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Should I Take a Plea Deal?
Plea deals, plea bargains, and plea agreements are all terms used to describe a situation in which a criminal defendant pleads guilty to a crime in order to receive a benefit of some kind. Although "true crime" television shows would lead most people to believe that nearly every criminal case ends up at trial, plea deals are actually very common in criminal cases.
When you are charged with a crime and the prosecution offers you a plea deal, you should take time to consider all the options before making a decision. Each case is different and there is no one-size-fits-all answer. Speak to an experienced criminal defense lawyer and carefully weigh the pros and cons of accepting a plea deal versus going to trial.
Types of Plea Deals in Illinois
The type of plea deal offered to a defendant depends on the specific facts and circumstances of their case. Common types of plea deals in Illinois include:
What if I Was Charged With Assault for Defending Myself?
Everybody has the right to defend themselves and protect themselves from harm. However, proving that an action was taken in self-defense is a complicated legal undertaking. If you or a loved one were charged with assault, battery, aggravated assault, or aggravated battery for acting in self-defense, you may be feeling overwhelmed and unsure what to do next.
One of the first steps you should take if you are accused of any violent crime is to secure legal counsel. An experienced criminal defense attorney will be able to evaluate your specific case and help you determine the next steps.
What Counts as Self-Defense?
If you were involved in a physical altercation, you might find yourself facing criminal charges for assault or a related offense. Depending on the severity of the offense, a conviction can lead to life-changing consequences, including jail time and a permanent criminal record.
Warning: You Can Be Arrested For Drunk Driving Even If You Were Not Driving
Consider the following scenario: A woman goes out to a bar with her friends after work. One glass of wine quickly turns into an entire bottle, and before she knows it, she is too intoxicated to drive home. In order to avoid the chances of being arrested for driving under the influence (DUI), she decides to sleep in her car for a few hours and then drive home once she has sobered up. However, she soon wakes up to a knock at her window and a police officer arrests her for drunk driving.
Situations like these often come as a shock to a DUI defendant. Most people do not realize that they can be arrested for and charged with DUI even if they were not actually driving the car. Whether you or a loved one has been charged with drunk driving or you simply want to be informed about your rights, it is essential to understand Illinois law regarding driving under the influence.
Actual Physical Control of a Vehicle
It is not unheard of for somebody to sleep or rest in their car - especially during the warm summer months. However, if you have consumed alcohol, marijuana, or another controlled substance, the mere act of sitting in your vehicle can lead to a DUI charge.
How Does a Monitoring Device Driving Permit Work?
There are two main categories of penalties in an Illinois drunk driving case: administrative penalties and criminal penalties. You must be convicted, or found guilty, of driving under the influence to be subject to criminal penalties such as community service or jail time. However, administrative penalties are enforced whenever somebody fails or refuses to take a chemical blood alcohol concentration test. Typically, the administrative penalties for a DUI arrest include suspension of your driver's license. Once your license is suspended, it is illegal for you to drive a motor vehicle. Fortunately, there may be a way to regain the ability to drive legally before your suspension is over through a Monitoring Device Driving Permit (MDDP).
Criteria for a Monitoring Device Driving Permit
If you or a loved one were arrested for driving under the influence, you may be exploring your options. Illinois recognizes that many people need to drive to be able to work, transport children to and from school, or take care of other vital needs. If this is your first DUI or you have not had any DUI charges within the past five years, and you are 18 years or older, you may be able to get an MDDP. However, you do not qualify for this permit if your license was already suspended at the time of the DUI arrest or you are accused of causing a drunk driving accident resulting in injury or death.
Can I Get My Record Expunged?
Having a criminal record can influence nearly every aspect of a person's life. If you were previously arrested and charged with a crime, you may have already experienced the repercussions of having a criminal record. Finding employment, housing, and educational opportunities is much harder when you have a record. It can also be embarrassing or downright infuriating to be judged by other people who do not know the circumstances surrounding the criminal allegations against you.
Fortunately, individuals in this situation may be able to clear their names by getting their records expunged. If successful, an expunged record will no longer appear on background checks and employers will not be able to see past criminal charges. Expunging your record can be a powerful way to start anew and put the past behind you.
Illinois Expungement Requirements
Record expungement completely erases any record of an arrest or criminal charge. The charge cannot be viewed by anyone once it is expunged. However, only certain records may be expunged. You can erase a record if:
When is Law Enforcement Allowed to Search Your Vehicle?
Fortunately, individuals in the United States are protected by various local, state, and federal laws – many of which are designed to protect our privacy. The Fourth Amendment to the Constitution specifically addresses when an individual’s personal property may be searched or taken by government officials such as police officers. Everyone has a responsibility to understand their rights when it comes to personal property and assert those rights when necessary. However, if you or a loved one were arrested and charged with a crime after a vehicle search, it is even more crucial that you understand your rights.
Search and Seizure of Property in a Motor Vehicle
Motor vehicles including cars, trucks, and vans may only be searched under certain conditions. However, the expectation of privacy is lower for an automobile than a home. Police generally need a search warrant to search a house or apartment, but they do not usually require a search warrant before conducting a vehicle search.
Make Sure You Understand Illinois Laws Regarding Organized Retail Theft
According to many sources, instances of theft and shoplifting have increased throughout the country. In fact, the National Retail Security System states that theft losses totaled over $100 billion in 2021.
Retail stores are more vigilant now than ever before. Most stores have specific loss prevention employees who monitor security cameras or walk around the store looking for people who are allegedly stealing. With all this increased scrutiny, many people worry about being accused of shoplifting. The fear is warranted. The consequences for theft can be significant, especially if an individual is accused of organized retail theft.
Theft Vs. Organized Theft
Theft involving lower-value items is typically a misdemeanor offense in Illinois. However, if the value of an item exceeds the $500 threshold, the individual may be looking at felony charges in certain counties.
What is a Monitoring Device Driving Permit, and Should I Get One?
In Illinois, blood alcohol concentration (BAC) tests are used to determine if someone is driving under the influence of alcohol or drugs (DUI). If a driver takes a breath alcohol test and the results show 0.08 percent BAC or higher, he or she is considered too intoxicated to drive. This is regarded as a “failed” test. Blood tests may also be used to determine a person’s BAC. If an individual fails or refuses to take a breath alcohol test or blood alcohol test, his or her driver’s license is suspended.
If your license is currently suspended because you refused or failed a BAC test, you may benefit from a Monitoring Device Driving Permit (MDDP). An MDDP will allow you to regain your driving privileges and get you back on the road legally.
Who Can Get an MDDP?
A Monitoring Device Driving Permit is available to first-time DUI offenders in Illinois. You must have no prior DUI charges within the last five years to qualify. You must also hold a valid driver's license at the time of your DUI arrest, and your DUI must not involve an accident resulting in injury or death. You also must be at least 18 years old to get an MDDP.
What Are Mitigating Factors in a Criminal Defense Case?
If you or someone close to you were arrested and charged with a crime, you may be researching your legal options and potential defense strategies. Accusations of drunk driving, assault, theft, weapons violations, or other criminal offenses often catch the accused off guard. They do not know what their rights are in this situation or how to handle the accusations.
One of the best first steps to take after an arrest is to contact an experienced criminal defense lawyer. A lawyer can review the charges and advise you on how to proceed. Depending on your situation, a criminal defense attorney may also use mitigating factors in an effort to get charges dropped or penalties reduced.
Mitigating Factors May Improve Your Chances of Acquittal or Reduce Criminal Penalties
Mitigating factors are details of your case that may lessen the impact of the accused crime. Some examples of mitigating factors include:
Could I Go to Jail for Using Someone Else's ID?
The legal drinking age in Illinois and the rest of the United States is 21. Individuals under 21 years of age cannot legally purchase alcohol or enter over-21 establishments like bars and nightclubs.
However, many young people test the waters by trying to get into these establishments or purchase alcohol before they are old enough. In many cases, they use a fake ID or an older friend's ID to do so.
Although it may seem like a minor offense to some, the mere act of possessing a fake identification card can lead to serious criminal charges. If you or your child were caught using a fraudulent ID, a criminal defense lawyer experienced in juvenile cases can help you understand what to expect and how best to proceed.
Possessing a Fraudulent Identification Card or Driver's License
It is against Illinois law to possess, use, or manufacture fake IDs. Depending on the nature of the offense, crimes related to fake identification cards can be felonies or misdemeanors.
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