. Today, we will examine how being charged with a crime can dramatically alter your life, from affecting your ability to get a job, to housing, educational opportunities, and more. 

The first step in fighting a criminal charge is to hire an attorney. If you have been charged with a crime, consider contacting an experienced criminal defense attorney to understand your rights and best legal options. 

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I Was Charged with Theft; Could I Go to Prison? 

 Posted on February 13,2023 in Criminal Law

arlington heights criminal defense lawyer Theft is a serious crime in the state of Illinois, and it carries severe consequences for those who are convicted of it. Theft can be defined as taking another person's property without permission. The severity of the punishment for theft depends on several factors, including the value of the property stolen, the type of property stolen, and the circumstances surrounding the theft. 

Today, we will look at important considerations if you are ever charged with theft. Make no mistake: theft is a crime that can upend one's life if convicted. To help prevent a detrimental conviction, consider contacting an experienced criminal defense attorney who will passionately defend your rights as you fight to defend yourself and move on with your life. 

What Crimes Constitute Theft? 

In Illinois, theft can include a variety of crimes, such as robbery, larceny, burglary, embezzlement, and more. Robbery, for example, involves taking property from another person through the use of force or threat of force. In contrast, burglary involves breaking into a building with the intent to commit theft. Embezzlement consists of the theft of property entrusted to someone, such as an employee stealing from their employer.

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Weighing Your Options: What Are the Benefits and Drawbacks of Going to Trial in a Criminal Case? 

 Posted on February 06,2023 in Criminal Law

arlington heights criminal defense lawyerGoing to trial in a criminal defense case can be a complex and highly emotional decision for any defendant. On the one hand, the Constitution protects the right to a fair trial, and the opportunity to present evidence can be crucial in securing a favorable outcome. On the other hand, the process of going to trial can be notoriously time-consuming, costly, and can bring unwanted attention and uncertainty to the defendant as well as their family. In this blog, we will look at the benefits and drawbacks of going to trial in Illinois criminal defense cases to help you make an informed decision.

First, if you have been charged with a criminal act, do not hesitate to contact a distinguished criminal defense attorney who can work to ensure your rights are protected and respected and that a positive outcome is pursued in your case. 

Benefits of Going to Trial

The thought of going to trial may seem frightening to most people. But what are the benefits of deciding on going to trial? Benefits include the following:

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What to Know About First-Time DUI in Illinois

 Posted on January 25,2023 in Criminal Law

arlington heights DUI defense lawyerEven as a first offense, a DUI charge is not something to take lightly. It is true that first-time DUI offenses used to be considered little more than a serious traffic violation. However, this is no longer the case. Now, not only is a DUI charge one of the more severe misdemeanors someone can commit, but they are also sometimes even charged as felonies if certain aggravating factors are present in the situation.

It may come as a surprise that the total cost of a first-time DUI, when taking into account both direct and indirect costs, amounts to a whopping $17,000. This is why if you are arrested on a first-time DUI, it is essential you retain the services of a knowledgeable DUI attorney. Doing so will place you in the best position possible to avoid a conviction and move on with your life.

What Are the Penalties for First-Time DUI in Arlington Heights? 

When someone is convicted of a first-offense DUI, the offender may be subject to up to 12 months in prison and a fine of $2,500. It is important to note that the $2,500 does not include court costs, probation fees, or other related costs. The true indirect cost of a DUI is found in the increase in car insurance rates, which can increase by nearly 50 percent in the years following a DUI. 

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What Kind of Evidence May Be Included in a Distracted Driving Case? 

 Posted on January 19,2023 in Criminal Law

rolling meadows traffic violation lawyerUnquestionably, our lives are becoming more and more digitized every day. While devices like smartphones and smartwatches have made us more interconnected with each other than ever before, these types of devices undoubtedly have made our lives more complicated, especially when it comes to cases of distracted driving. Many of us have experienced the temptation of checking a text message while driving. Unfortunately, what begins as responding to a text message while driving can quickly result in getting pulled over for a distracted driving traffic violation

In this blog, we will delve deeper into the law regarding distracted driving in Illinois, and what types of evidence may be used in a distracted driving case to prove the alleged offender was driving distracted. If you have received a traffic violation for distracted driving caused by your cell phone and are interested in contesting your ticket in court, consider contacting an experienced traffic attorney who will protect your rights and inform you of your options moving forward. 

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