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I Got into a Bar Fight and Was Charged with Assault. Could I Go to Prison?

 Posted on May 31, 2023 in Criminal Law

IL defense lawyerBar fights can easily escalate from a minor dispute to a serious crime. If you were in a bar fight and charged with assault, you are likely wondering about your legal options and whether you could go to prison if convicted. As you face these charges, contact an experienced criminal defense lawyer, as violent crimes such as assault are often prosecuted aggressively, which makes retaining counsel an essential thing to do at this time.

What You Need to Know About Assault in Illinois

In Illinois, assault is a Class C misdemeanor and can result in up to 30 days in jail and a fine of $1,500. However, suppose the assault allegedly happened on public property. If this is the case, you could be charged with aggravated assault, which, at its most basic form, is classified as a Class A misdemeanor, punishable by one year in jail and fines up to $2,500. Moreover, if the assault involved using a deadly weapon or resulted in serious bodily harm, this can also be charged as aggravated assault. However, in cases involving a deadly weapon or serious bodily harm, the penalties of the crime are enhanced to being a Class 4 felony, punishable by up to three years in jail and $25,000 in fines.

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Since Marijuana is Legal in Illinois, is Driving While High Illegal?

 Posted on May 19, 2023 in DUI

IL DUI lawyerMarijuana DUI, or drugged driving as it is commonly called in Illinois, is a severe offense that can lead to numerous consequences if convicted. In 2019, Illinois passed laws legalizing the recreational sale and use of marijuana. However, contrary to the belief of many, driving while under the influence of marijuana is strictly prohibited by the law and can land someone in grave legal trouble. Therefore, if you have been arrested for drugged driving, contact a criminal defense attorney immediately to understand your legal options.

What You Need to Know About Drugged Driving in Illinois

The legalization of marijuana does not mean that DUI laws have changed. Driving under the influence of marijuana is still a criminal offense, punishing offenders with possible fines, jail time, or other penalties. The penalties for marijuana DUI are similar to those for a DUI involving alcohol. The driver could face the suspension or revocation of their driver’s license and may also have to complete an alcohol and drug evaluation before being allowed to drive again.

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I Have Been Charged with Cocaine Possession. Will I Go to Prison?

 Posted on May 12, 2023 in Drug Crimes

IL defense lawyerLike most other states, Illinois has stiff penalties for drug crimes, such as possessing a controlled substance. Illinois recognizes cocaine as a Schedule I drug, meaning that there is a very high risk of abusing the substance, and there is no accepted medical use for the drug. While the ultimate sentence that an individual may face is based on the charges, circumstances of the case, and the individual’s criminal history, jail time is certainly a possibility. Today, we will discuss what you need to know about being charged with cocaine possession in Illinois. As always, if you have found yourself in this situation, contact a criminal defense attorney right away.

Here is What You Need to Know About Cocaine Possession

In Illinois, possession of a small amount of cocaine, like less than 15 grams, is considered to be a Class 4 felony offense, which, if you are convicted, may land you in prison for up to one year and paying fines of up to $25,000. Assuming this is a first-time offense, it is not overly probable that you will serve prison time on a first-time offense of possessing a small amount of cocaine. However, an experienced criminal defense lawyer will still be crucial in defending your rights and interests against the charges.

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What Makes a Great Criminal Defense Attorney?

 Posted on May 04, 2023 in Criminal Law

IL defense lawyerHiring the right criminal defense attorney can make an enormous difference in the outcome of your case. A great criminal defense attorney can provide valuable legal guidance to help protect your rights, freedom, and interests. However, not all attorneys provide the same level of expertise, understanding, and commitment to their clients. Today, we will discuss the qualities of a great criminal defense attorney and how to find such legal services.

Qualities of a Great Criminal Defense Attorney

Here are qualities to look for, including:

  • Knowledge – A great criminal defense attorney must have a deep understanding of criminal law. This includes courtroom procedures and strategies for defending clients during a trial. They should also have a solid understanding of local and state laws that impact your case.
  • Communicative ability – Great lawyers are superb communicators. Your attorney should have no problem explaining legal concepts to you straightforwardly, deepening your understanding of your legal situation.

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Falsely Accused and Arrested for a DUI in Illinois: What to Do and How to Protect Your Rights

 Posted on April 27, 2023 in DUI

IL DUI defense lawyerIf you have been falsely accused of a DUI, it is important to take action to protect your rights and seek legal help as soon as possible. This blog post will discuss the reasons for false DUI accusations, the procedures to safeguard your rights and request a dismissal of charges, and the importance of working with a knowledgeable and experienced DUI defense attorney.

Reasons for False DUI Accusations in Illinois

False DUI accusations in Illinois can happen for various reasons, such as inaccurate results of a breathalyzer or field sobriety, police misconduct or bias, and mistaken identity. Regardless of the reason for the false accusation, the consequences of a DUI conviction can be severe, including fines, jail time, and a permanent criminal record.

Steps to Protect Your Rights and Seek a Dismissal of Charges

If you have been unjustly accused and taken into custody for a DUI in Illinois, it is essential to take immediate steps to safeguard your rights and pursue a dismissal of charges. These steps may include remaining calm and cooperative during the arrest, asserting your right to remain silent and to an attorney, and collecting evidence to support your innocence.

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Getting Back on the Road: How to Reinstate Your Driver’s License in Illinois

 Posted on April 21, 2023 in Driver's License Reinstatement

IL defense lawyerIf your license has been suspended in Illinois, it is vital to comprehend the laws and regulations surrounding this matter. We will discuss the motives behind driver’s license suspension in Illinois, requirements for reinstatement proceedings, and steps you need to take towards potentially regaining your right to drive.

Reasons for Driver’s License Suspension in Illinois

The ramifications of driving with a suspended license can be serious in Illinois. You may be charged hefty fines and even face jail time or further suspension periods if found guilty. Additionally, it is essential to understand why your driver’s license was revoked to take immediate action for its reinstatement; this could have resulted from DUI violations, traffic offenses, or unpaid financial penalties.

Requirements for Driver’s License Reinstatement in Illinois

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Steps to Fight an Illinois Speeding Ticket

 Posted on April 14, 2023 in Traffic Violations

IL ticket lawyerIf you have received a speeding ticket in Illinois but know you were not driving over the speed limit, you have the right to contest the ticket. You are responsible for proving your innocence in this situation, and you should be aware of how to do so. Defending yourself can be challenging, but with the help of an experienced Illinois lawyer, you can increase your chances of success.

Gathering Evidence to Support Your Case

To fight a speeding ticket you did not deserve, you need to gather evidence that supports your case. This may include photos or videos of the road or traffic conditions, GPS data, or witness statements. An experienced Illinois lawyer can help you gather this evidence and determine the most relevant and useful evidence for your case.

Challenging the Ticket in Court

If you are contesting a speeding ticket that was undeservedly given to you, it is essential that you display respect and truthfulness in the courtroom. Your attorney can assist with court preparation by providing advice and guidance throughout this necessary process.

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How Do I Know if My Rights Were Violated When I Got Pulled Over for DUI?

 Posted on April 07, 2023 in Criminal Law

IL defense lawyerIf you were pulled over for DUI in Illinois, it is crucial to know your rights and how to recognize if they were violated during the stop. This blog post will provide an overview of your constitutional rights during a DUI stop and how to recognize if those rights were violated, as well as what to do if you believe they were.

Understanding Your Rights During a DUI Stop

When you are stopped for DUI in Illinois, you have some constitutional rights that stop you from unreasonable searches and seizures. The Fourth Amendment of the United States Constitution guarantees the right to be free from unreasonable searches and seizures, which means that law enforcement officers must have a legitimate reason for stopping you, and must follow specific procedures when searching your person or vehicle.

During a DUI stop, it’s important to remain respectful to the officer, but you should also be aware of your rights.

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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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