The answer is yes. But your cannabis card makes a difference as to what the state must prove.
As of January 1, 2020, you may legally consume certain amounts of cannabis if you are over age 21. If you have a medical cannabis card, you may only be prosecuted for a marijuana DUI if you drove impaired. Without the card, you may be prosecuted if you were over the legal limit: a delta-9-THC concentration of either 5 nanograms per milliliter of whole blood or 10 nanograms per milliliter of another bodily substance. This limit does not apply if you
Continue Reading CAN I BE CHARGED WITH DUI IF I HAVE A MEDICAL CANNABIS CARD?
A 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…
Continue Reading Should You Dispute Breath Test Results For an Illinois DUI?
Under the U.S. Constitution, law enforcement officers are generally not allowed to conduct an illegal search and seizure of any area where you have a reasonable expectation of privacy without a warrant. However, under the automobile exception, there are several ways for an officer to search your vehicle without a warrant. Here are a few common exceptions to the warrant requirement.
If an Illinois officer has probable cause to search your vehicle, they may do so without a warrant. If an officer has a reasonable belief that a person was involved in a drug crime, and a reasonable…
Continue Reading Do police officers need a warrant to search your vehicle for drugs?
Domestic violence charges are bad enough in their misdemeanor form. This particular offense carries a lot of stigma. Felony domestic violence is a far more serious charge. Not only will people convicted of this crime have to deal with being thought of as a “wife-beater,” they will also have to live the rest of their lives as felons. Domestic battery can be charged as a felony for several different reasons. Repeat offenses are one of the more common reasons people face felony charges for what would otherwise be considered simple domestic batteries. However, more serious forms of violence, such as…
Continue Reading Felony Domestic Violence in Illinois
Convicted Bank Robber Arrested for Valentine’s Day Robbery
Donald “Doc” Bennett, an 83-year-old convicted felon who served more than thirty years in prison for a string of robberies in the 1980s, was arrested by the F.B.I. in connection with a recent series of robberies in the Chicagoland area. Bennet was arrested, along with his alleged accomplice Edward Binert, after the two are accused of robbing a Chase bank in Hickory Hills, Illinois on Valentine’s Day and taking around $7,000 from the financial institution. Binert apparently admitted to the robbery after his arrest, stating that he had met the now-octogenarian while…
Continue Reading 83-Year-Old Arrested for Bank Robbery Spree
In Illinois, retail theft can be charged as a felony under certain circumstances. Illinois states retail theft as the act of taking possession of, carrying away, or transferring any merchandise displayed for sale in a retail establishment with the intention of not paying for the item. If you are facing charges related to retail theft, discuss your case with a lawyer to ensure you can obtain a robust defense to fight the charges you are facing adequately.
When Does Retail Theft Become a Felony?
Several factors can elevate a retail theft offense to a felony charge:
Continue Reading When is Retail Theft a Felony in Illinois?
Forgery charges can be complex to deal with, and using the wrong defense strategy in court can result in serious legal consequences that follow you for a lifetime. It is important to understand the basics of Illinois forgery laws and the penalties that forgery charges may carry. A skilled Illinois forgery defense attorney can guide you through your options if you find yourself facing charges for forgery.
Understanding Illinois Forgery Laws
In Illinois, there are a few different things that may result in a forgery charge. The crime of forgery is covered in this Illinois law, and someone may…
Continue Reading What Are Forgery Charges in Illinois?
Dr. Martin Luther King, Jr. once said that “violence only begets more violence. It is a never-ending cycle.” While true, some people do take the life of another person for countless reasons.
While killing another person is considered the most atrocious offense one person could commit, the law does not see all killings the same. The law classifies homicides based on the offender’s state of mind during the commission of the act. Illinois law is no different.
If you are facing homicide charges, you need a Chicago criminal defense lawyer to defend these heinous charges levied against you.
Continue Reading Can Murder Charges Be Reduced to Manslaughter?
Any sex crime is a serious matter. All sex crimes in Illinois are felonies, except for criminal sexual abuse, which can only be committed by a juvenile. If you are convicted of a sexually oriented offense, you can expect to serve time in prison. Courts are notoriously harsh when it comes to sex offenders. These crimes are routinely treated as some of the most serious offenses a person can commit, just behind murder. Sexual assault – commonly known as rape – and assaultive sexual offenses against minors are the most likely to lead to long prison terms and lifelong…
Continue Reading Most Serious Sex Crimes in Illinois
DUI charges are difficult to navigate, and receiving a DUI conviction comes with a range of penalties, depending on the severity of your infraction. A strong DUI defense and awareness of your legal options after receiving a DUI arrest are essential to navigating this charge. DUI charges never leave your criminal record, which is why it is important to be aware of the impacts such a conviction may have. An Illinois DUI defense attorney is just the person to help you understand your next steps.
What Are the Penalties of a DUI?
A first DUI charge in Illinois is typically…
Continue Reading How Long Will a DUI Charge Be on My Record?
In Illinois, like in many other states across the country, underage drinking carries significant legal consequences. The state has strict laws and penalties in place to deter minors from consuming alcohol and to hold them accountable for their actions. Understanding these consequences is crucial for both minors and their parents or guardians. If your teen has been charged with underage drinking, it is crucial to contact an Illinois defense lawyer as soon as possible.
Illinois Underage Drinking Law
The legal drinking age in Illinois, as in all states in the U.S., is 21. Anyone under this age who is…
Continue Reading Consequences in Illinois for Underage Drinking
Proposed Rule to Curb Money Laundering Through Real Estate
As we have previously discussed, the United States Treasury Department has recently implemented or proposed new rules to crack down on money laundering through corporate ownership interest and is now seeking to provide more information to law enforcement through the implementation of new rules related to real estate transactions. The proposed rule would require businesses engaged in real estate transactions and transfers to flag and report any entirely cash residential purchases made to an entity or trust. Experts point out that there is currently no rule that requires reporting to…
Continue Reading New Rule Proposed by the Government to Further Monitor Possible Money Laundering
A DUI conviction can derail life as you know it. It can lead to jail or prison time, hefty fines, license suspension or revocation, loss of employment, and damage to your reputation and career. Thinking about all of that can be stressful, for sure, but you shouldn’t let your fear of the possibilities paralyze you into inaction. Instead, use it as motivation to build the strongest, most aggressive criminal defense you can manage.
But what are your options when it comes to building a DUI defense? Fortunately, you might have several ways to attack the prosecution’s case. Let’s look at…
Continue Reading Four powerful ways to defend against DUI charges
A criminal record can be problematic for many reasons, especially when it comes to applying for jobs, housing, or other opportunities. In some cases, you may be eligible for record expungement, but there are specific rules surrounding criminal record expungement. An experienced Illinois record expungement lawyer can help you understand your options.
Understanding Illinois Expungement Laws
Expungement is the process of removing certain criminal offenses from your record, and Illinois only allows expungement in certain situations. In the majority of cases, individuals who do not have any prior criminal offenses and have not received a conviction for domestic violence,…
Continue Reading Who Qualifies for Record Expungement in Illinois?
Unfortunately, there are cases where a term of incarceration is unavoidable. If you are facing a serious felony charge – especially a violent felony, a sex offense, or a high-level narcotics charge – you may not have any alternative to prison time. In those cases, your attorney’s role is to minimize the amount of time you would serve by presenting mitigating factors. However, in misdemeanor or even some felony cases, there are some alternatives to jail time courts may use at their discretion. If you are facing a more minor charge, like drug possession or simple assault, you may be…
Continue Reading Options for Avoiding Jail Time
No one wants to get pulled over for DUI, especially if you did have one or two drinks before you got behind the wheel. Even though you might be convinced you are not over the legal alcohol limit to drive, the entire experience can make you so nervous that you appear drunk.
Police officers must have reasonable suspicion to pull you over. This means you must have already acted in a manner that gives them reason to believe you are driving drunk.
Many people do not know their rights at DUI stops
You may assume that once you are pulled…
Continue Reading You do not have to take field sobriety tests