Latest from Zaremba Law Blog - Page 2

There is a lot of confusion regarding where, when, and why a person may fire a gun. You may have heard that if you are on your own private property, you are always allowed to shoot as long as you are not shooting at another person. Conversely, a lot of people have been taught that shooting a gun anywhere except at a range is illegal unless you are acting in self-defense. Neither of these statements is entirely true. Illinois’s reckless discharge laws are much more nuanced than that. You can be charged with this offense for firing a gun
Continue Reading Understanding Reckless Discharge of a Gun Charges

Driving drunk with anyone less than 16 years old in the car is an enhanced DUI offense in Illinois. A first offense is still a misdemeanor, but a second is a felony. This law applies to everyone – it is quite common to see it used against older teenagers who are driving around with their peers. However, a lot of those charged with DUI with a child passenger are parents who had their own children in the car. Parents who get arrested for drunk driving while transporting their children are likely to be charged with a felony DUI and may
Continue Reading DUI Arrest with a Child in the Car

A simple dispute between drivers can escalate quickly into actual violence or firearms charges. In the last few months alone, there have been numerous arrests made related to road rage assaults. Many of these incidents involved firearms, while others involved only vehicles themselves being weaponized. In June, a Naperville motorist was arrested for assault after allegedly drawing a firearm on another driver during a road rage incident. Another Illinois arrest involved a cyclist reaching into a vehicle and stabbing the driver. Drivers on social media have casually reported a large number of aggressive driving incidents that did not result
Continue Reading Road Rage Shootings On the Rise in Illinois

If you have had a DUI charge recently, you may need to have a breath alcohol ignition interlock device (BAIID) installed on your car before you can drive again. These devices are designed to prevent drunk driving by physically preventing an intoxicated person from starting a vehicle and periodically ensuring you are sober while you are driving. While this device is installed on your car, you will not be allowed to drive any other vehicle. Having a BAIID is generally a condition of getting a restricted driver’s permit, and some DUI offenders are required to use them for some time
Continue Reading How do Breath Alcohol Ignition Interlock Devices Work?

Heated protests are expected nationwide after the election, regardless of the election’s outcome. Especially if you are in or near a major city like Chicago, IL, you are likely to encounter political protestors. Everyone has a constitutional right to free speech, and political speech in particular is heavily protected. However, there are time, place, and manner restrictions on protestors. There is sometimes a fine line between a protected political protest and an unlawful riot. If protestors begin to conduct themselves in a violent manner that causes public alarm, they could be charged with crimes, like looting, disorderly conduct, assault,
Continue Reading When a Protest Becomes a Riot

The police cannot simply pull over whoever they want, whenever they want, without a good reason. If you were pulled over illegally, any evidence of a crime the police found during that stop can be thrown out of court. If the only evidence the state has against you is what the police found during an illegal traffic stop, that probably means your case will be thrown out. Illegal traffic stops most commonly result in DUIs, drug possession charges, and weapons charges. If you were charged with any of these offenses following a traffic stop, you need a knowledgeable Will
Continue Reading What Is an Illegal Traffic Stop?

Assault and battery charges are often associated with an injured victim. When the victim is bruised, bleeding, or has broken bones, it is usually fairly clear to law enforcement that he or she has been battered. However, it is possible to be charged with assault, battery, or both even if the victim is physically unharmed. You do not need to cause real injury to commit an assault or a battery. This type of assault or battery is usually charged as a misdemeanor offense, while a battery involving serious injury is usually charged as a felony. If you are facing assault
Continue Reading Can You Be Charged With Assault or Battery if the Victim Was Not Injured?

Although recreational cannabis use has been legal in Illinois for years, people are still getting arrested over marijuana-related offenses. Many people who are charged with a cannabis offense mistakenly believe that what they are doing is legal. Unfortunately, not knowing exactly what Illinois’ rather complex laws related to marijuana say is not a defense. However, there is a lot an experienced Joliet, IL marijuana crimes attorney can do to defend you. You may have another defense, like having been subjected to an illegal search.
Cannabis Crimes That Still Exist in Illinois
Cannabis is regulated much like alcohol is. While
Continue Reading How Illinois Residents Can Still Get Arrested for Marijuana

A first DUI can be written off as a simple lapse in judgment or a youthful mistake. The consequences, while painful, are usually not too harsh. Getting a second DUI is a much more serious matter. After a second arrest for driving drunk or high, you are probably going to be almost automatically deemed an alcoholic or addict. The court might start to think that letting you drive might be a risk to the public’s safety. If you avoided jail time the first time, you may not be so lucky the second time. However, you have the same opportunity to
Continue Reading What Happens if I Get a Second DUI in Illinois? 

Some people truly are out looking for a fight. Having a run-in with one of them can turn a fun night out into a disaster. Even if you made a good effort to defuse the situation before it escalated into violence, you might still have found yourself caught up in a bar brawl you had no desire to be in. If there were numerous people involved in the brawl, you may not even know what started the fight. While you may have tried to avoid getting in a fight, there is still a chance you could be arrested and charged
Continue Reading Can I Be Charged for a Fight I Did Not Start?

A lot of people find that the worst part of being charged with a DUI is not being able to drive for a year or more. When you lose your driving privileges, you lose your independence. While nearby Chicago has an excellent public transportation system, making it possible to get anywhere in the city without a car, the same cannot be said for more suburban Will County. Even if you work in the city, getting close enough to its borders to catch a train may be a struggle. Fortunately, there are steps a Joliet, IL criminal defense lawyer can take
Continue Reading The Cost of Not Driving After a DUI

Young people often leave their home state to attend college elsewhere. Students may come to Illinois because one of our universities offers the particular major they are interested in, is a leader in their field of study, or because they have been awarded a scholarship. Others come because they have family in the area they can stay with to reduce housing costs or because they grew up here and are comfortable in the area. Unfortunately, college students are often arrested for alcohol-related crimes, like DUI, underage drinking, and bar fights. If you are an out-of-state resident and have
Continue Reading What Happens if an Out-of-State Student Gets Arrested in Illinois?

Child endangerment is a serious crime that can have long-lasting consequences. In Illinois, understanding the legal complexities of this charge is crucial for anyone facing allegations or charges. If you are facing charges related to child endangerment, you need to act swiftly to ensure your rights and freedoms are protected. Contact an experienced criminal defense attorney to ensure you understand the potential defenses available to build as robust a defense as possible.
Definition of Child Endangerment in Illinois
Illinois defines child endangerment as actions or omissions that put a child’s health or safety at risk. This broad definition encompasses
Continue Reading Understanding Child Endangerment Charges in Illinois

Facing a criminal defense hearing can be daunting. However, with preparation, you can improve your chances of a favorable outcome. Here are five essential tips to help you through your pretrial hearing and increase your chance of a successful outcome. Contact an Illinois criminal defense lawyer for more help with your case.  
Understand Your Criminal Defense Charges
Before your hearing, make sure you fully grasp the charges against you. This knowledge is crucial for several reasons:

  • You need to understand the options you have, including plea deals and going to trial
  • You need to understand your attorney’s strategy for


Continue Reading 5 Tips to Make the Most Out of Your Pretrial Hearing | IL

Illinois has taken a significant step forward in juvenile justice reform. A new law, set to take effect on January 1, 2025, will automatically start the expungement timeline for juvenile offenders upon their release from detention. This change aims to help young people move past their mistakes and build better futures.
The law amends the Juvenile Court Act, requiring state courts to clear the records of individuals charged as juveniles two years after completing their sentence. An Illinois lawyer can help you understand this new law better and determine how it can benefit you.
Important Changes and Benefits
The expungement
Continue Reading How Juvenile Record Expungement is Changing Lives in Illinois

Being charged with distributing cocaine is a serious matter that can have life-altering consequences. An Illinois lawyer can help you understand the legal process and potential outcomes. It is helpful to understand what you may expect after receiving such a charge.
The Legal Process

  • Arrest and Booking: Following your arrest, you will be taken to a police station for booking. This process includes fingerprinting, photographs, and recording of personal information.
  • Initial Hearing: Within 48 hours of arrest, you will appear before a judge for your initial hearing. The judge will inform you of the charges and your rights, and may


Continue Reading What to Expect After You Receive a Charge for Distributing Cocaine