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Aggravated Discharge of a Weapon Charges in Illinois

 Posted on June 13, 2024 in Weapons Charges

IL defense lawyerOn May 16th, 2024 a sentence of ten years in the Illinois Department of Corrections was given to an Illinois man convicted of the offense of Aggravated Discharge of a Firearm. His weapons charge conviction will be served at 85 percent, stemming from an event involving reports of shots fired in Marengo, IL. Witnesses to the incident stated the defendant allegedly shot his firearm at a vehicle occupied by a married couple and their two children.

Although nobody was injured in the shooting, the incident triggered the charge of Aggravated Discharge of a Firearm in Illinois. If you should find yourself facing this Illinois weapons charge, you must speak to a knowledgeable Rolling Meadows criminal defense lawyer as quickly as possible. The potential penalties for this criminal offense are severe and can alter your future.

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When Can You Appropriately Use an “Insanity Defense?"

 Posted on May 20, 2024 in Criminal Law

Rolling Meadows criminal defense lawyerOne of the most misunderstood and controversial defenses is the insanity plea. TV shows and movies often portray it as a get-out-of-jail-free card for obviously guilty defendants. In reality, the requirements are strict, and successful insanity defenses are rare. An Illinois lawyer can help you figure out if you qualify.

What Exactly Is an Insanity Defense?

In Illinois, the insanity defense comes from the principle that a person cannot be held criminally responsible if, due to a mental disease or defect, he lacks the capacity to appreciate the criminality of his conduct. The defense does not dispute that the defendant committed the act, only that he was legally insane at the time.

Two Elements Must Be Present

To raise an insanity defense, the defendant must prove by clear and convincing evidence that:

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Protecting Your Rights When Facing a Search Warrant

 Posted on April 19, 2024 in Criminal Law

Oakbrook Terrace criminal defense lawyerIt can be overwhelming to find law enforcement officers standing outside of your home, holding a search warrant when you do not even expect it. However, you must remember that you have rights. Understanding your rights if faced with a search warrant can help ensure that your rights are upheld. An Illinois lawyer can help guide you through the steps you should take if you find yourself in this challenging position.

Definition of Search Warrants in Illinois

A search warrant is a legal document issued by a judge that authorizes law enforcement officers to search a specific location, such as your home, vehicle, or business, for evidence related to a crime. In Illinois, the issuance of a search warrant is contingent upon probable cause, which is the reasonable assumption that evidence of a crime will be discovered at the specified location.

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Legal Strategies for Fighting Theft Charges in Illinois

 Posted on March 15, 2024 in Theft

Rolling Meadows criminal defense lawyerFacing theft charges can be an incredibly overwhelming experience. The consequences of a conviction can have far-reaching impacts on your life, including potential fines, probation, or even jail time. However, it is crucial to understand that you have legal rights and options to defend yourself against these charges. An Illinois lawyer can help you explore potential legal strategies for fighting theft charges.

Challenging the Evidence

One of the most effective strategies in defending against theft charges is to challenge the evidence presented by the prosecution. In Illinois, the burden of proof lies with the state, and they must prove their case beyond a reasonable doubt. Your attorney can scrutinize the evidence, looking for weaknesses, inconsistencies, or violations of your constitutional rights during the investigation or evidence collection process.

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Should You Dispute Breath Test Results For an Illinois DUI?

 Posted on February 29, 2024 in DUI

Rolling Meadows, IL dui defense attorneyA DUI charge can cause chaos in your life in an instant. Many drunk driving arrests rely heavily on breathalyzer readings to establish blood alcohol content (BAC) levels. However, these devices are imperfect and mishandling results happens often. An Illinois lawyer can help you to contest questionable breath tests in court and whether doing so aligns with your best legal interests.

How Do Breath Tests Work and Why Should I Challenge Them?

Breath analyzers estimate BAC through an infrared spectroscopic analysis of your breath. But the reliability depends on proper device calibration, testing protocols, and operator skill. Procedural deviations could make the numbers inaccurately high or low. By examining maintenance records and administrator errors, a defense lawyer may succeed in excluding faulty breath results.

Potential Breath Testing Mistakes

Mistakes often happen during breathalyzer testing. Watch for these issues:

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Will I Be on the Sex Offender Registry if I Am Accused of a Sex Crime? 

 Posted on March 02, 2023 in Sex Crimes

Oakbrook Terrace Sexual Offense LawyerThe sex offender registry is a list of people who have been convicted of certain sex crimes. The list is published online, and anyone can search it to see if someone has been convicted of a sex crime. As you can imagine, being included on the sex offender registry can have serious consequences for a person’s reputation and future opportunities.

When someone is listed on the Illinois sex offender registry, they must comply with certain restrictions and follow a specific set of rules. For example, an individual accused of a sex crime involving a minor may be prohibited from living near a school or public park.

If you were arrested for an alleged sex crime, it is crucial that you understand your rights and legal options. Speak to a sex crime defense lawyer for personalized legal support.

Illinois Offenses that Require Registry on the Sex Offender List

Before discussing the crimes that require sex offender registration, it is important to note that a criminal conviction is not the same thing as being charged with a crime. When someone is charged with a crime, they are formally accused of committing the crime. However, in the United States, all individuals are assumed innocent until proven guilty. You will have the opportunity to defend yourself against the charges and tell your side of the story. If you are acquitted of the offense, you will not be required to register on the sex offender list.

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Illinois Drug Charges Involving Hydrocodone

 Posted on February 02, 2023 in Criminal Law

Rolling Meadows Hydrocodone Charges LawyerHydrocodone, or Vicodin, is considered a Schedule II controlled substance in Illinois, meaning it has a high potential for abuse and dependence. Any possession, sale, manufacture, or distribution of this drug without proper authorization is strictly prohibited by law and can lead to severe penalties. Many people assume that they cannot face severe penalties for a substance that is frequently prescribed by physicians. However, a criminal conviction for a drug crime such as possession of hydrocodone can have life-changing consequences.

If you or someone you love are currently facing criminal charges for possessing or selling hydrocodone, it is important to understand the law, your rights, and the penalties for this offense. Reach out to a criminal defense lawyer to receive personalized guidance.

What are the Criminal Penalties for Vicodin in Illinois?

In Illinois, hydrocodone possession is a Class 4 felony at a minimum if the person allegedly possessing the pills did not have a valid prescription for them. The prison sentence for a Class 4 felony conviction can range from one to three years in prison. Criminal penalties increase if the person possessed large quantities of controlled substances or items used in the distribution of controlled substances, such as baggies, scales, and large quantities of cash. These items may lead to accusations of drug distribution or drug dealing.

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Blood Alcohol Test Inaccuracies Can Lead to Acquittal or Dismissal 

 Posted on January 06, 2023 in DUI

Rolling Meadows DUI Defense LawyerWhen someone is arrested for drunk driving, they are often required to undergo blood alcohol testing. The blood alcohol limit in Illinois is .08 percent. If someone's BAC is above this limit, they will be charged with driving under the influence (DUI). However, blood alcohol tests are not always accurate. Various problems with the administration, storage, and analysis of a blood sample can lead to unreliable results. In some cases, these issues can lead to acquittal or dismissal of the DUI charges.

Problems with Blood Alcohol Testing for DUI

Blood tests are used to determine whether someone is intoxicated and are often crucial forms of evidence in a DUI case. However, there are a few ways that blood alcohol testing can be inaccurate or unreliable.

  • Unqualified Individuals - Only certain individuals are qualified to administer a blood test. If the person administering the test is not adequately trained, the results could be unusable during the DUI case.

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4 Myths and Misconceptions About Criminal Cases in Illinois

 Posted on December 15, 2022 in Criminal Law

Rolling Meadows Criminal LawyerRumors, television crime dramas, and the media have perpetuated many different myths and misunderstandings about the criminal justice system. When someone is arrested on suspicion of a crime, well-meaning but ill-informed friends and family often further complicate the situation by sharing inaccurate information. In this blog, we will explore some of the most common falsehoods about police, arrests, and the criminal justice system.

Myth: Cooperating with Police May Lead to a Lower Sentence

If you have ever been interrogated by police or watched a TV show depicting an interrogation, you may have seen police offering to “help” the defendant in exchange for the defendant’s cooperation. For example, the police may say, “If you answer my questions, I can help you out.” They may imply that confessing will lead to a lower jail sentence or reduced charges. However, police do not have the authority to determine a defendant’s charges or the length of his or her jail sentence. These are just tactics used to get a confession.

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Responding to Criminal Charges for Unlawful Use of a Weapon

 Posted on November 10, 2022 in Weapons Charges

Oakbrook Terrace Criminal Defense AttorneyWhile the Second Amendment to the U.S. Constitution gives us the right to bear arms, possession of firearms and other weapons is limited by state and federal laws. Violating these laws can lead to significant criminal penalties, including jail time. If you or a loved one were charged with a firearm or weapon-related offense, seek legal counsel immediately. You will want to start building a defense against the accusations as soon as possible.

Illinois Weapons Laws

Illinois state has strict rules regarding who may carry a firearm and where firearms are permitted. Anyone who wants to own a firearm or ammunition must get a Firearm Owner’s Identification Card (FOID). The Illinois Concealed Carry Act requires Illinois residents to obtain a permit to carry a gun in public. Certain weapons are prohibited entirely. You are not allowed to have machine guns, stun guns, throwing stars, explosives, or switchblades in Illinois.

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