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Recent Blog Posts
What Are the Consequences for Violating a Protective Order in Illinois?
If you are accused of domestic violence, you may also be the subject of a protective order. Courts issue protective orders to preserve the safety and well-being of domestic violence victims. They may be imposed if the offender allegedly abused, harassed, or intimated the victim. An order is also warranted if the personal liberty of the victim was allegedly violated, or they were willfully deprived of basic necessities so as to put them at risk of physical, mental or emotional harm.
Protective orders are issued when an alleged victim is threatened or harmed by a former or current household or family member, including:
- People related to the offender by blood
- Those who reside in the same home as the offender
- People who have a child with the offender
- A person who is married to or dating the offender
- People with a disability or other high-risk adults at risk of abuse.
Responding to False Allegations of Domestic Assault
There is no doubt that domestic violence is a real concern in the Chicago area. On average, more than 500 people call domestic violence hotlines every day in the Chicago area.
The state of Illinois takes domestic battery and family violence very seriously. Individuals convicted of domestic violence offenses often face lengthy prison sentences and other serious consequences. Sadly, some people use Illinois’s strict policies to “punish” or get revenge on others by reporting false accusations of domestic violence.
If you or a loved one were accused of domestic violence by a current or former romantic partner, household member, or family member, contact a criminal defense lawyer right away for personalized legal guidance.
Comply With Any Protection Orders
Many people are surprised to learn that a supposed domestic violence victim can get an order of protection even if they do not have evidence of the alleged abuse. To protect legitimate victims, Illinois courts issue Emergency Orders of Protection based on the petitioner’s testimony alone.
Will I Have to Get a Breath Interlock Ignition Device for a DUI in Illinois?
Breath interlock ignition devices connect to a car, truck, van, or other vehicle and control the vehicle’s ignition switch. In order for the ignition to engage and the vehicle to start normally, the driver must submit a breath sample into the mouthpiece of the device by blowing into it. The device analyzes the driver’s breath for alcohol. If the device registers any more than a negligible amount of alcohol on the driver’s breath, the car will not start. If the breath sample contains no alcohol, the car starts normally. Read on to learn about how Breath Alcohol Interlock Ignition Devices (BAIIDs) are used in Illinois and whether you will be requested to get a BAIID installed on your car after an arrest for driving under the influence of alcohol.
When Is a BAIID Required in Illinois?
If you are arrested for driving under the influence of alcohol (DUI) in Illinois, and you fail a breath test such as a Breathalyzer, your driver’s license is automatically suspended for six months. If you refuse to take the Breathalyzer, your license is suspended for a year. Once your license is suspended, it becomes unlawful for you to drive any vehicle for any reason. At this point, you have two options: You can refrain from driving until the suspension period is over or you can ask for driving relief through a Monitoring Device Driving Permit (MDDP).
Illinois Law Regarding Self Defense and Assault Charges
Unfortunately, a surprising number of people find themselves the victims of assault, battery, and other violent offenses every year in Illinois. Even more shocking, many of these people end up being the person who is charged with a violent criminal offense. If you were charged with a violent offense after defending yourself in a robbery, fight, or attack, you may be bewildered and unsure of what to do. The first step is to assert your right to remain silent and contact a lawyer for help. You could be facing life-altering consequences, including considerable jail time.
Can I Face Charges if I Acted in Self Defense?
When police are called to the scene of a physical altercation, they do not know the events that preceded their arrival. In many cases, it is nearly impossible to tell how a fight started or who is the true culprit. This can lead to victims being treated like criminals. You may have been arrested and charged for assault, battery, or even homicide even though you were only acting in self-defense. Do not take these charges lightly. Speak to a lawyer as soon as possible.
How to Avoid DUI Charges on Holiday Weekends
According to national statistics from the Insurance Institute for Highway Safety, July 4 is one of the most dangerous days of the year for fatal car accidents involving alcohol. Drinking is a part of many Fourth of July celebrations, and understandably, law enforcement officers in Illinois and throughout the U.S. are always on high alert for drivers who show signs of impairment. A DUI arrest could easily ruin your holiday weekend, especially if you are in an accident resulting in injury or death. You should be careful to avoid putting yourself in a situation in which you could face serious criminal charges.
Refrain From Drunk Driving
Fourth of July, Labor Day, Thanksgiving, Christmas, and New Year's are all holidays where family and friends enjoy getting together and celebrating. The best way to avoid DUI charges is to avoid driving altogether if your abilities may be impaired by alcohol. Here are some suggestions that can help keep you and others safe on holidays:
Can I Be Charged with Homicide Due to an Illinois Car Accident?
Fatal car accidents are a sad reality in Illinois, with around 1,000 people losing their lives each year. These crashes are an undeniable tragedy for the victims and their families, and they can also be incredibly difficult for the other drivers involved, who are left to cope with the mental impact and the legal consequences they may face in civil and criminal court. If you have been involved in a fatal car crash, you could face homicide and other felony charges, and it is important to work with an attorney who can help you protect your rights.
Understanding Reckless Homicide Charges in Illinois
It is important to note that not all fatal accidents will result in criminal charges against one of the drivers involved. However, if there is evidence that a driver was acting recklessly at the time of the crash, they may be charged with the criminal offense of reckless homicide. The standards for determining recklessness are similar to those for a regular reckless driving charge.
Defending Against Burglary Charges in Illinois
Burglary is commonly thought of as being synonymous with theft, but its legal definition is significantly more complicated. If you have been charged with a form of burglary in Illinois, it is crucial that you understand what you have been accused of and the severity of the possible penalties you may face. An experienced attorney can not only ensure that you are well-informed but can also provide you with the defense you need to protect your rights.
What Is Burglary?
According to Illinois law, burglary at its most basic is defined as unlawfully entering or staying in someone else’s property with the intention of committing a crime of theft or any felony offense. Burglary can happen in buildings and various types of vehicles, including cars, trucks, boats, aircraft, and railroad cars.
- Burglary charges can significantly range in severity depending on factors including the location, the presence of other people, and the damage done. For example:
What Are the Laws on Concealed Carry of Firearms in Illinois?
Even though the right to own firearms is written into our country’s constitution, gun ownership has been a highly contested issue in the United States for years. Illinois was the last state in the country to legalize the concealed carry of firearms in 2013, finally allowing its citizens to keep a firearm on their person without it being in plain sight. To legally practice this right, however, you must follow certain rules and procedures, or you could face criminal charges.
Gun Ownership Laws
In the state of Illinois, you are permitted to own firearms, but only after you have received your firearm owner’s identification (FOID) card. The requirements for getting a FOID card include being at least 21 years old, not being a convicted felon, and not being addicted to narcotics, among other requirements.
If you wish to carry a firearm on your person and keep it out of plain view, you must have a concealed carry license (CCL). Requirements to receive a CCL are similar to those for a FOID card, but there are additional requirements that must be met. The requirements for receiving a CCL include:
Defense Strategies for Criminal Charges Related to Possession of Heroin or Cocaine
In Illinois, the criminal consequences for possession of illicit substances vary significantly by the type and quantity of the drug. Possession of cocaine or heroin are felony offenses punishable by several years to several decades in prison. The greater the quantity of the substances allegedly in your possession, the harsher the penalties. Second or subsequent offenses and cases involving certain aggravating factors such as possession near a school are penalized more heavily. Criminal charges for possession of an illicit substance have the potential to dramatically impact your life. If you have been arrested for possession of heroin or cocaine, it is crucial to assert your rights and build a strong defense against the drug possession charges.
Drugs Were Discovered During an Illegal Search and Seizure
Many drug-related arrests are the result of law enforcement officers searching an individual’s personal property. The Fourth Amendment to the U.S. Constitution protects citizens’ privacy and prohibits “unreasonable” search and seizure of property. Typically, to search a person or his or her property, a police officer must have:
Has COVID-19 Led to an Increase in Reports of Domestic Abuse?
February is National Teen Dating Violence Awareness Month, which brings to light domestic abuse issues. This past year has been difficult for many people due to the health and economic crisis caused by COVID-19. Unfortunately, this hardship has led to more reports of domestic violence in U.S. households. Spouses or romantic partners who have lost relatives to the virus or who are facing financial crisis due to a job loss may take out their anger and frustrations on each other. Arguments are normal within relationships, but when disputes turn to physical altercations, criminal charges can be filed. In some cases, however, a person may be falsely accused of abuse by a family or household member. If you are facing charges of domestic violence in Illinois, you need a skilled criminal defense attorney to help you avoid a conviction.
Accusations of Violence
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