Brian J. Mirandola

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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

One of the many consequences of abuse is that the resulting trauma can lead victims toward crime, too. While being abused does not mean you will automatically begin committing crimes, it can be considered a mitigating factor, especially during sentencing. A new law that was signed last month aims to allow for reduced sentences of convicted criminals who were abused in the past.
One reason for these efforts to lobby the government to consider past abuse in sentencing is the fact that so many convicts have reportedly suffered abuse before their incarceration. According to the National Online Resource Center
Continue Reading Past Abuse as a Mitigating Factor in Illinois

If you are convicted of a crime, probation is probably your best-case scenario. You will be limited by legal restrictions dictating where you can go and what you can do, but you will not need to serve time in jail. This is only an option for people convicted of crimes that are not violent and therefore do not pose a risk to public safety.
When someone is sentenced to probation, they need to abide by various rules and requirements. They can end up in even worse trouble if they violate the terms of their probation. If you are accused
Continue Reading Will I Be Sent to Jail for Violating My Illinois Probation?

Labor Day weekend is here, signifying the unofficial end of summer. Kids are returning to school and the sun is already setting earlier and earlier each night. Families and friends will gather over this holiday weekend to attend cookouts and parties and bid summer goodbye.
Many of these events will involve alcohol and where there is alcohol, there is always the risk of a DUI arrest. The state has announced that Illinois law enforcement will be out in full force, cracking down on drunk drivers with its Drive Sober or Get Pulled Over campaign. Police from more than 250
Continue Reading Illinois Kicks Off Drive Sober or Get Pulled Over Campaign

There are a number of reasons why juveniles commit crimes, including boredom, feeling pressure from peers, addiction, or feeling as if they have no other choice. According to national statistics, while the overall crime rate is decreasing, the crime rate for young people between the ages of 10 to 24 keeps increasing.
The consequences of juvenile crime convictions can impact an offender’s long-term future. One option for those who qualify is expunging that conviction from their record. Although the expungement process in Illinois can be complicated, a new law recently signed by Governor J.B. Pritzker can help make that process
Continue Reading Illinois Passes New Expungement Law for Juvenile Offenders

The U.S. Court of Appeals issued a federal ruling recently that affirmed it is legal for the police to force a suspect to use their thumbprint scan to unlock their smartphone. The ruling means that the police have the legal authority to force you to use your biometric data to open a device that could potentially have incriminating information against you. This could have a major impact on criminal procedures. If you are arrested or brought into the station on suspicion of a crime, speak with a skilled Elgin, IL criminal defense attorney to understand how this can affect
Continue Reading Can the Police Force Me to Unlock My Phone?

Few of us are able to remain calm and rational when we see flashing lights in our rearview mirror. Even when we are absolutely certain of our innocence, high-profile violence and civil rights violations from police officers in recent years make many people nervous to get pulled over. And, of course, being nervous is a recipe for not thinking straight.
It can be very difficult to know what to do during a traffic stop. Even if you think you know your rights, you may forget or misunderstand what you need to do in the face of pressure from a cop.
Continue Reading Do I Have to Roll Down My Window During a Traffic Stop?

Domestic violence is a serious crime, but it is also a powerful accusation and many people are willing to cynically exploit its power. Domestic violence accusations can lead to a number of serious consequences, including criminal charges and convictions, disruption to family life, job loss, and even altered child custody arrangements. If you are being accused of domestic violence, a skilled Illinois domestic violence defense attorney can help you navigate this difficult situation and minimize its impact on your future.
How Domestic Violence Accusations Can Impact Your Life
Domestic violence accusations bring several important consequences. If you end up with
Continue Reading Consequences of Domestic Violence Accusations

With the rise of self-checkouts in grocery stores, many individuals may engage in switching labels between items in order to pay less. It may seem harmless, but switching labels at a grocery store can be considered theft in Illinois. It is vital to reach out to a knowledgeable Illinois retail theft defense lawyer if you have been charged with retail theft after switching labels to understand your rights and options.
What to Know About Price Switching
Price switching is the common term for when someone switches the scannable label of a cheaper grocery store item onto a more highly-priced grocery
Continue Reading Switching Labels at the Grocery Store – Is It Theft?

If you are faced with DUI charges, you may be wondering what might happen to your Illinois driver’s license. There are many potential outcomes of a DUI conviction, including the suspension or revocation of your driver’s license in addition to fines and other penalties. An experienced Illinois license reinstatement lawyer can help you understand how to get your license back if you have lost it after a DUI conviction.
License Suspension Versus Revocation
Losing your driving privileges in Illinois after a DUI occurs in two ways – license suspension or revocation. With a license suspension, there is a time limit
Continue Reading How Do I Get My License Back in Illinois After a DUI?

Driving under the influence of drugs or alcohol, typically shortened to DUI, is a crime in Illinois. However, there are different levels to DUI charges, and this charge may be a misdemeanor or a felony depending on a few different circumstances. It is important to understand the difference in DUI charges, as these charges carry varying penalties. An experienced Illinois DUI defense attorney can answer your questions if you face a DUI charge.
Understanding Illinois DUI Charges
In Illinois, the majority of DUI charges are misdemeanors. First-time DUI offenses and second-time DUI offenses are both Class A misdemeanors,
Continue Reading When Is a DUI a Felony in Illinois?

Vehicle theft is taken seriously in Illinois, and there are harsh penalties for those who steal cars or commit crimes related to vehicle theft, such as buying or selling a stolen vehicle. While you may think that borrowing a car is no big deal if you have plans to return it, you could potentially be arrested for vehicle theft should the person you borrowed the car from report your use of the vehicle to the police.
A knowledgeable Illinois car theft defense lawyer is essential to protecting your rights and understanding your options if you have been charged with vehicle
Continue Reading If I Borrow a Car Without Asking, Is It Stealing?

Underage drinking is a serious topic, and Illinois has several laws in place, such as the Zero Tolerance Law, to prevent minors from obtaining and consuming alcohol. If your teen is found to be drinking at home, you may be faced with criminal charges depending on the circumstances of the alcoholic consumption. An experienced Illinois criminal defense lawyer can answer further questions about your situation.
Can My Teen Drink at Home?
In Illinois, consumption of alcohol by individuals who are under 21 years of age is illegal, with the following exceptions:

  • The minor is within his or her parent’s


Continue Reading Can I Go to Jail if My Teen Is Drinking at Home?

While some people may not think of traffic violations as too serious, dealing with even one traffic violation on your record can result in future difficulties. Multiple traffic violations on your record can be even more serious, and some types of traffic violations come with the risk of high fines and jail time.
If you have been charged with violating certain traffic laws, you will need an experienced Illinois traffic violations defense lawyer advocating for your rights.
Common Illinois Traffic Violations
There are many different varieties of traffic violations in Illinois, and these violations range in severity. Some of the
Continue Reading What Happens if You Get an Illinois Traffic Violation Ticket?