Latest from Patricia Magaña Blog - Page 2

Emotional abuse, a form of domestic violence, can inflict lasting harm on individuals targeted by the abuse. From a criminal defense perspective, it is essential to understand emotional abuse in the context of domestic violence cases. By examining common examples of emotional abuse, we aim to shed light on behaviors from a legal standpoint and underscore the importance of a fair and robust defense. Regardless of what kind of domestic violence you are being accused of committing, contact an attorney right away to begin building and preparing your defense to these serious charges.
Defining Emotional Abuse
Emotional abuse involves
Continue Reading Exploring Emotional Abuse in Domestic Violence Cases

Reckless driving is a severe offense involving driving a car in such a way that demonstrates no regard for the safety of others on the road. However, there is a certain level of reckless behavior that goes beyond ordinary negligence, known as wanton disregard. Understanding what constitutes wanton disregard in the context of reckless driving is essential for motorists who have been charged with such a crime. Today, we will explore the elements that define wanton disregard and its implications under the law. Facing such charges, you need a skilled criminal defense lawyer in your corner to give yourself a
Continue Reading What Is ‘Wanton Disregard for the Safety of Others’ in a Reckless Driving Charge?

Juvenile criminal law is a sensitive and specialized branch of the criminal justice system that protects and rehabilitates children and minors charged with an offense. Unlike the adult criminal justice system, the juvenile criminal justice system aims to balance protection, deterrence, rehabilitation, and accountability. If you are the parent of a juvenile involved in a criminal situation, contact an attorney immediately to ensure your son or daughter has the legal guidance and protection they need.

Four Important Principles of Juvenile Criminal Law
The following are four essential principles that act as the crucial foundation of juvenile criminal law, including:

  • Protecting


Continue Reading What Are the Most Important Principles of Juvenile Criminal Law?

Reckless driving refers to the operation of a vehicle with deliberate or indeliberate disregard or lack of attention to the safety of people or property. This is a significant issue in Illinois since reckless driving offenses can easily cause serious injuries or even death. As a result, Illinois has strict laws that penalize those who commit reckless driving offenses. Therefore, if you are facing these charges, it is essential to contact a traffic violations attorney to ensure your interests are adequately protected during your case. 
Important Factors Regarding Reckless Driving
Behind every reckless driving charge is the assertion that the
Continue Reading Understanding What Constitutes Reckless Driving in Illinois

While many view underage drinking as a right of passage, underage drinking is a crime in Illinois that is not taken lightly. Being charged with a crime as a juvenile can be a very scary experience, both for the alleged juvenile offender and the offender’s parents. Suppose you are a minor who has been arrested for underage drinking, or you are the parent of a minor who was arrested for allegedly drinking alcohol. In that case, it is essential to understand the potential penalties for underage drinking and how a criminal defense attorney can greatly assist the juvenile at this
Continue Reading Important Facts to Know About Underage Drinking in Illinois

Reasonable suspicion is a key legal concept, especially in the context of a DUI traffic stop. In order for a police officer to pull over a driver on suspicion of DUI, they must have reasonable suspicion that the driver is under the influence of alcohol or drugs. Failure to establish this could result in suppressed evidence or charges being dismissed. If you have been arrested, contact a DUI attorney right away to ensure the facts of the case can be examined and the process of building your legal defense can begin. 
What You Need to Know
In the context of
Continue Reading Understanding Reasonable Suspicion in the Context of a DUI Traffic Stop

Domestic violence is a serious offense that can have extremely severe legal and personal consequences. If you have been charged with domestic violence, taking the situation seriously and taking steps to protect your rights and interests is essential. Remember, the first thing you should do if you are in this situation is to hire a criminal defense attorney. A domestic violence conviction can devastate someone’s life, making it imperative that you work with an attorney who will advocate for your rights and try to secure a favorable case outcome.
Steps to Take When Facing Domestic Violence Charges 

  • Hire an Experienced

  • Continue Reading What You Should Do If You Have Been Charged with Domestic Violence

    As the parent of a juvenile offender, it can be difficult and emotional to see your child involved in a criminal situation. Furthermore, having the first idea of what to do can be even more challenging. For any parent approaching this situation, it is essential to understand how to proceed and support your child during this difficult time. 
    Navigating a Juvenile Criminal Case 
    First and foremost, working with an experienced juvenile defense attorney is imperative. A good attorney can help you understand the charges your child is facing and can work to ensure that your child’s rights are protected throughout
    Continue Reading Considerations for Parents of a Juvenile Offender 

    The Illinois Secretary of State provides two kinds of administrative hearings for people whose driving privileges have been suspended or revoked: formal and informal hearings. Many people who have been through the hearing process before can be denied reinstatement.
    It is important for any person dealing with an administrative hearing in Illinois to be sure that they retain legal counsel because an experienced attorney can make a world of difference in the potential outcome to a case. In many cases, people who were denied license reinstatement can achieve more favorable outcomes at new hearings.
    Administrative Review of Hearing Decisions
    While
    Continue Reading How to Challenge an Illinois Secretary of State Decision

    People all over Illinois receive citations for a variety of traffic offenses, and they typically have the right to appear in court to contest the charges. While many people choose to represent themselves in these cases, it can be important for a person to consider a lawyer in some situations.
    The potential need to secure legal representation often depends on a driver’s unique personal situation and needs.
    Different Needs for Different Drivers
    Drivers who receive citations may want to hire an attorney so they can have peace of mind that their citation is being handled correctly and they will
    Continue Reading Should I Hire a Lawyer for a Traffic Ticket?

    In 49 out of the 50 U.S. states, the legal blood alcohol content limit is .08 percent. When an individual is caught driving with a blood alcohol content above this limit, they are considered to be driving under the influence and can face criminal charges. For commercial drivers, the limit is just 0.05 percent alcohol. The amount of alcohol that it takes to be over the legal limit varies from person to person. Many different factors affect BAC, including body weight, the amount of alcohol consumed, food consumption, and the rate of alcohol consumption. For some people, it may only
    Continue Reading What is the "Rising Blood Alcohol" Defense in a DUI Case?

    In Illinois, one of the most common reasons that a person’s driver’s license is revoked is a conviction for driving under the influence (DUI). When a license is revoked, the license holder is prohibited from driving any motor vehicle. Driving with a revoked license is considered a Class A misdemeanor criminal offense in Illinois. Penalties include steep fines, community service, or even jail time.
    Fortunately, the state of Illinois gives drivers a chance to regain either full or partial driving privileges after a revocation. If you want to reinstate your license after it was revoked, you will need to
    Continue Reading 5 Tips to Maximize Your Chances of Receiving Driving Relief After a Driver's License Revocation 

    The more a truck weighs, the more damage the truck could potentially cause in an accident. Extremely heavy vehicles can also cause damage to roadways. Consequently, Illinois state law limits how much cargo a commercial truck such as a semi-truck can haul.
    While the reasons for weight limitations are generally sound, the consequences of operating an overweight commercial vehicle can feel exorbitant. If the truck is found to be overweight – carrying more cargo than allowed by law – then the driver and his or her company can face significant fines. Depending on how far the truck is over its
    Continue Reading What Happens If a Commercial Truck Is Overweight?

    With the new year comes multiple new laws and regulations in Illinois. One of the most significant pieces of legislation is the most recent amendment to the Illinois is the Safety, Accountability, Fairness and Equity-Today (SAFE-T Act). Among many other important provisions, the Act limits when the state may suspend a person’s driver’s license.
    Changes Being Implemented to Illinois Driver’s License Suspension Laws
    In Illinois, a person’s driver’s license can be suspended for many different reasons. Driving under the influence of drugs or alcohol, having too many driving violations or points on their license, and being involved in a
    Continue Reading Illinois SAFE-T Act to Reduce Driver’s License Suspensions

    Field sobriety tests are standard tests used to measure an individual’s balance, coordination, and cognitive abilities. They are usually administered by law enforcement officers to determine if a person is under the influence of alcohol or drugs. Despite their widespread use, field sobriety tests have come under question in recent years for their accuracy in determining intoxication.
    If you or a loved one are facing charges for driving under the influence (DUI) after failing a field sobriety test, contact a DUI defense lawyer for help.
    Common Field Sobriety Tests
    The three main types of field sobriety tests are the walk-and-turn
    Continue Reading Are Field Sobriety Tests an Accurate Indicator of Intoxication? 

    The term “reckless driving” is often used casually to refer to driving behavior that is unsafe or unpredictable. However, reckless driving has a specific definition under Illinois law and individuals convicted of reckless driving can face serious criminal penalties. If you or a loved one were arrested for reckless driving, it is important to get started on a defense strategy right away. Reach out to an experienced criminal defense lawyer who can help you understand your options and take the steps necessary to reduce your chances of conviction.  
    Illinois Law Regarding Reckless Driving
    The law specifically mentions two instances in
    Continue Reading What is Considered Reckless Driving in Illinois?