Brian J. Mirandola

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Laws surrounding alcohol consumption are clear with extensive public campaigns about who should not be drinking. However, it is an area of the law that many citizens tend to take less seriously than others. For example, while underage drinking is a clear violation of the law, it is a common occurrence, particularly at parties for underage high school students.
With many people violating the law, you might think the penalties associated with it are minor. The truth is that a teenager who is caught drinking could face significant consequences, including criminal charges and even jail time. If your child is
Continue Reading Will My Teen Be Sent to Jail for Drinking at a High School Party?

While many criminal cases in Illinois are settled out of court, many others go to trial for a judge and jury to decide the outcome. When your fate will be decided by a jury, it is crucial to understand the jury selection process and ensure that you are not punished for any biases jurors have against you. If you are concerned that you may face an unfair trial due to jury bias, speak with a qualified Kane County, IL criminal defense lawyer to understand your options.
How Can the Jury Impact the Fairness of My Trial?
The Sixth Amendment of
Continue Reading Can My Lawyer Help Me Overcome Jury Bias Against Me?

In recent years, a new type of firearm has been on the market. Ghost guns are homemade firearms without a serial number, which means they are untraceable. They became popular due to the spread of online kits and DIY firearm parts, but with a recent high-profile case making headlines across the country, ghost guns are a growing concern in Illinois and nationwide. To understand how this recent development is regulated, speak with an experienced Elgin, IL criminal defense lawyer who has experience with gun law cases.
What Are Ghost Guns?
Ghost guns are a type of firearm assembled from kits
Continue Reading Illinois Ghost Gun Laws: What You Need to Know

It can be overwhelming and distressing to discover that a warrant has been issued for your arrest. As difficult as it can be, it is important to stay calm and figure out what it means. Acting quickly and responsibly can help you avoid making the situation worse. An experienced Illinois criminal defense lawyer can help you understand your warrant and what to do about it.
What Is an Arrest Warrant?
An arrest warrant is a legal order issued by a judge authorizing law enforcement officers to arrest you. A warrant is typically issued in various situations including when someone:

  • Is


Continue Reading There Is a Warrant for My Arrest. What Should I Do?

Being arrested can be a frightening and overwhelming experience, particularly if this is your first time. However, when you are arrested, you have certain rights guaranteed by the U.S. Constitution and Illinois state laws. These rights are there to protect you against unnecessary harm and unfair treatment. Knowing your rights can help you stay calm and avoid mistakes that could impact your case. To learn more about your rights during an arrest, speak with an experienced Elgin, IL criminal defense lawyer.
The Right to Remain Silent
One of the most important and most commonly quoted rights you have when
Continue Reading What Are My Rights During an Arrest in Illinois?

A past criminal record can weigh heavily on someone charged with a crime in Illinois. Prior convictions can have a big impact on a current criminal case. Understanding how is crucial for anyone facing legal trouble in Illinois. An experienced Elgin, IL criminal defense lawyer can explain how your previous convictions might impact your case and what options you have.
What Are Prior Convictions?
Anytime someone was found guilty of a crime in the past, they have a prior conviction. That can include serious felonies, misdemeanors, or even simple traffic violations. Illinois law allows prosecutors to bring up past
Continue Reading How Do Prior Convictions Impact an Illinois Criminal Defense Case?

Illinois’s criminal justice system has been seeing some significant changes in recent years. A major focus of these changes is on helping individuals get a fresh start once they have served their sentence. Aptly known as second chance legislation, these changes aim to remove barriers like criminal records that can make it hard for people who have paid their debt to society to find housing or employment.
People who were charged with nonviolent offenses or have shown a willingness to change can benefit from this legislation. If you are interested in learning more about how second chance legislation might be
Continue Reading Can Second Chance Legislation Help Me?

Whenever you get behind the wheel, it is important to understand what charges and penalties you might face if caught violating the law. With traffic violations ranging from minor offenses to serious crimes, consequences can vary widely.
Whether you are caught speeding, running a red light, or driving under the influence (DUI), you need to understand what is at stake. If you have specific questions about charges you might face, an experienced Elgin, IL criminal defense lawyer can review your case and offer tailored guidance.
Common Traffic Violations and Their Penalties
Some of the most common traffic violations in Illinois
Continue Reading What Are Charges and Penalties for Illinois Traffic Violations?

Getting charged with a crime can be an overwhelming experience. This can be particularly true if you do not understand what you are being charged with. Some charges are more commonly discussed and understood, but others that are less known about can be a source of confusion. 
One example of a lesser-known crime is deceptive practice. If you are facing charges of deceptive practice, let a knowledgeable Elgin, IL criminal defense lawyer explain everything you need to understand and help you present a strong defense.
What Is Deceptive Practice?
One of the reasons why deceptive practice can be difficult
Continue Reading What Is Deceptive Practice and How Is It Punished?

AI is an indisputable new part of life these days. Whether it is translating a document written in a foreign language, determining which news stories will be most relevant to you on your favorite news website, or monitoring your business and alerting you to urgent needs, AI has had a major impact.
One of the fields in which AI has been prevalent is pornography, particularly with creating computer-generated pornographic content featuring minors in an attempt to avoid criminal charges for child pornography. However, many people are surprised to learn that AI child porn can be punished the same as authentic
Continue Reading Can I Be Punished the Same for AI Child Porn as if It Was Real?

When someone feels threatened by another, it is a natural reaction to do anything possible to eliminate the threat. Unfortunately, in situations like these, the person who originally posed a risk sometimes claims that their would-be victim was the aggressor and initiated the attack. Someone who acted in self-defense can find it overwhelming to face charges of domestic violence for stopping themself from getting hurt by the real attacker. If this happens to you, speak with an experienced Elgin, IL criminal defense lawyer to understand your legal options.
What Is Considered Domestic Violence in Illinois?
According to Illinois law,
Continue Reading How Can I Prove I Was Acting in Self-Defense?

Underage drinking is a crime many people are aware of, but few understand how serious it actually is. Whether you are a private individual or a licensed alcohol vendor, selling, delivering, and giving alcohol to anyone younger than 21 can be punished severely. With Illinois law enforcement cracking down on the sale of alcohol to minors, it is more important than ever to understand the law and possible charges you could face for violating it. If you are concerned about liability for a potential violation, speak with an experienced Elgin, IL criminal defense attorney to learn more.
When Can Someone
Continue Reading Can I Go to Jail for Selling Alcohol to a Minor in Illinois?

In Illinois, people use the term “parole” when they talk about options that allow someone to be released from jail or prison after serving a portion of their sentence. Technically, Illinois abolished parole for crimes committed after 1978, meaning that people convicted after this date are not eligible for traditional parole (although people convicted before 1978 may still qualify).
Instead, Illinois now uses a system called “mandatory supervised release” (MSR), which acts similarly to parole. If you have questions about eligibility or how Illinois laws apply to your case, consulting a knowledgeable Illinois criminal defense attorney is crucial.
What Is
Continue Reading When Can Someone in Illinois Prison Get Out on Parole?

While laws vary from state to state, some are constant throughout the country. One of these is the prohibition against driving while under the influence of alcohol. While all states prohibit driving over the legal limit, not all states require people to submit to breath tests to determine their blood alcohol content.
In an “implied consent” state like Illinois, however, drivers are expected to submit to testing to a police officer’s request to determine whether they are intoxicated. If you refuse to take a breath test, your license will get suspended. To learn more, speak with an experienced Kane
Continue Reading What Happens if I Refuse a Breath Test in Illinois?

Anytime anyone faces criminal charges, the courts generally try to get a detailed understanding of who the person is, including his background, his motives for committing the crime, the severity of the crime, and whether the person has shown remorse for his actions. Anything that could make a court decide to give someone a lesser punishment than usual for a certain crime is called a mitigating factor.  
As America slowly gains awareness of mental health issues and how they can affect people’s behavior, they are increasingly being considered a mitigating factor that can impact sentencing. If you are facing criminal
Continue Reading Mental Health as a Mitigating Factor in Illinois Criminal Law

Since Illinois is home to many lakes and rivers, boating is a popular leisure activity here. For many people, leisure goes hand-in-hand with drinking. No matter what type of boat you are sailing in, it is always illegal to operate any vessel while under the influence of alcohol or drugs. 
While the consequences you could face if you are convicted of boating under the influence (BUI) can vary depending on several factors, you can be sure that BUI is taken very seriously by Illinois authorities. A recent court case regarding an incident that took place three years ago highlights just
Continue Reading Boating Under the Influence in Illinois