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Recent Blog Posts
Can I Be Forced to Unlock My Phone for the Police?
A recent federal ruling declaring the legality of police forcing suspects to unlock their phones using a thumbprint scan raises interesting questions about criminal procedures and self-incrimination. The police are authorized to make you use your biometrics so they can access your phone, even if there is potentially incriminating information on it. If you are suspected of committing a crime, speak with a knowledgeable DuPage County, IL criminal defense lawyer to understand your rights and how this ruling might affect you.
Under What Circumstances Can Police Force Me to Unlock My Phone?
The Fifth Amendment in the Constitution is one of the most invoked amendments by defendants in court cases because it states that no one can be forced to incriminate themself. If you know that an answer to a question you are asked under oath can make you appear guilty, you can "plead the fifth" and refrain from answering.
Understanding Illinois’ "Roll Down Your Window" Law
If you get pulled over by a police officer in Illinois, you might hear them say: "Roll down your window." While it might seem like a suggestion, it is not actually a request. It is part of a law aimed at ensuring safety during traffic stops. Knowing why you should roll down your window and how it could affect you can make your interaction with law enforcement smoother and safer. If you were pulled over by a police officer and are wondering whether there is anything for you to do moving forward, contact a qualified Wheaton, IL criminal defense attorney to find out more.
The "Roll Down Your Window" Explained
In Illinois, when a police officer pulls you over on suspicion of a traffic violation, he might ask you to roll down your window. This law is in place to help drivers as well as officers stay safe during traffic stops. Here is how:
Understanding Illinois Bail Reform
The state of Illinois has been involved in efforts to reform its bail system. The motivation for these reforms has been the desire to create a criminal justice system that is more fair and equitable. However, when facing criminal charges, reforms can make the process more confusing, with things not going as expected. If you are facing criminal charges, speak with a seasoned DuPage County, IL criminal defense lawyer who can explain how the reforms might affect you.
Main Aspects of Bail Reform
Wealth-based inequality happens when two people are charged with the same crime, but one needs to spend the pretrial period in detention, and the other is free to go home simply because his family has access to money that can be put down as bail. The bail system reforms in Illinois were made in an attempt to address this inequality and unfairness in pretrial detention policies, offering alternatives to monetary bail. Key aspects of the bail reform include:
Can a Lawyer Challenge the Results of a Breathalyzer Test?
Most DUI charges across the United States are based on the results of a breathalyzer test. The legal limit in every state except one is 0.08 percent (Utah is 0.04 percent). Historically, drivers were warned that submitting to a breathalyzer test gave the state evidence to use against them during prosecution. More recently, however, many issues have been found with breathalyzer machines that an experienced lawyer can use to reduce or even potentially dismiss DUI charges.
In "implied consent" states like Illinois, refusing a breathalyzer test will result in a driver’s license suspension. Because of this, it can be better to take the breathalyzer test than let a lawyer argue against the inadmissibility of the results. Regardless of whether a driver submits to a breath or blood test or refuses, the best step to take following DUI charges is to immediately contact an experienced Wheaton DUI/DWI attorney from Davi Law Group, LLC. When defendants have a strong legal advocate in their corner, the probability of a positive outcome increases exponentially.
How Can Mitigating Factors Impact My Illinois Case?
It can be extremely distressing to get arrested and charged with a crime. It often comes as a surprise, and you are not mentally prepared to deal with the arresting officers. You might not be aware of your rights, demands you can make, things you can refuse, and ways to make the entire situation go smoother. You are likely afraid about what this arrest means for your future, and you might not realize that there are mitigating factors that can help your case. This article will go over the ways mitigating factors can impact defense, but if this is personally relevant to you, make sure to speak with a skilled DuPage County, IL criminal defense attorney to find out more.
Mitigating Factors in Illinois
Every accusation, crime, arrest, and charge is unique because humans are unique and do not all fit nicely into specific categories. For example, two people can be pulled over for speeding. If one driver is a repeat offender and the other has a clean driving record, the two might face different consequences. If two people are caught stealing, but one was armed during the robbery and the other was not, the unarmed robber will likely face lighter penalties. Mitigating factors can impact your sentence significantly. Some common mitigating factors include:
Ramifications of Probation Violations in Illinois
Depending on the type of crime you are convicted of, the court might opt to hold you accountable without a prison sentence. Probation is a way to monitor convicted criminals without incarceration. It can also be offered to prisoners who meet conditions for early release, in which case they have a period of probation instead of serving out the rest of their sentence. While it is much more lenient of a punishment than jail time, it comes with strict guidelines. Failure to follow them puts you at risk of additional penalties and incarceration. If you get released on probation, consult with a knowledgeable DuPage County, IL defense lawyer to avoid pitfalls that might be a violation of your probation.
How Does Probation Work in Illinois?
There are two types of probation in the state of Illinois:
- Unsupervised probation: This probation has fewer requirements, as you will not need to check in with a probation officer or submit to a drug test, but you might be required to carry out community service. However, if you get arrested again, your probation is revoked, and you could face incarceration. This punishment is mostly granted to people convicted of less severe misdemeanors.
Getting a Criminal Record Expunged in Illinois
One thing that can be said about people is that they make mistakes. In fact, when called out for doing something wrong, a common retort is, “I’m only human.” Mistakes are often made by youths, and the hope is that they learn from them and grow into adults who will not repeat them. Unfortunately, some of those mistakes can result in a criminal record that can follow them well into adulthood. Even if they have paid the price of their mistakes, served their time, and have seen the error of their ways, the taboo that can remain over them like a cloud might affect crucial parts of their life, including housing, employment, and educational opportunities. The good news is that under certain circumstances, some charges can be expunged from a record. It can make a huge difference if you do not need to suffer endless punishment for mistakes you made in the past. If you are interested, you should speak with a skilled Illinois criminal defense attorney to see whether you might be eligible for expungement.
Why You Need a Lawyer Present During Police Questioning
Most people do not wake up in the morning and think they might get arrested that day. Whether you committed a crime or not, whether you know you are a person of interest or a suspect or not, the possibility of arrest generally seems unlikely unless you know you have been caught doing something illegal. Since it is hard to imagine the probability that you might get arrested, you might make mistakes in your interactions with the police that could end up costing you down the line. The moment you are aware that the police suspect you of committing a crime, it is always a good idea to consult with a lawyer experienced in the field of law relevant to you. This article will explore why. Of course, if you are called in for questioning in Illinois, make sure to have a skilled Wheaton, IL defense attorney with you to make sure your legal rights are protected in the process.
Knowledge and Experience
Many people have never been suspected by the police of committing a crime before, and therefore, they have no idea what to expect. There are a lot of situations in which it is helpful to understand whether something that is happening to you is typical or out of the ordinary. An experienced lawyer can observe what is happening and help you figure out whether cooperating with the questioning or ignoring it and keeping your mouth shut is the best path forward.
Dealing with False Accusations of Domestic Abuse
When police arrive to handle a domestic disturbance call, they observe the environment they are faced with to determine how to proceed. In some cases, a survivor of domestic abuse calls for help. However, by the time the police arrive on the scene, the victim is panicked, having just suffered violence, and the perpetrator is keeping himself calm and collected. If they have not witnessed abuse but arrived just after, they likely will not have grounds for an arrest. If the survivor has no proof of having just been attacked and the abuser knows he needs to lie and be composed to avoid an arrest, he might even be able to turn the story around and claim that she was the perpetrator and hurt him, and if she is in a highly emotional state - which is reasonable following an attack - they might believe him. If you are facing false accusations of domestic abuse due to actions you took to defend yourself from an attack, you should consult with a skilled Wheaton, IL defense attorney to protect your rights.
Juvenile Shoplifting in Illinois
People steal for many different reasons. Some think they are above the law and can take what they want without paying. Some feel they need what they are taking, but they are unable to purchase it. Regardless, shoplifting is illegal and can result in serious consequences. Even if the person caught shoplifting is under 18 and their case is brought to juvenile court, they can still face penalties and charges similar to what an adult would. If your minor child has been arrested for shoplifting, a qualified Wheaton, IL juvenile defense lawyer can review the case and offer tailored legal representation.
What Are the Punishments for Shoplifting?
Retail theft, or shoplifting, means someone has taken something from a store without the intention of paying. How your child’s shoplifting will be handled depends to a large degree on the injured party or the person he stole from. This person could decide to give your daughter a harsh warning and possibly bar her from entering the store again. They might call the police, who, depending on the specific circumstances and your child’s background, could bring him to the police station, where they might also decide to let him off with an official warning. Another option is for the injured party to press charges.
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