|
|
|
Recent Blog Posts
When Can You Walk Away from a Police Stop or Interview?
About 53.8 million U.S. residents over the age of 16 had some type of contact with police in 2020. This number was down from prior years, likely due to the pandemic. Whether you are being questioned as a suspect in a felony or misdemeanor offense or as someone with information about a crime, it can be anxiety-inducing to face police questioning.
People are often so intimidated by being questioned by the police that everything they know about "the right to remain silent" simply goes out the window. While most of us know that once we have actually been arrested, we should ask for a lawyer and stop answering police questions, what about when a police officer stops you on the street and begins asking questions? What if you are asked to come into the police station and answer questions, and you do so voluntarily?
Can a Police Officer’s Mistakes Affect Your DUI Outcome?
If you are facing DUI charges, it is normal that you are anxious about the outcome. Could you lose your job? Could you have your driver’s license suspended? Even worse, could you be sentenced to time in jail? While feelings of anxiety and fear are perfectly normal for those facing DUI charges, now might be a good time to remember that police officers are human and make mistakes.
The police officer who arrested you may have made serious errors that could potentially result in the charges being dropped or reduced, or could be used to obtain a more favorable sentence. The best step you can take is to speak to an experienced Rolling Meadows, IL DUI lawyer regarding any errors you believe were made during your DUI stop and arrest.
What Types of Mistakes Might a Police Officer Make During a DUI Stop and Arrest?
Police officers can make common DUI arrest mistakes, including the following:
Should I Plead My DUI Down to a Reckless Driving Charge?
If you have been charged with DUI, depending on the circumstances of your arrest, your attorney may be able to plead the charges down to reckless driving. While this type of plea agreement could be much better for you than taking your chances with a DUI conviction, there are questions that should be asked before you accept such an agreement.
While a plea agreement that turns your DUI charges into reckless driving charges might be your best option, there could potentially be better options available. Speak to your Rolling Meadows, IL DUI attorney to determine your best course of action, now and in the future.
What is a DUI Plea Bargain?
Under a plea bargain related to your DUI, you will enter a guilty plea or a plea of no contest to a lesser charge, like reckless driving, to avoid a DUI trial and potentially receive a much less severe sentence. The exchange for a plea deal is that you forfeit your right to a jury trial. In return, you know your sentence for reckless driving in advance.
Who Gets Arrested When Two Family Members Are Fighting?
When we hear the term "domestic violence," we usually think of violence between two people in a romantic relationship. And, in fact, the vast majority of domestic violence charges (almost 82 percent) are for violence between those who are currently in a romantic, intimate relationship or who were in a romantic, intimate relationship. That said, there are many other times when domestic violence involves family members rather than romantic partners.
The incidence of domestic family violence increases when financial hardship, unemployment, lower education, drug and alcohol abuse, and an adult’s history of his or her own childhood abuse are present. When police see a child or a woman who has been injured by domestic violence, determining who to arrest may be relatively easy – it is usually the larger male with no visible injuries.
How Long After a DUI Accident Do the Police Have to Charge You?
Suppose you were involved in a one-vehicle accident when you were coming home from a bar late at night. EMS arrived before the police and took you to the hospital, where bloodwork was done. The police showed up at the hospital later and questioned you about the accident. While it was clear they assumed you were driving under the influence and asked for a breathalyzer test, the nurse came in at that moment and took you for an X-ray to determine whether your arm was broken.
After you were treated, your wife came to the hospital, checked you out, and you went home. It’s been a week, and you still haven’t heard anything from the police regarding potential DUI charges. How worried should you be? Do the police have access to your blood results taken at the hospital? How long do they have to charge you? This can be a nerve-wracking time, wondering whether you will be charged with an Illinois DUI. The best thing you can do for your future is to speak to a highly skilled Rolling Meadows, IL DUI attorney.
What Is a "Terry Stop" – And Is It Legal?"
A landmark Supreme Court Case in 1968 – Terry v. Ohio – gave law enforcement legal permission to conduct a brief search without the need for probable cause. After this case, "stop and frisk" became alternatively known as a "Terry Stop." Stop-and-frisk allows police to detain an individual based on reasonable suspicion (a step below probable cause) and conduct a minimally invasive pat-down, usually for drugs or a weapon.
This pat-down is intended to determine whether the person in question is armed or engaged in or about to engage in some form of criminal conduct. In the context of a traffic stop, the police do not necessarily need to believe anyone in the vehicle is involved in criminal activity to perform a cursory search of the glove box if there is reasonable suspicion that there is a weapon inside. As you might imagine, Terry Stop and stop-and-frisk remain surrounded by controversy.
Will I Go to Jail for Driving on a Suspended License?
Losing your driver’s license can make everyday life incredibly difficult, but getting behind the wheel without a valid license can lead to serious legal consequences. If your license has been suspended due to a DUI or another violation, you may be wondering, "Will I go to jail for driving on a suspended license?" The short answer is possibly, depending on the circumstances.
At Scott F. Anderson, Attorney at Law, we understand how frustrating it can be to lose your driving privileges. With more than 25 years of experience practicing criminal law as both a prosecutor and a defense attorney, our Illinois criminal defense lawyer helps clients in Rolling Meadows, Arlington Heights, and the surrounding areas fight charges and explore options for license reinstatement or a hardship license.
What Are the Penalties for Driving on a Suspended License in Illinois?
Illinois law takes driving on a suspended license seriously. The penalties depend on the reason your license was suspended and whether you have prior offenses.
What Happens if You Run Away From Police?
A lot of people — especially young guys — think that running from the police is a good idea at the moment. Maybe you panic. Maybe you think you can actually get away. Or maybe you just do not want to deal with the hassle of an arrest. But running away from police is a move that can make an already bad situation much worse.
In Illinois, fleeing from the police can turn a minor situation into a serious criminal charge. Whether you are on foot or in a car, trying to get away from law enforcement can lead to heavy fines, jail time, and a criminal record that follows you for life. If you have been arrested for fleeing or attempting to elude police, our Illinois criminal defense lawyer can help you understand your options and build a strong defense.
What Are the Penalties for Evading Arrest in Illinois?
Illinois law takes running from the police seriously, and the penalties depend on whether you were on foot or in a vehicle. Trying to run away from the police on food is usually charged as resisting or obstructing arrest, and it is a Class A misdemeanor. That means for this alone – not including any other charges you face – you could face up to a year in jail, up to $2,500 in fines, and probation.
Drug Possession on School Grounds
Being caught with illegal drugs anywhere in Illinois can result in serious consequences. If you were on school grounds or within 1,000 feet of a school when you were found in possession of drugs, you might face enhanced sentencing. Illinois schools, including colleges and universities, are designated drug-free zones. These laws are designed to make going to school safer for children and college students by minimizing drug activity near the school and on campus. However, not all drug activity within 1,000 feet of a school involves or threatens students. Many of those arrested for drug crimes on or near school grounds are students themselves. Parents who pick up or drop off their children are also vulnerable to these enhancements. If you were arrested for drug possession, possession with intent to sell, or drug distribution in a designated drug-free zone, you need an aggressive Arlington Heights, IL, drug crime lawyer. If you are found guilty and the court determines that these sentencing enhancements apply, your jail time could be doubled.
The Role of a Rape Kit in Sex Crime Prosecutions
When someone goes to a hospital in Illinois and says that he or she has been raped in the last several days, the patient will be offered a sexual assault examination, commonly called a rape kit. A specially trained nurse known as a Sexual Assault Nurse Examiner (SANE) may be called in to help collect evidence while another nurse takes care of the patient’s medical needs. This evidence may or may not be turned over to law enforcement, depending on whether the patient is willing to talk to the police and press charges. If someone has accused you of sexual assault, learning that he or she had a rape kit done can make you feel nervous. However, even if the rape kit shows that you undoubtedly had sexual contact with the alleged victim, this is not enough to prove that you are guilty of rape. The state will also have to prove that the sexual contact was nonconsensual.
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
