Criminal

One of the most well-known aspects of the United States’ culture is how much emphasis is put on personal freedoms, especially when it comes to firearms. To the Founding Fathers, access to firearms was so important that they even included a provision for them in the Constitution. However, with the changes that have taken place in the world since the 1700s and now, gun ownership is not an absolute right in the United States and is actually left up to individual states to set rules and regulations. In Illinois, residents must qualify for, apply, and receive a firearm owner identification…
When you are arrested for DUI in Illinois, the Secretary of State automatically suspends your driver’s license on the 46th day after your arrest.  You may be able to overturn that suspension, particularly on a first offense.  Illinois law sets out four specific grounds upon which to fight: (1) Were you properly placed under arrest? (2) Did the arresting officer have probable cause to believe that you were driving while under the influence? (3) Did you refuse to take the breathalyzer or other chemical test? and (4) Did you fail the test if you took it? Your best chance at…
Knowing the rules of the road in Illinois is necessary to stay safe and avoid any unwanted fines. Speed limits in construction zones are one of the basic rules that most people are aware of, but how are they enforced? If you face fines, license suspensions, or even jail time for traffic violations, do not hesitate to get the guidance of a seasoned criminal defense attorney in Illinois. Developing a strong defense when presenting your case or contesting any charges that you feel are unwarranted is easily achieved when you have a lawyer you can trust on your side.…
Many laws throughout the country, both on the state and federal levels, were written hundreds of years ago when much of today’s technology did not exist. The United States in 2020 is a completely different world from the United States hundreds of years ago when things like the Internet and smartphones did not exist. Although these technologies have made our lives easier, they have also posed some interesting problems from a legal standpoint. One such problem is called “sexting” and is rather popular among the nation’s teenagers. According to a study published in JAMA Pediatrics, one in seven…
If you have ever seen any kind of crime drama movie or TV show, you have probably seen some sort of heated scene take place in a courtroom where the main character’s attorney fights for his or her client’s freedom by attempting to prove his or her innocence. In reality, more than 97 percent of criminal cases are resolved by plea bargains, according to the National Association of Criminal Defense Lawyers (NACDL). Plea bargains were created in response to a number of issues faced during criminal trials, such as the length of time it takes to go through a trial…
The answer is yes, if the search falls under the “automobile exception” to the warrant requirement. Because automobiles are mobile, a driver could easily take off with the evidence before police have time to get a warrant. Therefore, the automobile exception allows officers to search your car without a warrant if the officer has probable cause to believe your car contains evidence of criminal activity. The search may include any interior compartment of the vehicle that might reasonably contain a particular type of contraband. For example, an officer looking for open alcohol cannot search a coin box. If you have…
The answer is yes. Given the right circumstances, you can petition the governor to reduce a life sentence, and such petitions have been granted. The governor of Illinois has full power to commute any sentence or issue a pardon for any petitioner he or she deems is worthy. Current governor J.B. Pritzker has already commuted sentences of convicted felons in a number of cases, including some that were very serious. During the COVID-19 crisis, some requests have even been expedited. After filing a petition with the Prisoner Review Board, you will have an opportunity to present witnesses at a hearing,…
Driving under the influence of drugs or alcohol can seriously impact a person’s ability to safely operate a vehicle. Because of this, the potential ramifications of a DUI conviction are significant. If you have been charged with driving under the influence, it is important to act quickly. The most important step you can take when facing DUI charges is hiring an experienced legal professional that you can believe in. The Legal Consequences In the state of Illinois, a DUI conviction constitutes a Class A misdemeanor charge. If convicted, the guilty party may face up to one year in prison, as…
There are several new Illinois traffic laws that have taken effect recently, which all drivers should be aware of: Texting while Driving Resulting in Injuries This law became effective on July 1st, 2020 and provides that drivers who text while driving resulting in great bodily harm, permanent disability of disfigurement to another person are subject to a license suspension of 12 months and a minimum fine of $1,000.00. Continue Reading The post New Illinois Traffic Laws (Mid-Year 2020) appeared first on Chicago DUI Lawyer Blog.…
Although blood testing or breathalyzer tests in traffic stops are generally acceptable under Illinois law, a recent Illinois supreme court ruling suggests that this rule is subject to a bit more interpretation. As such, it is important to remember the need for experienced and aggressive legal defense from a skilled DUI attorney. Even in cases that face charges of any kind, there might be ways to tone down any fines or sentences depending on the circumstances. People v. Eubanks On December 21, 2009, Ralph Eubanks was allegedly driving a borrowed car and hit Maria Worthon and son Jeremiah. According to…
In the healthcare industry, there are many safeguards put in place to protect patients. When it comes to medication and pharmacies, it is no different. PBM pharmacy audits are conducted both for the sake of the pharmacy benefit manager (PMB) and for you, the pharmacy owner. A PBM audit can be a stressful experience for a pharmacy, especially a small, independent one, but many pharmacies cannot operate at desired capacity without also working with a PBM. If you have an upcoming PBM pharmacy audit, proper preparation is key to success. Documentation is Extremely Important For many pharmacies, but especially…
The appellant in People v. Allen, 2020 IL App (3d) 180317, appealed the decision of the trial court dismissing Allen’s petition for relief from judgment, arguing on appeal that the circuit court denied him his right to due process by granting the State’s motion to dismiss without notifying or giving Allen an opportunity to respond. The Third District ultimately vacated the circuit court’s order granting the State’s motion to dismiss and remanded for further proceedings. John Allen Jr. was convicted of two counts of aggravated battery and sentenced to two concurrent terms of 22 years imprisonment. Id. at ¶…
After having too much to drink, you were involved in an auto accident and taken to the emergency room.  The nurse was very friendly while taking a sample of your blood.  The hospital had your blood tested for alcohol which showed you were way over the legal limit. The police then got the results and charged you with DUI. Did the police violate your constitutional rights by getting those results without a warrant? The answer is no, as long as the nurse was not acting as an agent of the police. A blood test is a search within the Fourth…
No one wants to have a stain on their personal record, no matter how minor or serious the charge is. It is fairly common to have a minor offense on your record from earlier in life that was likely the result of a lapse in judgment. However, a bad choice you made in your 20s should not determine who you are now. All arrests and charges, even those that end with a finding of not guilty, are included in your criminal record. Illinois recognizes one’s ability to change and offers citizens a second chance by allowing them to clear their…
The United States has always had an interesting culture surrounding firearms, one that the majority of the rest of the world does not quite understand. The Second Amendment to the U.S. Constitution states that citizens are given the right to bear arms, but firearm ownership is very much a state issue. In Illinois, citizens can legally purchase and own a firearm once they have applied and been approved for a firearm owner identification (FOID) card. However, gun violence is still an issue across the country and in Illinois. This is why the state passed a so-called “red flag” law in…
People v. Lampert, 2019 IL App (5th) 180248 (May). Episode 640 (Duration 16:08) Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Gist Kentucky police handled an Illinois DUI. The Illinois – Kentucky Border In Illinois v. […] The post DUI On A Bridge Causes Huge Jurisdiction Problem first appeared on IllinoisCaseLaw.com.…