Posted on February 24, 2020 in DUI

According to the Illinois Secretary of State, more than 26,000 DUI arrests took place across the state in 2018. Drunk driving charges are taken seriously in the state of Illinois, as even a first offense could result in jail time. Being arrested for a DUI can be an intimidating experience because of the uncertainty involved, and it often leaves people with many questions. One of the most common queries people have after their DUI arrest is, “Am I still able to drive?” The answer to this question depends on a variety of factors and how you decide to handle your case. Generally, the answer is yes, with a few considerations that must be made.

Your License Will Still Technically Be Suspended

If you were arrested because a police officer suspected that you were driving under the influence, you will most likely face both administrative and criminal penalties. Administrative penalties are different from criminal penalties and can run concurrently and be administered without being convicted of a crime. A DUI arrest typically results in an administrative driver’s license suspension, referred to as a statutory summary suspension. 

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 Posted on February 10, 2020 in White Collar Crimes

In this day and age of ever-evolving electronics, credit card fraud is becoming increasingly more common. According to the Federal Trade Commission (FTC), there were more than 133,000 reports of credit card fraud across the United States in 2017. Illinois was ranked as one of the states with the most instances of this crime, with 48 complaints out of every 100,000 residents. Though it is not usually a violent offense, credit card fraud can be damaging to the victim, as it is often related to identity theft. If you have been accused of credit card fraud in Illinois, it is crucial that you obtain legal counsel as soon as possible.

Types of Credit Card Fraud

There are many different types of offenses that fall under the umbrella of credit card fraud. If you are charged with any of the following crimes, the penalties could be severe:

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 Posted on January 31, 2020 in Juvenile Law

We all remember when we were teenagers, and in many cases, we did not make the best decisions, which may have gotten us into trouble. As a parent, you can relate to the feeling of being a juvenile, but hearing that your child has run into trouble with the law can be especially concerning. Unfortunately, teens getting into legal trouble is not uncommon. According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), more than 728,000 juveniles were arrested for various crimes in 2018. One of the goals of the juvenile justice system is to help kids get on the right path in life, rather than punishing them for making mistakes. With this in mind, youth diversion programs have become a popular part of juvenile sentencing throughout Illinois and the United States.

What Are Youth Diversion Programs?

One of the main purposes of having a juvenile participate in a diversion program is to avoid putting him or her through the traditional criminal justice system for a minor offense. Youth diversion programs vary in how they operate and are structured, but the essential goal is to provide an intensive and holistic approach to address delinquent behavior. In many situations, the adolescent's family will be included in the diversion program to help encourage their child to reform. Typical services in youth diversion programs can include:

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 Posted on January 08, 2020 in DUI

Being pulled over by a police officer for any reason can be an anxiety-inducing situation. The scenario can be even scarier if you are under suspicion of drunk driving, especially considering how strict the Illinois DUI laws can be. Police officers are trained to recognize the signs of impairment and will be looking for them in every traffic stop. If an officer suspects that you might be intoxicated or under the influence, he or she may ask you to submit to field sobriety testing and/or a preliminary breathalyzer test. While it is not a crime to refuse to submit, choosing not to cooperate can lead to additional consequences.

Understanding Implied Consent

You may know about or have heard of the term “implied consent.” This refers to the idea that every person who has a driver’s license in Illinois has implicitly agreed to submit to chemical testing of their breath, blood, or urine to determine the amount of a specific drug or alcohol in their system, and refusing to comply with this testing can result in automatic driver's license suspension. What some people may not know, however, is that the implied consent law only comes into play after you have been arrested for DUI. In other words, refusing to take a roadside breathalyzer test will not result in the automatic suspension of your license.

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 Posted on December 31, 2019 in Violent Crimes

Being accused of committing a violent crime in Illinois is a very serious matter to deal with. Specific crimes of this nature can be considered to be domestic if they are committed against certain individuals. Domestic violence can often be difficult to detect, because many victims may be too scared to come forward. When accusations are made, however, they are taken very seriously, and they can lead to harsh punishments. This is why it is important to take immediate action if you are accused of committing a domestic crime.

Battery vs. Domestic Battery

Technically, battery and domestic battery are two different crimes in Illinois. For a battery crime to be considered domestic battery, the crime must have been perpetrated against a family or household member. The state of Illinois defines family or household members as people who have a certain relationship, including:

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 Posted on December 18, 2019 in Criminal Law

There has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

• You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.

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 Posted on November 22, 2019 in Traffic Law

Not all traffic tickets are created equally. While some traffic violations may only result in a monetary fine, others can result in much more severe consequences and even criminal penalties. All traffic offenses are serious, but some traffic violations can become even more consequential depending on the location. According to the Illinois Road and Transportation Builders Association (IRTBA), in 2017, there were a total of 5,423 work zone motor vehicle crashes, resulting in 1,435 injuries and 30 fatalities, many of which were caused by speeding drivers. In Illinois, construction zones are one of those locations in which you could face criminal penalties for actions that would be considered minor violations in other places.

Work Zone Considerations

Some people believe that they do not have to worry about speeding tickets if the work zone is not currently active, but this is incorrect. Even if there are no workers present in the construction zone, you are still required by law to follow the posted speed limit, or you risk the penalties for speeding in a work zone.

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 Posted on November 12, 2019 in Violent Crimes

Some of the most common violent crimes in Illinois and throughout the United States are assault and battery charges. Statistics show that in 2017, there were an estimated 810,825 aggravated assaults in the United States. Although people often use these terms interchangeably in everyday conversation, they cannot be misused in the criminal justice realm. If you have suffered from a violent crime, it is important to understand how you have been victimized.

Assault and Aggravated Assault

In Illinois, a person can be guilty of assault if he or she knowingly engages in conduct that would lead another person to believe that physical harm could result. This means that contact does not have to be made for assault to be charged. For example, a verbal threat or a simple fist-raising can be enough to initiate an assault claim.

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 Posted on October 25, 2019 in Traffic Law

Hearing sirens and seeing flashing blue and red lights behind you is never a good feeling, especially if you are unsure why you are being pulled over. Some people panic when this happens, while others become extremely anxious and nervous. No matter the reason you are being pulled over, your behavior and actions during the traffic stop can influence the outcome of the stop. There are certain things that you should and should not do when you are pulled over by police. Here are a few tips to follow if you are pulled over by a police officer in Illinois:

• As soon as you notice police are trying to pull you over, immediately slow down and look for a safe place to stop. If there are no immediate places to safely pull over, put your hazard lights on while you look.

• Once you have safely pulled over, roll your windows down and keep your hands in plain view, such as in your lap or on the steering wheel. Do not reach for anything unless the officer has asked you to do so.

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 Posted on October 04, 2019 in Traffic Law

There are plenty of ways you can get a traffic ticket in Illinois — running a red light, not fully stopping at a stop sign, forgetting to use your blinker while you are turning — the list goes on and on. Traffic tickets can range anywhere from a correctable violation, such as a broken tail light, to felony criminal charges, such as aggravated speeding or reckless driving. For many people, getting a ticket means paying the fine and dealing with the consequences, but in some cases, it can be beneficial to fight the traffic ticket rather than accept it. Some traffic tickets can be charged as criminal offenses and can carry jail time, which is much more serious than just paying a fine. If you have gotten a traffic ticket, it is important that you understand how to minimize the consequences you may face.

Should You Fight the Ticket? Factors to Consider

In some cases, you may want to fight a traffic ticket. In other cases, it is probably best to just pay the fine and move on. Figuring out which route to take can be tricky, especially because each traffic offense carries different consequences. Before you do anything, you must determine if the trouble of fighting the traffic ticket is worth the outcome. Ask yourself the following questions:

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