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What Can I Do if I Am Facing Sex Crime Accusations in Illinois? 

 Posted on January 26, 2023 in Sex Offenses

naperville criminal defense lawyerOne of the unfortunate truths about being accused of a sex crime is that the accusation can have a serious impact on your reputation before you are even formally charged. In today’s political and social climate, just the rumor of having committed a sex crime could be enough to cost you your job and your relationships. However, a conviction can cause irreparable damage to your reputation and lead to significant criminal penalties, including imprisonment.

Fortunately, you do not have to face charges of sex crimes on your own. The law says that those accused of sex crimes are innocent until proven guilty. The U.S. Constitution also gives criminal defendants the right to be represented by an attorney. If you or a loved one were charged with sexual assault, date rape, online solicitation, or another sex crime, make sure to contact an experienced Illinois sex crimes defense lawyer who can help you build a strong defense against the charges.

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Could a medical condition cause you to get a DUI?

 Posted on January 03, 2023 in DUI Law

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A drunk driving charge in Illinois can come with a range of penalties that may impact the rest of your life. If convicted of this offense, you could find yourself behind bars, paying expensive fines and dealing with the effects of a mark on your criminal record. It is important to take a DUI seriously, even if it is your first offense. It may come as a surprise to you to learn that you could face these types of criminal charges even if you have not consumed any alcohol.

A specific medical condition called auto-brewery syndrome could cause the body to naturally produce alcohol. This means that you could have an elevated blood alcohol content level and demonstrate signs of possible intoxication without even one sip of an alcoholic beverage. There have been cases in which drivers have received DUIs, only to learn later that they suffered from this type of medical condition.

What is gut fermentation syndrome?

Auto-brewery syndrome, also called gut fermentation syndrome, is a rare condition. It develops when there is an overgrowth of certain types of fungi in a person's gut, causing the body to convert carbohydrates into alcohol. There can be a connection between this and other types of underlying medical conditions, such as irritable bowel syndrome, Crohn's disease, diabetes and more. Symptoms of this illness are similar to signs of intoxication, including:

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Drunk driving laws are stricter for commercial drivers

 Posted on October 17, 2022 in DUI Law

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The men and women who operate large trucks and commercial vehicles play a critical role in the economy. They are responsible for the transportation of goods across the country, and many aspects of daily life are dependent on the safe operation of these types of vehicles. Because of the larger size and heavier weight of semitrailers and commercial trucks, truck drivers bear a special responsibility to drive safely and adhere to the rules of the road.

This is why Illinois laws are stricter for commercial drivers than they are for regular license holders. If you are a commercial driver, it will benefit you to understand what these laws are and how you can protect your career. One DUI can impact your job and your ability to provide for your family. If you are facing drunk driving charges, you will benefit from understanding how you can protect yourself and your commercial driver's license.

Held to a higher standard

For most drivers, the blood alcohol content limit is .08%. This means that police will not arrest a driver with a BAC lower than that amount unless there are extenuating circumstances. For a truck driver or someone with a CDL, however, the BAC limit is .04%. It is possible that you could face a serious threat to your career and other consequences, even if you do not feel drunk or only after one or two drinks. After pulling you over for a suspected DUI, police may take your CDL, and you may need a temporary permit to drive.

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Are you charged as a juvenile offender or an adult?

 Posted on September 23, 2022 in Criminal Defense

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Criminal charges of any kind may result in grave consequences with long-reaching effects in your life, regardless of your age or the allegations against you. However, if you or your child is facing juvenile criminal charges, what you are up against will be different from what you could face in the adult criminal justice system. It may be helpful to understand exactly what to expect and how you can protect your interests.

The penalties associated with many juvenile crimes are not as detrimental as those for adults who commit crimes, but it is still critical to take your situation seriously. All defendants have rights, regardless of age, and protecting those rights will be important at every step of the criminal justice process. Your future could be at stake, but you can fight for your long-term interests.

Know your rights

Juvenile offenders do not have the same rights as adult offenders. For example, those charged in the juvenile system do not have the right to a trial by jury of their peers. Instead, a judge will oversee the proceeding and make the ruling. Likewise, juvenile offenders do not have the right to a public trial. Instead of referring to these proceedings as trials, they are instead known as adjudication hearings. Courts do not refer to juvenile criminal acts as crimes, but they refer to them as delinquent acts.

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When are you most likely to get a DUI in Illinois?

 Posted on August 13, 2022 in DUI Law

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A drunk driving criminal charge has the potential to change your life. Even if you do not receive a conviction, this type of allegation could result in damage to your personal reputation and other areas of your life. It is critical that you take a DUI seriously, even if it is your first drunk driving offense in Illinois. It is helpful to understand what you are up against so that you can properly and effectively confront the case against you.

There are certain seasons and times of year when it may be most common for Illinois drivers to receive DUIs. For example, holidays are times when more drivers are on the road, and there will be an increase in the number of DUIs during busier travel seasons. Regardless of when law enforcement pulled you over and charged you, it is in your interests to act quickly to begin preparing your defense strategy.

Common times for an increase in drunk driving

By carefully analyzing data, it is possible to pinpoint specific times, even certain days, when it may be more common for law enforcement to catch drivers operating their vehicles while intoxicated. According to statistics and data from the National Highway Traffic and Safety Administration, the following are times when you may be more likely to get a DUI:

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Charged with shoplifting? Here is what you should know

 Posted on June 25, 2022 in Criminal Defense

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Certain criminal charges come with potentially life-altering penalties for those convicted of these types of activities. While shoplifting is not a felony offense, it is still important for anyone in Illinois who is facing these charges to be aware of what he or she is up against. If you face charges for the crime of stealing merchandise of any kind from a retail establishment, you will need to know how to properly defend yourself.

The first step to defending yourself against these types of charges is to know what you are up against. It is helpful to not only understand the potential implications of a conviction, but also to know what you need to do to confront any evidence brought by the prosecution. Shoplifting is a type of larceny, which is essentially taking property without permission and with the intent of depriving the owner of it.

Understanding the crime of shoplifting

Shoplifting is a separate criminal offense from petty theft or burglary. While shoplifting cases can differ, most involve two primary elements. This includes evidence of the defendant taking items from a retail establishment, intended for sale, as well as an intentional act of depriving the owner of the item without paying for it. In many cases, shoplifting involves someone simply taking something from a store by hiding it or carrying it discreetly, but other actions that may fall into the category of shoplifting include:

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Is it an argument or domestic assault?

 Posted on June 13, 2022 in Criminal Defense

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Facing the accusation of domestic abuse is serious as this can affect multiple areas of your life. If accused of this type of behavior, it could impact everything from a child custody case to your job opportunities. It is critical to act quickly to defend your rights and interests when facing these accusations, working diligently to protect your personal freedom, future opportunities and your reputation.

Domestic assault is a term used to describe different behaviors that include physical violence and verbal abuse from one person against another who lives in the same home. These accusations are common in cases in which there is a significant amount of animosity between two Illinois spouses, perhaps during a contested divorce or custody dispute. You may think you simply had an argument, but next thing you know, you may be facing a protective order and accusations of domestic abuse.

What counts as domestic assault?

There are different types of domestic abuse, and while it often involves an accusation of a type of violence from one person against another, physical contact is not always a requirement in these cases. It can be difficult to distinguish between verbal abuse and having an argument, especially when it is one person's word against another. Verbal abuse can include words and threats made against someone that either threaten violence or make the other person believe he or she is in harm's way.

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Are all theft charges the same?

 Posted on April 16, 2022 in Criminal Defense

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Facing criminal charges of any kind is a threat to your future. Whether you are facing federal-level charges or a misdemeanor criminal offense, you will benefit from understanding what you are up against and what it could mean for your future. For example, there is a distinct difference between theft and burglary, according to Illinois law, and knowing the difference between these two property crimes can make a difference in how you prepare your defense strategy.

Conviction of theft or burglary could result in a lengthy prison sentence and other penalties that may affect the rest of your life. Whether you are under investigation or already facing charges, it is in your interests to begin working on a defense strategy immediately. With the right defense, it is possible to pursue the most effective outcome to your specific case.

Theft in Illinois

According to Illinois laws, theft is a crime directed toward property. This can include anything of value, such as a car, real estate, collectibles, cash and more. The crime of theft occurs when a person knowingly takes possession of the property of another person by simply taking it, through deception, by threatening the owner or by assuming ownership of stolen property. In a theft case, there must be clear intent to knowingly deprive the owner of his or her property, as well as conceal or use the property in a way that will permanently deprive the owner of it.

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Field sobriety tests during a traffic stop for suspected DUI

 Posted on April 03, 2022 in DUI Law

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It can be incredibly intimidating to see flashing lights in your rearview mirror as you are driving. Once you see this, you pull over, and you wait for law enforcement to approach your vehicle. If a police officer tells you that he or she stopped you because your behavior indicated the possibility of intoxicated operation of your vehicle, you may be asked to do certain things. One of the things law enforcement may ask of you is to submit to field sobriety tests.

Field sobriety tests are tasks that one must complete that will allow an officer to determine one's level of possible intoxication. These tests are standard, meaning that all police officers receive training on the same tests in order to administer these tests in a consistent manner. You may benefit from understanding what these tests entail and what to expect if pulled over for suspected DUI.

Different types of field sobriety tests

Law enforcement could ask you to perform certain tasks designed to measure your balance, stability, coordination, ability to follow instructions and more. The results of your tests could indicate to law enforcement whether a breath test is necessary. The three field sobriety tests include:

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What happens if you drive while under the influence of marijuana?

 Posted on February 19, 2022 in DUI Law

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When a driver is under the influence of drugs or alcohol while operating a vehicle, he or she is facing a higher chance of an accident. Drunk driving is a serious safety concern, as is drugged driving, and the penalties for either one of these can be steep. With the legalization of certain uses of marijuana, drugged driving may become more prevalent. It may be helpful to know what to expect if charged with drugged driving in Illinois.

Even with a valid prescription for medical cannabis, it is illegal to drive while under the influence of marijuana. Intoxicated driving of any kind can result in significant penalties, including loss of driving privileges, time behind bars and more. If charged with drugged driving, you would be wise to begin developing a defense strategy suited to your individual needs and objectives.

What does Illinois law say?

In Illinois, a driver can face DUI charges if he or she drives under the influence of drugs or any combination of drugs and alcohol to the point where the driver is unable to safely operate the vehicle. A driver may also face DUI charges if there is any amount of drug found in his or her system from the unlawful consumption of cannabis, unless it is THC less than 5ng/ml. Individuals suspected of drugged driving may require chemical testing by law enforcement.

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