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Avoid Haunting a Jail Cell on Halloween

 Posted on October 05, 2023 in Criminal Defense

Illinois Criminal LawyerHalloween season is upon us, and that usually means more than ghosts and ghouls are engaged in things they probably should not be doing. Driving under the influence (DUI), property crimes, disorderly conduct, and more can turn your trick or treat celebration into a nightmare. Avoid the outcomes of these crimes by properly planning ahead.

As Halloween approaches, it is a great idea to have a reliable and skilled attorney on speed dial, one with enough experience defending individuals accused of the common criminal occurrences that happen around this time of year.

Driving Under the Influence (DUI)

Drunk driving is a common crime committed around most holidays, not just Halloween. When there are festive parties available, the drinks are sure to flow. It creates a perfect disaster that ultimately involves getting behind the wheel and attempting to drive yourself home.

For any Halloween event that includes serving alcohol, it is important to take proper precautions and avoid a night (or worse) in jail. You should:

  • Have someone who will choose to remain sober throughout the event and can drive you home once it concludes 

  • If no designated driver is available, opt for a cab, Uber, Lyft, or any other ridesharing company to take you home

  • Call a sober family member or friend who did not attend the event to come pick you up

  • Not get behind the wheel if you cannot get one of the above sober options to get you back home


No matter how you attempt to justify it, egging houses, destroying decorations, and toilet-papering your neighbors’ yards is illegal. Vandalism charges tend to be on the lighter side, coming off as not much more than misdemeanors. However, the destruction or defacing of something of value can bump the charges up quickly. You are better off not taking part in any “traditional shenanigans” on Halloween if you hope to avoid law enforcement.

Disorderly Conduct

Also referred to as disturbing the peace and considered a charge for general mischief, this time of year disorderly conduct mostly covers the likes of “ding-dong ditch” or playing loud music at your Halloween party. When alcohol comes into the mix, there is now potential for a drunk and disorderly charge. Depending on the disorderly conduct committed, you can be looking at a misdemeanor at best or a serious felony charge at worst.


Looking to check off a few entries in The 16 Most Haunted Places in Illinois list? Not a good idea. Trespassing is a typical criminal offense around Halloween, especially visiting cemeteries during the witching hour. Do yourself a favor and stick to a good horror movie run at home instead. You can avoid the potential headache of criminal charges being lobbied against you by simply being smart.


Theft is far too common during Halloween while also being a very serious criminal offense in Illinois. Shoplifting or stealing things from homes and people’s property, like decorations, can land you in some serious hot water with the law. The consequences of theft will far outweigh the short-term benefits, so just avoid it altogether.

Contact a Naperville, IL Criminal Defense Attorney

Halloween is a great time to party and live it up as someone other than yourself. Just remember that it will not be the costumed persona doing the time if a crime is committed. Consult a DuPage County, IL DUI and theft defense attorney to go over how to best stay out of trouble. Should you land in jail for any of the above-mentioned offenses, the Law Office of Philip R. Nathe has years of experience handling similar cases. Remember your rights and call the office at 630-416-7600 for a free consultation.

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