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Most charges for driving under the influence (DUI) are misdemeanors, but any element that classifies it as a felony turns it into an aggravated DUI charge. Under Illinois law, an aggravated DUI can be charged as anything from a Class 4 felony up to the most serious charge, a Class X felony. If you have questions about the charges you face, a Wheaton, IL DUI defense attorney can help.
In Illinois, a DUI becomes a Class 4 felony under specific circumstances, elevating it from a misdemeanor to a serious criminal offense. Although a Class 4 felony is the least serious felony classification, it can still carry harsh penalties. A conviction can result in up to three years in prison and a substantial fine, according to Section 4.5-45 of 730 ILCS 5/5. For example, a Class 4 felony DUI may result from a drunk driving car accident involving an injured child under 16 or a DUI while driving a school bus with a child on board. If you were driving under the influence when an accident occurred and someone suffered a serious injury, disfigurement, or permanent disability, you could face an aggravated DUI charge.
If you are facing drug paraphernalia charges in Illinois, understanding the laws that apply, including what classifies as drug paraphernalia, ensures you approach your case well-informed. Not everything found near drugs is automatically illegal, but certain items, especially those linked to drug use, can trigger serious criminal charges. A Wheaton, IL drug paraphernalia defense attorney can help you navigate these laws and understand how to challenge the charges.
According to the Illinois Drug Paraphernalia Control Act, 720 ILCS 600/1, the term "drug paraphernalia" covers a broad umbrella of equipment, products, or materials that are used or intended for use in connection with illegal drug activity. This can include anything from devices used to ingest controlled substances to tools associated with their manufacture, preparation, or packaging. The law covers items, such as pipes, bongs, and syringes, that are commonly linked to drug use, and it extends to objects used to produce or distribute drugs. Whether something qualifies as paraphernalia often depends on how it is used or how it was found. A seemingly ordinary item could be characterized as illegal drug paraphernalia just because it is tied to drug-related behavior.
Illinois courts take domestic violence charges very seriously, and typically, battery charges related to domestic violence involve a victim and an abuser. However, cases where both parties are physically and emotionally violent are more complex. If you were charged with domestic battery for fighting with someone, talk to an experienced Wheaton, IL domestic violence defense attorney to find out how you can challenge the allegations and tell your side of the story.
When two people in a domestic relationship are abusive to one another, "mutual abuse" applies. Often, each person involved will accuse the other person of being abusive, and law enforcement investigating a domestic violence call may find it difficult to determine who is the main aggressor. Typically, they will identify someone and arrest that person. However, if more information comes to light, the other party could be arrested and charged with domestic battery as well.
Like most states, Illinois has specific laws that govern speeding in a construction zone. Construction workers inherently face more danger on the job than the average person, and the laws that protect them from careless drivers are meant to keep you safe as well. If you were cited for speeding while driving through a construction zone, talk to a DuPage County, IL traffic violation defense attorney to discuss the specifics of the stop and whether you may be able to challenge the citation.
Illinois law has special speed limit requirements while driving through a highway construction or maintenance zone. The law prohibits you from going faster than the zone’s posted speed limit and defines what counts as a construction zone. For example, a governmental agency with jurisdiction must authorize the area. Additionally, there must be signage that warns drivers that they are approaching the zone and informs them of the maximum speed limit for the area and the applicable fine for speeding.
When you drive a commercial truck for a living, much is at stake if you are charged with drinking and driving. Because Commercial Driver’s License (CDL) holders are responsible for valuable cargo and operate such heavy machinery, they are held to a higher standard than the average driver. Fighting a DUI charge as a CDL holder can be daunting on your own. A Wheaton, IL DUI defense attorney will fight aggressively to protect your rights and try to help you avoid a conviction that could negatively impact your career.
According to the Illinois DUI Factbook, the blood alcohol concentration (BAC) limit for a standard licensed driver in the state is 0.08 percent. It is illegal to drive at or above that limit. For commercial truck drivers, the standards are higher, with a legal limit of 0.04 percent. For the average male weighing 170 pounds, just two drinks can put you over the threshold for a CDL holder, and the consequences of a DUI conviction can be devastating.
Driving with a suspended or revoked license is against Illinois law and the penalties vary on a case-by-case basis. Facing this charge alone, without a more thorough understanding of the laws that apply, could be detrimental to your case. An Illinois traffic violations attorney will walk you through the legal process of facing criminal charges, ensuring that your rights are protected and that you understand the potential penalties and legal options in your case.
Illinois Vehicle Code 625 ILCS 5/6-303 states that being in physical control of a vehicle on a public road while your license or permit is suspended or revoked is an offense. The penalties you may face if convicted can vary based on the following factors:
Resisting arrest is a serious charge in Illinois, with the potential for significant consequences. If you are accused of resisting arrest, you need to understand the possible legal defenses you could use. Defendants can challenge these criminal charges in various ways, depending on the circumstances surrounding their arrest. If you are in this situation, speak with a qualified Illinois criminal defense lawyer as soon as possible so we can begin working on the best defense strategies for your case.
One of the most common defenses in resisting arrest cases is that the defendant had not intended to resist arrest. Under Illinois law, you need to intentionally obstruct or resist a peace officer who is lawfully executing their duties to be charged. This means that if you had not meant to resist or obstruct the officer, your lack of intent could give you a valid defense.
Smartphones have made it easier than ever to record interactions with law enforcement. Many people use their phones to document police conduct, especially during traffic stops, protests, or other public encounters. However, there are questions about the legality of filming the police and whether you can get arrested for doing so in Illinois. A skilled Illinois criminal defense attorney can discuss any questions or concerns you may have about criminal charges.
The short answer to this question is no, although a more nuanced extension of that answer would be "but it depends." Under the First Amendment, you have the right to record public officials, including police officers, as long as you are in a public space where you have the legal right to be. If you are in a park, on a sidewalk, or somewhere else in a public area, you can typically record a police officer without needing to worry about getting arrested for it.
While most teenagers know that it is illegal for minors to buy alcohol, many do not stop to think about how others suffer if they use a fake ID to buy it anyway. Store clerks, bartenders, and business owners who respect the law will check customers to make sure they are of legal age to buy and drink. However, if you are given very realistic fake IDs and unintentionally sell alcohol to minors, you could end up in serious legal trouble, and you will need a qualified Illinois criminal defense attorney to help.
According to Illinois law, it is illegal to sell or even give alcohol to anyone who is younger than 21 years old. Liquor store workers, bartenders, waiters, business owners, and homeowners are all obligated to follow this law, and a fake ID does not change that. According to the law, if you sold or gave alcohol to someone you should reasonably have known was underage despite what the realistic ID said, you can still be held accountable, and you could even go to jail for it.
Anyone who likes watching cop shows or listening to true crime podcasts has probably heard the term "person of interest," but many have never stopped to think about what it might feel like to actually be named one in a criminal case. This designation means that the police investigating a crime believe you have information that could be helpful to their investigation. It does not mean you are a suspect, although it can put you under the spotlight and you may be unsure about your legal obligations. A knowledgeable Wheaton, IL criminal defense lawyer can help you navigate this situation while protecting your rights.
"Person of interest" is not actually a formal legal designation, but it is a term that law enforcement officers use to describe someone who is under scrutiny as they investigate a crime. This is not the same as a suspect, who they believe may have committed the crime. Instead, it might be someone connected in some way to the case, a suspect, the victim, or someone who might, for some other reaso,n have information that could help solve the case.
A lawyer’s time and advice are his stock and trade.
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