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Recent Blog Posts
Can I Get a DUI if Someone Reports Me for Drunk Driving?
Yes, if someone calls the police to report you for drunk driving, you can get charged with a DUI. When a report is made, law enforcement may come to investigate, and if they find you driving under the influence, you could be arrested and charged.
Even if you have already arrived home, police officers can use witness statements, video evidence, or even your own actions as evidence against you. It is essential to understand that once a report is made, the police have a duty to investigate, and if they find enough evidence, they will pursue a DUI charge. If you find yourself in this situation, it is important to speak with an experienced Arlington Heights, IL DUI attorney who knows how prosecutors think and can build a strong defense for you.
What Happens When Someone Calls the Police Suspecting a DUI?
When someone calls the police to report suspected drunk driving, officers are usually dispatched to investigate the report immediately. The police will look for the vehicle in question and will try to observe any signs of impaired driving, such as swerving, speeding, or erratic behavior.
How Does Illinois Define Consent for Sexual Offense Cases?
Consent plays a central role in many sexual offense cases and is often the key difference between an intimate encounter and a sex crime. In criminal defense, proving there was consent can lead to the dismissal of sex offense charges such as rape, sexual abuse, sexual battery, or sexual assault.
But how does Illinois law define consent? In this article, we will explore what is considered consent in the State of Illinois and when it becomes the determining factor between a lawful sexual encounter and a sex crime. If you or someone you know has been accused of a sexual offense, contact an Illinois criminal defense attorney right away to begin building your defense.
How Does Illinois Define Sexual Consent?
Illinois law defines consent as a "freely given agreement" to a sex act or to sexual conduct. This means that an absence of resistance is not good enough to count as consent. If a participant in a sex act does not physically resist or refuse, for example, it is not a sufficient defense against a rape or sexual assault charge. For an act to be considered consensual, both parties must give their agreement independently and without having been coerced, threatened, forced, or intimidated.
How Does Illegal Search and Seizure Affect a Drug Charge?
The Fourth Amendment to the U.S. Constitution guarantees protection for Americans against "unlawful search and seizures" by the government. It is because of this amendment that law enforcement is often required to obtain a warrant before searching someone’s home, car, or personal effects.
By law, evidence obtained through an illegal search and seizure is not admissible in court. There are exceptions to this rule, but a Four Amendment defense can lead to charges being reduced or dismissed. Challenging the legality of a police officer’s method of obtaining evidence has been a strong defense against murder charges, drug charges, DUI charges, assault charges, and more.
In this article, we will explore what illegal search and seizure is, how it can affect a drug charge, and how to contact an Illinois criminal defense attorney to start building your defense.
What Are the Defenses Against a Speeding Violation?
Speeding is one of the most common traffic violations, with around 21 million drivers caught speeding each year. Many are punished with fines, points on their licenses, or even jail time. In Illinois, speeding violations range from misdemeanors to felonies and the penalties vary depending on the severity of the charge.
Many people who are issued speeding tickets simply pay the fine and move on. Towns and cities bank on this and view ticketing as another source of revenue. If you are charged with a speeding violation, you do not have to simply accept the charge and penalties. Hire an aggressive Illinois criminal defense attorney to protect your rights.
What Are the Penalties for Speeding in Illinois?
The penalties for speeding in Illinois largely depend on how fast you drive. For example:
- If you are caught driving up to 25 miles per hour over the speed limit, it is considered petty speeding. Fines for petty speeding average in the $150 range and a driver may receive between 5 and 20 traffic violation points.
When Can I Claim Self-Defense in Illinois?
Self-defense is one of the most well-known pleas against violent criminal charges. People who have been charged with violent crimes such as assault or murder have been acquitted because they were able to show the court that they were trying to protect themselves or someone else.
Laws concerning self-defense are nuanced and can sometimes be complex. Some states have stand-your-ground laws, which allow individuals who are threatened with physical violence to defend themselves with deadly force in certain cases. Other states have duty-to-retreat laws, which require a person who is violently threatened to exhaust all other options before responding with deadly force.
This article will explore self-defense laws in Illinois, including the duty to retreat and the Castle Doctrine. It is important to note that a legal defense is most effective when crafted by an experienced Illinois self-defense attorney.
Can You Use a Breathalyzer Flaw as a Defense for a DUI? | IL
If you have been charged with driving under the influence (DUI) in Illinois, you might wonder if there are ways to challenge the evidence against you. One potential defense strategy involves questioning how accurate the test results are. At the Scott F. Anderson, Attorney at Law, our Illinois lawyer with experience as a prosecutor has unique insight into defending DUI cases and can assist in determining how to use breathalyzer flaws as a defense in DUI cases.
Common Flaws in Breathalyzer Testing
Breathalyzer devices measure the amount of alcohol in your breath to estimate your blood alcohol concentration (BAC). Police officers use these devices during traffic stops to determine if a driver is over the legal limit. In Illinois, the legal BAC limit is 0.08 percent for most drivers. However, breathalyzers are not perfect. They can produce inaccurate results because of various factors, including:
What If I Get Caught Driving With a Suspended License?
Driving with a suspended license in Illinois is a serious offense. Many people underestimate the consequences of this action, but the penalties can be severe and long-lasting. An Illinois lawyer can explain what happens if you get caught, the potential consequences, and what steps you should take to protect your rights.
What You Should Know About Driving With a Suspended License
Driving on a suspended license is not just a traffic violation. In Illinois, it is a criminal offense. This means that if you are caught, you will face more than just a fine or a ticket. You could end up with a criminal record that follows you for years to come. The police can discover your suspended license in several ways:
Are There Any Defenses For Carjacking Charges?
Facing carjacking charges can be a life-altering experience as it can result in jail time, expensive fines, and lasting criminal charges on your record. The severe penalties associated with this offense make it helpful to understand your legal options and potential defense strategies. An Illinois lawyer can help you understand your carjacking charges and reveal possible defenses that may be available to you.
Possible Defenses for Carjacking Charges
When confronted with carjacking accusations, several defense strategies may be applicable:
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Mistaken Identity: Eyewitness testimony can be unreliable. An attorney may challenge the accuracy of witness identifications.
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Lack of Intent: Carjacking requires intent to deprive the owner of their vehicle. This could be a valid defense if you did not intend to steal the car.
Common Mistakes in Driver’s License Reinstatement in Illinois
Losing your driving privileges can be a significant setback, impacting your ability to work, care for your family, and maintain your independence. The path to reinstating your driver’s license is often challenging. Understanding and avoiding common mistakes can distinguish between a successful reinstatement and prolonged frustration. An Illinois lawyer can help you understand the process more effectively, increasing your chances of regaining your driving privileges.
Underestimating the Complexity of the Reinstatement Process
The Secretary of State’s office has stringent requirements that must be met before considering reinstatement. These include completing all court-mandated requirements, paying fines and fees, serving the full suspension or revocation period, providing proof of insurance, and completing necessary drug or alcohol education programs.
What to Do if You Are Charged with Aggravated DUI in Illinois
Being charged with a DUI offense in Illinois is serious, particularly if the charges are for a second or third DUI offense. Even worse is being charged with aggravated DUI in the state, which is a Class X felony—the most serious criminal offense in Illinois. An Arlington Heights felony DUI attorney from [[time]] is necessary to build a strong defense on your behalf. Your attorney may be able to negotiate with the prosecutor to allow you to plea to a lesser offense, or if a conviction for aggravated DUI seems inevitable, negotiate for reduced sentencing.
What Makes a DUI Aggravated—and a Felony?
Under Illinois law, a DUI becomes an aggravated DUI when any of the following is true:
- The DUI occurred when the driver was driving on a revoked or suspended license.
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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.
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