Brian J. Mirandola

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When a person is charged with a crime, there are certain legal steps in the Illinois criminal justice system they must go through. One of those steps is a trial. The trial will determine whether the person is guilty of the charges they are accused of committing.
Most trials are jury trials. This is our right under the Sixth Amendment, which says that an accused has a right to an impartial jury. Typically, the jury is made up of 12 members. In order for there to be a verdict, the jury must vote unanimously either way, guilty or not
Continue Reading What Causes a Mistrial in an Illinois Criminal Case?

Halloween is just a few weeks away. The COVID-19 pandemic put a damper on many events last year, but this year many people will be gathering at costume parties and masquerade balls to celebrate with tricks and treats. One trick that revelers may find themselves facing, however, is being stopped or arrested for DUI. What can you do to avoid this “scary” situation and what steps should you take if you are stopped?
Halloween and Alcohol
Many adult Halloween events involve alcohol. Unfortunately, many people do drive after they have been drinking. It is estimated that almost 45 percent
Continue Reading DUI Arrests and Halloween

The Illinois Secretary of State Jesse White issued an announcement this week reminding drivers in the Land of Lincoln that you can replace your damaged license plates for no cost. 
White explained his office launched the defective plate replacement program to ensure older license plates with greatly diminished reflectivity are replaced. “When license plates are unreadable, It poses a safety concern for the vehicle owner, other drivers, and law enforcement,” he said. 
With nearly 9 million registered passenger vehicles in Illinois, replacement plates will be offered to registrants with older plates first. This year, the Secretary of State is replacing
Continue Reading Secretary Of State Reminds Motorists To Replace Defective Plates

Illinois Gov. JB Pritzker signed legislation last month expanding Scott’s Law, a traffic law that requires drivers to move over and slow down when approaching an emergency vehicle stopped on the road. The governor said the three bills he approved will provide first-responders with “the protection and resources they need to make their work safer.”
Scott’s Law
Illinois lawmakers wrote Scott’s Law, also known as the “move over” law, in 2001 after Chicago firefighter Scott Gillen was hit by a car while responding to an accident and later died of his injuries. The driver failed to slow down or drive
Continue Reading Driver’s Can Face Community Service For Scott’s Law Violations

 Illinois Gov. J.B. Pritzker signed a package of bills into law last month that expanded the rights of domestic violence survivors. Lawmakers say the measures were designed to strengthen domestic violence laws in the state as well as improve financial and emotional support for survivors. The governor said the package makes Illinois “safer and more compassionate” as it “unlocks opportunity” for survivors. 
Seven Bills Addressing Domestic Violence in Illinois
The first bill, House Bill 3582, expands the Illinois Victims’ Economic Security and Safety Act, or VESSA. The law was originally designed to provide financial help and safety for violent crime
Continue Reading Illinois Expands Domestic Violence Survivors Rights

Sexual assault allegations can have a detrimental impact on personal and professional relationships, even when they are false. Individuals who face this type of accusation should act quickly to protect their rights and their future. If you or a loved one are facing accusations of sexual assault or other sex crimes, it is important that you work with a criminal defense attorney who can dispute the charges and possibly get them reduced or dismissed. 
What Constitutes a Sexual Assault Charge?
Sexual assault occurs when one individual commits a penetrative sexual act against another person without that person’s consent or capacity
Continue Reading What You Should Know if You Are Charged With Sexual Assault in Illinois

When an individual steals or damages another person’s property, they have committed a property crime. Property crime is a large umbrella encompassing offenses such as theft, arson, burglary, and vandalism. Property crimes can be very serious, especially when violence is involved. If you are facing property crime charges, it may be in your best interest to work with a criminal defense attorney who is familiar with these cases and will be well equipped to handle the impending criminal charges. 
Types of Property Crime
Property crimes include offenses that involve interference with another party’s property. Many property crimes are accompanied by
Continue Reading Understanding Illinois Property Crimes

Juvenile arrest and court records are automatically sealed and cannot be viewed by the general public. Employers can still access juvenile records. If a juvenile record is expunged, the record is erased. There are endless reasons why an individual may want to expunge their juvenile records. For many, having a juvenile record makes getting a job or being accepted to college very difficult. Because of the stigma associated with juvenile records, it may be in your best interest to work with a criminal defense attorney who can help you petition for expungement
What Records are Eligible for Expungement?
Continue Reading How Can You Expunge Your Juvenile Records in Illinois?

The distinctions between misdemeanors and felonies in regard to traffic crimes can be very vague and confusing. While misdemeanors are generally much less serious crimes than felonies, several variables play a role in determining the severity of the crime and the appropriate punishments. Traffic citations are very common, but drivers should keep in mind that one error can lead to very harsh consequences. Drivers who are facing charges for a traffic crime, whether it is a misdemeanor or felony, should understand what penalties they could face and what rights they should be taking advantage of. 
Classifying a Traffic Offense
Continue Reading Criminal Traffic Offenses: Misdemeanor or Felony?

Search warrants allow police officers to safely search your person and property in order to gather criminal evidence. At the same time, the Fourth Amendment of the U.S. Constitution protects the American people from unreasonable searches. When police searches are done without reasonable cause, any discovered evidence discovered may be thrown out at trial. Defendants facing criminal charges after an officer found criminal evidence in a search should be aware of what constitutes a legal search and what steps to take if their search and seizure were illegal. 
What Circumstances Allow for a Search and Seizure?
If the officer has
Continue Reading What is an Illegal Search and Seizure? 

Interactions with police and other authority figures can make for very tense situations. It is imperative to be mindful of your actions and how those actions may be perceived during these exchanges. Most people know to comply with an arresting officer, even if that means being placed in handcuffs. However, the faintest of actions may be perceived as defiance, landing an additional charge of resisting arrest. Because this misdemeanor can lead to such harsh penalties, it is critical to understand both what is expected of you as well as your constitutional rights during and after this confrontation. 
Resisting Arrest Explained
Continue Reading What Constitutes Resisting Arrest in Illinois?

The most widely known right to all United States citizens is the right to be considered innocent until proven guilty. While this right alone plays a vital role in our justice system, it’s critical to recognize the importance of the other rights held by any and all criminal defendants. If you have been charged with a crime, a Kane County criminal defense attorney can help you protect your rights and represent your best interests in the case. 
What Are My Rights as a Defendant in a Criminal Case?
In the United States, individuals accused of a crime have certain rights.
Continue Reading Rights of Criminal Defendants in Illinois

With the legality of marijuana expanding across the 50 states and prescription medication becoming ever more common, the laws surrounding drugged driving continue to adapt. Because of these adaptive and varied cases, it is important to understand the available options when faced with driving under the influence (DUI) charges. While DUI laws may initially seem confusing, a Kane County defense attorney can help you move forward. 
The Illinois vehicle code statute includes seven ways in which someone may be found guilty of driving under the influence. It is against the law to drive while impaired driving due to by drug
Continue Reading What You Should Know About Drugged Driving

With prices going up and wages stagnant, retail theft is becoming a more common occurrence in Illinois. Getting arrested for retail theft is a serious matter that can carry heavy consequences, like fines, jail time and a permanent criminal record. If the price of the stolen goods exceeds $300, you could even be charged with a felony. 
Steps to Take If You Are Facing a Retail Theft Charge
Facing a retail theft charge can certainly be a frightening experience. However, what you do after the fact can have a major impact on the outcome of your case. Here are a
Continue Reading What to Do If You Are Charged With Retail Theft in Illinois

One of the most violent and dangerous types of crime is arson, or starting fires intentionally. The Federal Bureau of Investigation (FBI), which defines arson as any “willful or malicious burning or attempting to burn with or without intent to defraud…”, states that there were nearly 33,400 incidents of arson that took place in the United States in 2019. Arson can often lead to serious injuries or even death, which is why it is punished accordingly in Illinois. If you have been charged with arson, you should know the penalties for the crime and any related charges that you
Continue Reading What Are the Penalties for an Arson Conviction in Illinois?

In everyday conversation, we often use the terms “theft,” “robbery,” and/or “burglary” in place of one another. However, in the legal world, these three terms all have very distinct meanings and carry different sentences if a person were to be convicted of those crimes. A burglary charge is a serious offense in Illinois and can result in felony charges and potential imprisonment. If you have been accused of burglary in Illinois, having a skilled criminal defense attorney on your side can be immensely helpful. 
Defining Burglary and Residential Burglary in Illinois
When a crime is referred to as “burglary,” the
Continue Reading What Are the Penalties For a Burglary Conviction in Illinois?