Criminal

Everyone should be aware of their rights – whether they are currently involved in the criminal justice system or not. The United States Constitution and state-level legislation protect our right to avoid self-incrimination, be free from unreasonable searches of our property, and much more.
If you or a loved one were arrested for a criminal offense, it is even more crucial that you fully understand the rights and responsibilities of criminal defendants. Part of this understanding requires myths and rumors about the police to be debunked.

Myth: The Police Must Identify Themselves as Law Enforcement Officers
Television shows and
Continue Reading Top Myths About Police and the Criminal Justice System in Illinois

If you have been arrested for driving under the influence (DUI) in Illinois, you are facing serious consequences, including to your driving privileges. While even a first-time DUI conviction will result in your license being suspended for at least one year, it is possible to regain limited legal access to drive. It is essential to work with an attorney who has experience needed to help you navigate the legal process. 
Illinois Consequences for a First-Time DUI
If it is the first time that you have been arrested and convicted of DUI, you may be able to regain driving privileges while
Continue Reading Will I Need an Ignition Interlock Device After a DUI?

Being arrested and put in the back of a police car can be an overwhelming and confusing experience. Many people in this situation are unsure of what to expect after an arrest. They are unfamiliar with the bond hearing process or what it means to be formally “charged” with a crime. Likewise, many people charged with a crime do not understand the long-term consequences of the charge.  If the charges are eventually dismissed or they are found “not guilty”, they assume that there is no record of the charges.
Unfortunately, being arrested or charged with a crime can still be
Continue Reading Do I Have a Criminal Record if I Was Arrested and Charged but Not Convicted?

The answer is not necessarily.  Although blood testing for marijuana is available, it is unlikely your blood would be tested if you did not end up in the hospital due to an accident.

However, there are other ways that the state can seek to prove you were under the influence of cannabis.  Police have specialized field sobriety tests for marijuana that are separate from the field tests for alcohol.  For example, the Romberg test examines if you can maintain your balance with your eyes closed.  Another example is the horizontal gaze nystagmus test which tests whether your eyes bounce up
Continue Reading DO POLICE NEED A BLOOD TEST TO PROVE I DROVE UNDER THE INFLUENCE OF MARIJUANA IN ILLINOIS?

It takes years of education, training, and dedication to become a successful psychologist in Illinois. Not only is there grinding coursework to get your degree, but there are also stringent requirements to obtain your license to practice in the state. Unfortunately, all it takes is one accusation of wrongdoing and a dedicated psychologist can find his or her career in jeopardy.
All licensure issues are handled by the Illinois Clinical Psychologists Licensing and Disciplinary Board, which falls under the Illinois Department of Financial and Professional Regulation (IDFPR). If you have been contacted by the board that you are under
Continue Reading Allegations That Can Place Your Psychology License at Risk

In Illinois, felony murder is a type of first degree murder. You commit felony murder when you, by yourself or with another, commit or try to commit a forcible felony (such as armed robbery but not second degree murder) and in the course of your crime or attempted escape, you or your accomplice cause a death. See 720 ILCS 5/9-1(a)(3). Felony murder does not require an intent to kill. If there is an intent to kill, you could be charged with another type of murder. Felony murder merely requires a death in the course of committing a forcible felony.
Continue Reading WHAT IS FELONY MURDER IN ILLINOIS?

In Illinois, drunk driving is penalized by both administrative and criminal consequences. If you were convicted of driving under the influence (DUI), you may face fees and jail time. Your driver’s license may also be revoked. Once your license is revoked, it is illegal to drive. Driving with a revoked license can lead to further criminal penalties. Fortunately, you may be able eligible for a Restricted Driving Permit.
A Restricted Driving Permit May Get You Back on the Road Legally
Losing the ability to drive can be a major burden. Most people drive multiple times a day to go
Continue Reading Five Facts About Restricted Driving Permits in Illinois

In criminal or traffic law, the outcome of your case often comes down to how your particular judge sees all the facts in your particular situation.  One example of this can be found in People v. Hall, which involved obstructing a peace officer.
In that case, an officer had received notice of a possible domestic disturbance or kidnapping.  The officer stopped defendant and asked for his identification, which the defendant refused. Officers then questioned a woman in defendant’s car. Defendant swore at police, yelling for them to get away from his car.
To convict under 720 ILCS 5/31-1(a),
Continue Reading OBSTRUCTING A PEACE OFFICER IN ILLINOIS

Did you know that the human brain does not finish developing until a person is in their mid to late 20s? The prefrontal cortex, the area of the brain that regulates impulse control and problem-solving, is one of the last parts of the brain to reach full development. It is no surprise that teenagers and young people sometimes make rash, irresponsible decisions.
If your child was charged with theft, possession of a fake ID, assault, drunk driving, or another criminal offense, do not lose hope. The state of Illinois recognizes that many juvenile offenders are good people who made
Continue Reading Diversion Programs May Help Your Child Turn Their Life Around After a Criminal Offense

Everyone knows that drunk driving is against the law. What many people do not realize, is that you may face administrative consequences for a drunk driving arrest even if you are not convicted of driving under the influence (DUI).
In Illinois, failing a chemical blood alcohol content (BAC) test such as a breathalyzer or refusing to take a BAC test is punishable by a driver’s license suspension. Once your license is suspended, it is illegal to drive any motor vehicle. Fortunately, you may be able to regain your driving privileges by obtaining a Monitoring Device Driving Permit.
An MDDP
Continue Reading How Can a Monitoring Device Driving Permit Benefit Me After a DUI?

Graduation parties and other events at the end of the school year can be a popular time for underage drinking. Many minors and even parents are unaware of the severe consequences Illinois teens face if they are caught underage drinking or possessing alcohol. Penalties for underage driving under the influence (DUI) can be even harsher. Even passengers in a car can be charged for illegal transportation and have their license suspended for one year. At The Law Office of Brian J. Mirandola, we can represent your child if they have been accused of underage drinking and are committed to
Continue Reading What if My Teen is Caught in a Car with Alcohol in Illinois?

In every state in the country, there are certain professionals who are required to hold a professional license that is issued through the state. In this state, the Illinois Department of Financial and Professional Regulation (IDFPR) is the state agency that has regulation over all the different professional boards that issue these licenses and are in charge of oversight. Some of these boards include the Illinois Medical Board, Illinois Board of Nursing, Illinois Board of Pharmacy, the Illinois Dental Board, and Illinois Board of Clinical Psychologists/Social Workers.
When there is an issue with a professional license holder, the board that
Continue Reading Issues That Can Result in Suspension of Your Illinois Professional License

In Illinois, an individual is considered to be intoxicated by alcohol if he or she has a blood alcohol content (BAC) of 0.08 percent or greater. Breath tests like breathalyzers are just one way of measuring the amount of alcohol in a person’s system. Blood tests, or tests that directly test the amount of alcohol in someone’s blood, are also used in drunk driving cases. Blood tests are often considered more reliable than breath tests. However, many different issues can cause a blood test to be inaccurate.
If you or a loved one were charged with driving under the influence
Continue Reading Are Blood Alcohol Tests Always Accurate?

Everyone has heard the classic line that “your home is your castle.” This means that your residence is considered sacred, and deserves protection from unwanted intrusion by others. One way Illinois recognizes this right is through its laws against burglary and criminal trespass to a residence. These are both types of unwanted home intrusion. But how are they different?
What is Criminal Trespass to a Residence?
In Illinois law, if you knowingly enter someone else’s home, or stay there without their permission, that is considered “criminal trespass.” The key to charging and proving this criminal offense is intent. For the
Continue Reading How is Burglary Different from Trespassing in Cook County?

Warmer weather is right around the corner, but so is construction season in Illinois. If you are caught speeding or stopped for other traffic violations in a construction zone, you face much stricter penalties than for violations outside of a work zone. Even for a first violation, drivers face higher fines, the temporary loss of their license, and more points added to their driving record, resulting in higher insurance rates. Slow down and drive safely in a construction zone, or you could face serious penalties.
Speeding Violations in Construction Zones
A driver will be assessed a minimum fine of
Continue Reading Slow Down in Illinois Construction Zones to Avoid Higher Penalties

Whether the charges are for drug possession, drug manufacturing, or drug distribution, being accused of a drug crime can dramatically alter your life. Depending on the type of substance and the amount of the substances allegedly in your possession, drug crimes can lead to profound consequences, including years behind bars.
If you or a loved one were arrested for a drug-related offense, contact a skilled criminal defense lawyer right away. Do not answer any questions from police and remain silent. Your lawyer will ensure your rights are not violated and help you form a strong defense strategy.
Drugs Were
Continue Reading 3 Defense Strategies for Individuals Accused of Drug Crimes in Illinois