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Recent Blog Posts
What to Know About Cell Phone Tickets and Distracted Driving
No one wants to be pulled over and given a traffic ticket. But distracted driving could very easily lead to a traffic violation. The first thing that likely comes to mind is how expensive this ticket will be. In Illinois, there were 246,835 vehicle accidents in 2020. Nearly four percent of those crashes involved distracted driving. The consequences range from an expensive ticket on your hands to losing your driver’s license.
Distracted Driving and Using a Cell Phone
Adjusting the radio, eating, putting on makeup, or daydreaming could be considered distracted driving. But there are no laws explicitly banning any of those behaviors while driving. What is not legal in Illinois is using your cell phone while you are driving.
Points on Your License
Illinois has a ban on using handheld devices while driving. If you break this law, you could get a moving violation. It is a traffic offense that adds points to your driver’s license. Three moving violations within one year can result in the suspension of your driving privileges. Even if you think you have total control of your vehicle, an officer can pull you over if they see you using your cell phone to browse the internet, make calls, or take photos while you are driving.
I Am Accused of Child Molestation But I Am Innocent
An accusation of child molestation can be tormenting especially if it is made by someone in your own family and you are innocent. The insinuations cast doubts on you and can destroy a family. Sex crime charges are not only damaging to your reputation but have lasting consequences. You should act fast and seek out a criminal defense attorney who can start building a strong defense right away.
Allegations of Child Abuse
Child molestation is a form of abuse. Society as a whole is inclined to believe the accuser. If you go to court, a jury does not always look at the accused favorably. Child molestation involves sexual or indecent activities between an adult and a child under 13 years old. The following sexual behaviors are considered child molestation under Illinois law:
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Inappropriate touching and contact that does not lead to penetration
Extreme Pranks Can Squash Your Halloween Fun
Mischievous teens tend to come out during festivities leading up to Halloween. Make sure that you do not take those Halloween tricks so far that your actions haunt you for years to come.
Anything from blasting music to threatening violence could lead to serious charges of disorderly conduct. Worse yet, feeding into the frenzy over rainbow fentanyl could leave you facing drug charges. No trick is worth winding up with a misdemeanor or felony on your record.
Rainbow Fentanyl
This Halloween the distribution of rainbow fentanyl poses a big danger to kids. Do not be one of those persons who try to pass off the brightly colored pills laced with fentanyl as candy. One pill or just a small amount of powder can poison or kill someone. It is currently the deadliest drug in the nation that is killing more than 150 people each day.
Caught With Drugs and Afraid of the Consequences?
A drug charge may interfere with gainful employment and landlords can frown upon a conviction when they run a background check. A conviction for drug crimes in Illinois can also have serious criminal consequences, including jail time. But what if you were riding in a car with your buddies and the drugs were in the trunk? If you are facing charges for drug possession, drug manufacturing or distribution, or another drug crime, make sure to contact a criminal defense lawyer as soon as possible.
Elements and Defense
If you are arrested for drug possession do not resist arrest and stay calm. Also, remember that anything you say can be used against you. So be polite and decline to answer questions until your lawyer is present.
The penalties depend on the type of substance and the amount. Under Illinois law, a person must know or have a reason to know if they are in possession of a controlled substance. Charges depend on your type of knowledge. So for you to be charged the prosecution must prove the following three things beyond a reasonable doubt:
Responding to a False Criminal Charge - Part 2
In a blog we posted earlier this month, we began to discuss what happens when a person is arrested for a felony or misdemeanor crime they did not commit. This unenviable situation can cause extreme hardship. You may be filled with anxiety about how your case will end. Sadly, there is always some risk of conviction, even if you are entirely innocent. This is why you need a highly skilled and experienced criminal defense attorney to fight back against the false charges. Outcomes like dismissal or acquittal at trial are possible when the case is well-handled. Remember that it is not your burden to prove your innocence, but the state’s burden to prove your guilt. Proving guilt can prove difficult when the wrong person has been arrested, or no crime was committed at all. However, they may try, and their efforts may be convincing. It is important to follow the advice of your attorney closely.
4 Paths to Victory in a DUI Case
Intoxicated driving charges are serious. There is a stigma attached to DUI convictions. You may face socioeconomic consequences in addition to any judicial penalties ordered. Even as a misdemeanor, a DUI can result in a term of incarceration, a loss of driving privileges, and steep fines. As a felony, the consequences may be even more dire. Particularly if someone was injured, courts take intoxicated driving seriously and are unlikely to show leniency. However, a conviction is not assured at the outset of the case. In our justice system, you have the opportunity to present a defense that may result in a dismissal or acquittal at trial. This is why you need a skilled attorney to carefully assess every aspect of your case in order to build the strongest defense possible. If you have been arrested for DUI, it is critical that you contact an attorney as soon as you are able to.
The Pros and Cons of Going to Trial
If you are facing criminal charges, you may feel like you have no options and no control over the process. You may have gotten a letter telling you to be in court at 9am and you must show up or face arrest. If you are put on pretrial supervision, you must comply with everything some probation officer tells you to do. For example, if you get a phone call telling you to come in for a drug test, you must stop whatever you are doing and comply. It is easy to feel like you have little agency left. However, you have options. You probably have more options than you think. One of the biggest decisions you will need to make is whether to accept a plea bargain or go to trial. There are benefits and drawbacks to both decisions. While your lawyer can guide you and give you a better understanding of your specific situation, the choice is ultimately yours.
Trial, Risk Tolerance, and Extreme Outcomes
If you are only facing one charge, trial can be an all-or-nothing event. If you are acquitted after a trial, that is it - you are free to go. You can walk out of the courthouse with no conviction on your record, and you will not have to worry about your case anymore.
Responding to a False Criminal Charge - Part 1
As much as we would like to think that only guilty people get arrested and wind up charged with a crime, this is very much not the case. Every year, a significant number of innocent people find themselves having to plead “not guilty” at arraignment because they really did not commit the crime they are charged with - at least not knowingly. This can be a terrifying situation to be in. We have all seen documentaries about people who spent decades in prison only to be exonerated. Of course, most false charges are far less serious than homicide. Domestic violence, theft, and drug possession are very common crimes that people in Illinois must fend off erroneous accusations. If you have found yourself charged with a crime that you did not commit, it is critical that you find a tough criminal defense attorney to protect your freedom and reputation.
Why do These False Arrests Happen?
The decision to arrest is typically made on the spot by police officers, who are human and make mistakes. Often, innocent people are arrested simply because the police walked into a situation they did not understand. Common reasons that people get charged with crimes they did not commit include:
What Counts as a "Vehicle" Under Illinois' DUI Laws?
In Illinois, our driving under the influence laws say that it is illegal to operate a vehicle while intoxicated by alcohol or drugs. Clearly, your car is a vehicle, as is your family’s SUV. A big rig is very clearly a vehicle, and CDL holders may be in even more trouble for drunk-driving one. However, there is still room for debate and confusion about what else constitutes a “vehicle.” Is your bicycle a vehicle? Will you get in trouble for drunk riding your bike home from the bar to avoid driving? What if your bicycle is electric and you do not have to pedal it? These are the types of questions you need answers to before you hop on any device meant to transport you while you are impaired by alcohol or drugs like cannabis. If you do find yourself charged with a DUI on an unusual vehicle, our attorneys can help you fight the charge.
Defining a “Vehicle” for Purposes of Illinois’ DUI Laws
In Illinois, the definition of a “vehicle” is somewhat broad. For purposes of determining whether you could get charged with a DUI for driving or riding it while intoxicated, the determining factor is what powers the vehicle. A “vehicle” is anything designed to transport a person or people, and that is not solely human-powered.
Is There a Diversion Program for Drug Crime Defendants?
Drug crimes - even simple possession - are very serious in Illinois. If you were caught with drugs other than cannabis, you are most likely looking at a felony charge. Even if you have never been in trouble with the law before, you could be convicted of a felony and sent to prison for drug possession. Most individuals who are caught with small amounts of illicit substances for personal use are not big-time dealers or traffickers - they are average people. Illinois courts recognize that people make mistakes and that not everyone caught with drugs is a serious or routine offender. To help prevent small-time occasional drug users from becoming felons, Illinois does have a type of diversion program. Our lawyers can tell you more about how this program can help you avoid a conviction.
Section 410 Probation for Certain Drug Crimes
First-time drug offenders may be eligible for Section 410 probation. First, you must plead guilty to the drug possession - however, the court will not enter a guilty verdict at this time. Instead, you will be ordered to complete Section 410 probation. If you fulfill all the requirements of Section 410 probation, then the charge will be dismissed entirely and your record will be clean.
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
847-253-3400
