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Whether it is due to a traffic stop for alleged speeding, DUI checkpoint, domestic disturbance, or another reason, interacting with the police can be unnerving. Many people find themselves in situations where they do not know the correct protocol for communicating with a police officer. This can lead to increased anxiety, or worse yet, criminal charges. Here are 10 tips on how to respond in such a situation.
It is important for everyone to understand how to handle interactions with law enforcement. There are actions you can take as well as actions you can refrain from that will decrease the chances of a police interaction escalating.
If you are involved in an interaction with the police, be sure that you:
Just as in the vast majority of the United States, the legal limit for blood alcohol concentration (BAC) in Illinois is 0.08 percent. If someone has a BAC of 0.08 percent or greater, they are considered to be intoxicated. Blood alcohol testing is usually a crucial component in a drunk driving case. The prosecution will have a very hard time securing a conviction for driving under the influence (DUI) without a blood test.
However, alcohol blood tests are not always as reliable as you might think. Human error, product defects, and other problems can cause inaccurate results. If you or a loved one are facing DUI charges, it is important to know how blood alcohol test results may influence the case.
Someone accused of drunk driving may be required to undergo a blood draw for the purpose of BAC testing. The person’s blood is analyzed in a laboratory and tested for alcohol and other substances. Blood tests may be inadmissible during a DUI case due to:
People change. Often, the person that someone was in the past bears almost no resemblance to the person he or she is today. Unfortunately, a criminal record can negatively impact someone’s life long after the alleged crime. Employers are less likely to give a job to someone with a criminal past. Similarly, landlords may refuse housing to an individual accused of a crime. Neighbors and community members may also prejudge the person before even meeting him or her. All of these factors can make it nearly impossible for an individual accused or convicted of a crime to move on.
Fortunately, people in Illinois who were convicted of criminal offenses may qualify for record expungement or sealing. These processes remove the criminal record from public view, clearing the way for the convicted person to build a better life.
Many people are shocked when they realize that you can have a criminal record even if you were not found guilty or convicted of a crime. For example, if you were accused of a crime but your charges were dropped, there is still a record of the initial arrest. People who look up your record can see that you were arrested or accused of a criminal act, which can negatively affect your life in several ways.
Fake pills laced with fentanyl are being seized at record rates across the nation and Illinois is no exception. Fentanyl supply is also up in the state. If your troubles revolve around drug crimes you could be facing extremely serious charges. You may have been caught up with the wrong crowd, but whatever your situation, we are here to try to help.
Illinois makes possession of drugs a felony in all cases, with the exception of marijuana. If you are arrested for drug trafficking you will also be charged with the intent to distribute the drugs. And even if the manufacturing or delivery is not successful, possession with intent can still result in charges for drug trafficking.
We may be able to negotiate a deal to reduce the charges in some circumstances. For example, drugs may contain deadly levels of fentanyl, but it would be very difficult to tell that just by appearance. You would need to test the drugs with fentanyl test strips to be certain.
With so much construction underway as Rebuild Illinois continues full steam ahead, it is easy to get frustrated with delays. You may be used to a certain schedule and are having trouble adjusting to the lower speed limits around construction zones. However, exhibiting even a small lack of patience through those areas can have you dealing with a traffic violation that will tarnish your clean driving record.
Nearly 7,000 motor vehicle accidents occur in Illinois work zones leading to more than 1,600 injuries. Last year, 25 people died in construction zones in Illinois and none of them were workers. That is the first time that has happened since 2015.
The minimum speed limit throughout the state of Illinois is 45 miles per hour. That may seem slow but you have to drive even slower than that through construction zones. Excessive speeds in a construction or maintenance zone (work zone) will have you facing some harsh fines and even jail time.
One of the first attempts made by an officer to discern whether a detainee at a traffic stop is under the influence is often field sobriety testing. Field sobriety tests are used to measure an individual’s level of impairment, and to build evidence to be submitted to a court of law following an arrest for DUI. Yet, the methods used in field sobriety testing are imperfect and frequently, the results are influenced by environmental, medical, or other factors that may negate the test’s effectiveness. The imperfections in these testing techniques lie in the fact that these tests are typically administered outdoors, in whatever location the detainee has stopped their vehicle after observing an officer’s order to pull over. A skilled attorney may be able to argue that the results of a field sobriety test have been influenced by factors other than intoxication and effectively null their worth as evidence in a DUI case.
On its face, the crime of assault seems very simple. Most people think of assault as almost synonymous with “attack,” when it really is not. Some people are perplexed when they learn that they have been charged with assault due to this confusion. We frequently hear defendants wonder why they are facing assault charges because they did not hit, push, or even make physical contact with another person. Hitting, pushing, or purposely injuring someone would fall under the umbrella of “battery.” “Assault” on the other hand, simply refers to the act of making someone believe that you are about to commit battery. You should also know that the definition of batter is not as limited as you may believe. If you are facing battery or assault charges in Illinois, it is important that you take the matter very seriously and find a criminal defense attorney.
Having a juvenile criminal record can certainly have an impact on your future. When you go to apply for colleges or jobs after high school, your juvenile record is likely to come up. However, a juvenile record can typically be expunged or sealed fairly easily in adulthood. If you stay out of trouble as an adult, your juvenile convictions can easily be forgiven or brushed off as a youthful mistake. If you are charged as an adult, however, your conviction can follow you for the rest of your life. You may be sent to jail or prison with adult offenders. This can be a very scary prospect. If you are unsure whether you will be charged as a juvenile or as an adult, it may be best to consult an attorney. An attorney may be able to take steps to keep your case in the juvenile courts.
Under limited circumstances, a child under the age of 18 can be charged as an adult and tried in adult court. If you are 16 or 17 years old and charged with murder, aggravated battery using a firearm, or sexual assault, you will automatically be charged as an adult. These crimes are considered very serious–if an older teenager commits one of these crimes, they are engaging in very adult criminal behavior.
A drug-related felony conviction can change your life. People with a felony drug conviction often struggle to find adequate housing, let alone a good career or educational opportunities. The “collateral consequences” of a drug-related felony are often worse than any judicial punishment. Even seemingly minor conduct involving controlled substances can lead to a felony conviction. The line between a misdemeanor and a felony is very thin when it comes to drug enforcement. Many people who are charged with a drug felony are not hardened drug dealers - they are members of the community struggling with addiction. Even possessing certain types of drugs for personal use could get you charged with a life-altering felony offense. If you are facing felony drug charges in Illinois, it is important that you are represented by an experienced and dedicated drug crimes defense attorney.
Domestic violence charges often lead to harsher sentencing than simple assaults. They are also a lot more stigmatized. One of the main differences between domestic violence and assault is who the victim is. A lot of people believe that “domestic violence” and “intimate partner violence” are synonymous, but they are not. In Illinois, you could be charged with domestic violence for assaulting someone who is related to you, who lives in your household, or who you used to be romantically involved with. It is not limited to someone you are currently in a relationship with. A lot of people are surprised to find themselves charged with domestic violence after a dispute with, for example, a roommate. An attorney may be able to help you reduce the severity of your charges.
If you are the primary aggressor in a physical altercation with a stranger or friend, you are most likely going to be charged with assault. While an assault charge is still serious and can land you in jail, a domestic violence charge can close doors in your future. Even if this is not the case, people may look at your conviction and believe that you were physically abusive toward someone you were in a romantic relationship with.
A lawyer’s time and advice are his stock and trade.
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