Many people think that the responsible choice when they are too impaired to drive is to pull over and “sleep it off.” Unfortunately, in some instances, that decision can result in DUI charges. The law does not just punish people for driving drunk; it also targets those who are considered to be in “actual physical control” of the vehicle while under the influence.
If you are sound asleep in the driver’s seat but your car keys are in the ignition or nearby, the police can interpret this as intent to drive. You must understand your rights in the event
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The Criminal Side of Road Rage: Can Bad Driving Be a Felony?
Most drivers have experienced frustration behind the wheel, but when that frustration turns into deliberately aggressive behavior, the legal consequences can be serious. In the state of Illinois, road rage is more than just dangerous; it can also result in criminal charges.
What begins as an angry honk or a rude gesture can quickly escalate into reckless driving, assault, or even felony charges. If you are facing road rage-related charges, you must take these charges seriously. An experienced Naperville, Illinois criminal defense lawyer can explain your options and the penalties you could face while building an aggressive defense on…
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What Counts as a "Material Breach" in a Residential Lease?
In the state of Illinois, landlords are prohibited from evicting a tenant for relatively simple lease violations. To pursue eviction, the tenant must have committed a material breach of the lease. A material breach means the violation was serious and it undermined the core tenets of the rental agreement. But what qualifies as a material breach?
Landlords who have a good understanding of the distinction between a material breach and a simple lease violation can better protect their rights, avoid court delays, and ensure any eviction decision is legally sound. Landlords can stay compliant with the law while remaining…
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Will You Be Forced to Install a BAIID for a First-Time DUI?
Being charged with DUI in Illinois can be overwhelming. In addition to potential criminal penalties, like jail time and steep fines, there are other penalties that can have devastating consequences on your day-to-day life. Having your driver’s license suspended is one of these.
We are a mobile society, and you, like most of us, likely depend heavily on your ability to drive. We drive to work, to school, to take our children to and from school and extracurricular activities, and to run necessary errands. Being required to have a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle…
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How Severe Are Penalties for Intent to Distribute Cocaine in Illinois?
State police in Illinois made a near-record cocaine bust during a McLean County traffic stop in April. The suspect was arrested on eastbound I-74 near LeRoy. The charges included controlled substance trafficking and possession and the manufacture/delivery of a controlled substance. The police seized 234 pounds of cocaine with a street value of more than $10 million.
Offenses related to the production and sale of cocaine are punished harshly in Illinois, but in some cases, law enforcement may push the limits of the Constitution when investigating and arresting those suspected of cocaine offenses. Technology continues to provide increasingly invasive means…
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How the Expansion of Crime-Free Housing Laws Affects Landlords
Recently, a Senate committee advanced a measure that aims to limit the circumstances under which tenants can face eviction because of ordinances that fall under “crime-free housing.” Across the state of Illinois, one hundred cities have crime-free housing laws that allow landlords to evict a family for a minor offense, even if the offense did not occur on the property.
Thanks to these ordinances, as many as one in four Illinois residents live in rental homes that require them to sign a lease with a caveat. The lease states that if anyone who lives in the rental is accused of…
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What Happens in an Out-of-State Illinois DUI Arrest?
Traveling to another state can be exciting and interesting as you see new things and perhaps meet new people. Getting arrested for DUI in another state can spoil your vacation or business trip and is just about as messy a situation as you might imagine. If you were arrested in Illinois and charged with DUI, you are likely wondering whether you will have to come back to the state for a trial, what the penalties will be, and whether it will show up on your record in your home state.
Regardless of whether you are a resident of Illinois, the…
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Advice for Landlords Regarding Tenant Evictions in 2025
The most common reason that landlords in DuPage and Cook Counties go to eviction court is because of non-paying tenants. When a tenant falls behind on his or her rent and has no way of catching up, the balance of back rent can become significant. Unfortunately, the longer a landlord waits, the harder it may become to legally evict tenants. The average landlord waits until a tenant is at least three months behind and owes approximately $5,000 in back rent.
Since the timeline for a court hearing can be six months or more, a landlord can conceivably end up with…
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How Serious Are Charges of Reckless Driving in Illinois?
In 2022, it was determined that at least 5 percent of all traffic accidents were directly caused by reckless driving. You may be under the impression that reckless driving charges are not all that serious. After all, it is simply a traffic offense, right? In fact, reckless driving is much more than a traffic violation; it is a criminal offense that can be charged as a misdemeanor or felony, depending on the circumstances. If you are facing charges of reckless driving, it is important that you speak to a knowledgeable Naperville, IL reckless driving lawyer.
What Is Reckless Driving?
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Charged With Possession with Intent to Deliver Near a School?
The state of Illinois has strict laws to curb drug-related activities. The penalties for these offenses are more severe when they occur near a school. The Illinois Controlled Substances Act addresses this issue as it pertains to protecting children in educational environments. Those who are convicted of possession with intent to deliver or distribute near a school will face enhanced penalties.
In simple terms, “intent to distribute” means a person intended to sell a controlled substance. Intent to distribute is usually differentiated from possession by the amount of illegal drugs a person is in possession of. If the amount is…
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Are Tenant Modifications Allowed Under Illinois Rental Laws?
Most people who rent a home or apartment do their best to make their living space reflect who they are by personalizing it through painting and/or other forms of interior decorating. But before a tenant decides to dive headlong into rental property modifications, it should be stressed that in Illinois, any modification to a rental property requires the consent of the landlord.
This consent is not simply a suggestion; rather, it is an essential component of tenant rights in Illinois. An alteration can be as significant as installing new fixtures or as minor as painting or wallpapering the entry…
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Illinois Criminal Charges and Civil Asset Forfeiture
Every year, Illinois law enforcement agencies take cash, vehicles, land, and other assets worth tens of millions of dollars from residents through civil asset forfeiture. Civil asset forfeiture allows the police to take property they believe was used in the commission of a crime. In the past, these items have sometimes been taken through civil asset forfeiture without bringing criminal charges – let alone convictions.
Since 2005, the state of Illinois has put more than $319 million dollars in the state coffers that came from the asset forfeitures of private citizens. If you are charged with a criminal offense…
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Increase in Illinois Hate Crime Triggers Police Education Bill
The state of Illinois has witnessed a significant increase in hate crimes over the past couple of years, which a new Illinois bill attempts to address. While there are currently several laws on the books that address hate crimes, the Illinois Commission on Discrimination and Hate Crimes has concluded that police officers often fail to recognize hate crimes as an element of another criminal offense.
Across the nation, hate crimes have also increased, with the FBI showing 5,479 incidences of hate crimes in 2014 and 11,862 by 2023. In Illinois, there were 109 hate crimes in 2014, but by…
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Landlord’s Rights and Responsibilities Regarding Squatters
Since housing has become so expensive and there are more and more homeless people across the United States, more landlords find themselves having to deal with the laws pertaining to adverse possession when attempting landlord eviction. Those who take advantage of adverse possession are often called “squatters.” Unfortunately, it can be challenging to remove squatters from a property who may even try to meet the legal requirements to claim the property as their own.
Adverse possession laws vary considerably from state to state on both ends of the spectrum. For example, while California and Montana have the…
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The Differences Between State and Federal Drug Charges
Illinois is one of only 18 states that makes possession of drugs (except marijuana or ten grams or less of other drugs) a felony in most cases. This results in even relatively small amounts of drugs, resulting in serious involvement with the legal system. Despite the fact that the Illinois Controlled Substances Act states that it is not the intent to treat the unlawful user or occasional petty distributor with the same severity as large-scale drug traffickers, in practice, this is exactly what happens.
Even though Illinois drug crime laws are harsh, in many cases, federal drug laws and punishments…
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Does An Extra High BAC in Illinois Increase Penalties for DUI?
A Chicago man accused in a fatal DUI in early December had a blood alcohol content of 0.347 when he was arrested. The man was charged with one felony count of aggravated DUI causing death. In this case, because a person died as a result of another’s impaired driving, the charges escalated.
If nobody is hurt, does an extremely high BAC increase the penalties for an Illinois DUI conviction? Whether you have been charged with a first DUI, a second, third, or subsequent DUI, or there are additional factors that can potentially increase your sentence, it is extremely important that…
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