Posted on April 04, 2016 in Criminal Defense

Sometimes domestic situations get out of hand. One person in arelationship or family situation, often a male, might lose his temper or act out angrily at his partner, ex, or family member. The other party, often a woman, is the alleged victim, and she might feel threatened, fearful, or vindictive and could over-react to the situation. She might want to call the police and report the incident as an instance of domestic violence.

Calling the police for a domestic violence situation is a serious matter, since the cops are most likely leaving the scene with someone in custody, usually the alleged abuser. Many people know this and do not want to be arrested. Threats made by the alleged victim to call the police can prompt the alleged abuser to interfere with the victim making the call to the authorities. The alleged abuser might:

• Try to physically prevent the victim from placing a call to the police;

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 Posted on April 01, 2016 in Traffic Offenses

A significant number ofpeople in Illinois drive while distracted-a action which can leaddrivers tobe issued a traffic citation. Often, a ticket for distracted driving accompanies some other traffic violation, such as following too closely or speeding and causing an accident.

Even if a distracted driver involved in an accident does not admit that he or she was texting while driving when the accident occurred, law enforcement will typically check a driver’s cellphone records around the time of the accident to determine if the driver was interacting with his or her phone at the time of the accident.

Many drivers underestimate how seriously Illinois law enforcement takes the issue of distracted driving. However, do not doubt for one second that police are not looking for signs of distracted driving on the road. Texting while driving is illegal under 625 ILCS 5/12-610.2. If you receive a citation for distracted driving, you should contact an experienced traffic violation lawyer immediately.

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 Posted on March 25, 2016 in Your Rights

Many criminal defendants are unaware that there is such a thing as criminal trespass to a vehicle until they are facing criminal charges for it. A typical scenario of how these charges arise involves a teenager who “borrows” a car or some other motor vehicle not belonging to him without permission and then takes the vehicle for a joyride. However, when the teen returns with the vehicle, he often finds himself under arrest and facing criminal charges for trespass to a vehicle.

Anyone who is facing criminal trespassing charges needs to seek out the help of an experienced criminal defense lawyer immediately.

What is Criminal Trespass to a Vehicle in Illinois?

Under 720 ILCS 5/21-2, a person who knowingly and without authority or permission enters or operates a vehicle of another can be found to have committed criminal trespass to a vehicle.

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 Posted on March 23, 2016 in DUI/DWI

Disrupting the peace or posing a threat to public safety is often the grounds for a disorderly conduct arrest under 720 ILCS 5/26-1. However,there are plenty of good reasons why you might have acted or behaved the way that you did-actionswhichmay serve as a defense to disorderly conduct charges.

If you are facing disorderly conduct charges, but believe that you have a defense that justifies your actions, you should discuss your particular case with an experienced criminal defense lawyer.

Potential Defenses to Disorderly Conduct Charges in Illinois

There are four main defenses to disorderly conduct criminal charges. These defenses include:

1. Exercising Your First Amendment Right to Free Speech. Some people who are very passionate about speaking out on an issue that is important to them have been charged with disorderly conduct, when the truth of the matter is that the defendant was merely exercising his or her First Amendment right to freedom of speech. Not all topics that are discussed openly in public are accepted by everyone. Yet nonetheless, people have the right to talk about controversial topics in public.

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 Posted on March 18, 2016 in Traffic Offenses

There are more than 300 red-light cameras in Chicago, and in many cases tickets that have been issued from these cameras may be void because the issuance of the tickets violates due process laws. According to a recently issued news report by the Chicago Sun-Times, Circuit Court Judge Kathleen Kennedy issued a ruling, potentially worth millions of dollars, against the city of Chicago to reimburse fines and penalties collected on red-light and speed-cam tickets that were issued without due process.

How Was Due Process Violated?

Due process is your right as an individual to be respected by the state or other governmental entity when it comes to your legal rights. When you are charged with a crime, you are granted certain due process rights, meaning that law enforcement, judges, and prosecutors must treat you in accordance with the law before finding that you are liable for a crime.

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 Posted on March 16, 2016 in Traffic Offenses

Most Illinois drivershave encountered a law enforcement imposed roadblock during their time. Law enforcement use roadblocks to conduct DUI checks, while also completinglicense checks and tags and registration checks on the drivers and their vehicles that pass through the roadblock. However, drivers may not understandtheir rights when it comes to roadblocks. In the event you encounter a roadblock, it is important to understand your rights.

Avoiding a Roadblock Before You Get to It

Many people can tell when they are approaching a roadblock. Traffic backs up, flashing lights are seen in the distance, and some vehicles mayturn around to find an alternative route. As a driver, youmay not be interested in waiting in order to proceed through the roadblock. You maybe in a hurry to get home after work, mayknow a shortcut around the roadblock, or maysimply lack the patience required to answer probing questions from law enforcement. Whatever your driving motivation is, you might decide to try and avoid the roadblock.

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 Posted on March 11, 2016 in Criminal Defense

Individuals who find themselves facing burglary charges may encounterserious consequences if convicted. Burglary charges come in two varieties: burglary and residential burglary. Burglary is a lesser included charge of residential burglary-all of the elements of the crime of burglary are included as elements of the crime of residential burglary. However,in either case, burglary charges are serious-both burglary and residential burglary are felony charges.

What Constitutes Burglary in Illinois?

In Illinois, under 720 ILCS 5/19-1(a), a person commits a burglary when he or she knowingly enters or remains without authority and with the intent to commit a felony or theft in a:

• Building;
• Housetrailer;
• Motor vehicle;
• Watercraft;
• Aircraft; or
• Railroad car.

Burglary committed in a school, daycare, or place of worship carries harsher consequences than burglary of any other building. You can also get into trouble if you are caught in possession or for selling burglary tools, such as keys, instruments, or other devices that can be used to break into any of the places identified above.

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 Posted on March 09, 2016 in Burglary

Illinois law takes a firm stance on protecting a person’s home and property from the unwanted intrusion of others. Indeed, Illinois has a number of laws intended to protect people from others. Specifically, Illinois law provides for criminal charges for trespassing, home invasion, and residential burglary. The consequences associated with each of the above crimes are serious, and criminal defendants who are facing these charges need to have a thorough understanding of what the differences are between these crimes.

Trespassing

Trespassing occurs when a person knowingly enters the property of another without permission. When someone enters or remains in another’s home, it is considered criminal trespassing to a residence, under 720 ILCS 5/19-4. Trespassing can occur by entering another’s yard or property, and residential trespassing could occur if someone entered the home of another or overstayed his or herwelcome as a guest.

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 Posted on March 04, 2016 in Criminal Defense

There are a number of reasons why an individual might find him or herself facing criminal trespassing charges under 720 ILCS 5/21-3. The defendant might have overstayed a invitation to be on the property, the defendant might have knowingly been trespassing on the property of another, or the defendant might have been forced into committing the trespass. Whatever the case may be, criminal trespassing charges are serious, and if you are facing criminal trespassing charges in Rolling Meadows, it is important that you consult with an experienced criminal defense attorney immediately.

Your criminal defense lawyer will be able to analyze your case and identify any potential defenses that you might have to the charges that you are up against. The three main defenses to criminal trespassing charges in Illinois include:

1. You had consent to be on the property. Your alleged trespassing might not be trespassing at all if you had consent to be on the property of another, or if you had permission to use a piece of property, such as a car. If you have permission, then you cannot legally be trespassing. Consent can take many forms, including spoken words, writing, actions or gestures. In some cases, silence or inaction on the part of the property owner can qualify as consent as well, depending on the facts of the situation. Consent must be legal, meaning that the person who gives consent must legally be able to give it. Children, intoxicated persons, and incompetent individuals are incapable of giving consent. Additionally, consent must be rightfully obtained-consent cannot be obtained through fraud or deception, trickery or lies.

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 Posted on March 02, 2016 in Criminal Defense

If you are facing drug charges, you are in a difficult spot. However, if your alleged crimes were committed in the wrong place or involved the wrong person, you could be in even worse shape.

Illinois law provides for aggravating factors when it comes to drug crimes, which can make criminal drug charges considerably more serious. When aggravating factors are present in a drug case, penalties become increasingly severe, and sentences can become substantially hefty.

What Are the Worst Aggravating Factors in Illinois?

The aggravating factors for drug charges in Illinois can be broken down into three main groups: to whom you sold drugs, where the drugs were sold, and repeat offenses. Illinois law is very specific regarding what constitutes an aggravating factor in a drug crime.

1. Who is Involved: Selling drugs to minors is the most common aggravating factor in drug crimes. Selling drugs to a person who is under the age of 18 can lead to double the maximum sentence under 720 ILCS 570/407. Similarly, having minors sell drugs for you is another aggravating factor under 720 ILCS 570/407.01 and can lead to triple the maximum sentence. Also, knowingly selling drugs to pregnant women is an aggravating factor in drug cases, under 720 ILCS 570/407.02, which can lead to double the maximum sentence.

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