Posted on January 31, 2023 in Criminal Defense

The Miranda warning, which is 50 years old this month, arose out of the case of Ernesto Miranda v. the State of Arizona, in which Miranda was arrested for a crime and not informed that he could be silent or contact an attorney. His confession to the crime was thrown out and he was released, and the Miranda warning was born. Today, law enforcement officers all over the United States use it when they arrest someone. Each state can decide how to word their warning, and there isn’t one particular version that must be used all across the country.

Miranda Warning Basics

While the version used in the state of Illinois may not be the same as in neighboring states, there are specific parts of the Miranda warning that must be used in any version of it to comply with this law. These include the statement that the suspect has the right to remain silent, that anything they say can be used against them in court, that they have the right to an attorney, and that they can waive those rights if they choose to. Even if they waive their rights, though, they can change their mind at any time and decide that they want to contact an attorney.

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 Posted on January 31, 2023 in DUI

Holiday weekends are often filled with a lot of fun, but could also be filled with problems if there’s too much alcohol involved. A large number of people are arrested each year for DUI over long holiday weekends, partially due to parties going on and partially due to additional law enforcement on the roads. Those between the ages of 18 and 34 are most commonly arrested when it comes to driving under the influence, but no one who drinks and gets behind the wheel is immune.

Don’t Be a Statistic

Making sure you or a loved one doesn’t become a statistic is important, but so is knowing what to do if you are arrested for DUI. Being arrested can be upsetting and frightening. The more you remain calm and know what steps to take next, the easier things can be for you and the better chance you’ll have of doing the right thing.

How to Avoid a DUI

There are some great ways to avoid a DUI year-round. Not drinking is one way, but that’s not realistic for everyone. They want to have a drink and enjoy themselves, and sometimes that one drink turns into several drinks. If that’s the case, they may end up accidentally consuming more alcohol than they intended. Many people who drink too much think they are still okay to drive, which can get them into trouble. Don’t risk it. Instead, hand your keys over to a designated driver, arrange for a cab, or make sure you get a friend or family member to pick you up at a specific time. That way you won’t be on the road after one too many drinks.

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 Posted on January 31, 2023 in Drug Offenses

Last week, Huntington, W. V. had an unprecedented 26 heroin overdoses in only three and a half hours. While none of the overdoses were fatal–due largely to the availability of nalaxone, a heroin antidote–authorities believe the extraordinary number was linked to a new batch of heroin mixed with highly lethal fentanyl.

Fentanyl is a synthetic opioid similar to morphine but 80 to 100 times more potent. It has recently been added to “cut” heroin, meaning that it is added to the more expensive heroin to dilute it. Drug users are often unaware of its presence and, as such, are not able to adapt their use to it. The result is often death.

A powerful drug with a powerful pull

The heroin epidemic is not limited to poor counties in Appalachia. It is widespread and insidious. It lives here in DuPage County, and its users come from every socio-economic and educational background. It does not discriminate: It targets all races, ages and gender.

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 Posted on January 31, 2023 in Drug Offenses

Ecstasy–MDMA–is a drug that first gained popularity in the 1980’s. The drug, said to make you more empathic, loving and open to self-reflection, was often found at “Raves” or all-night parties. Fearing for the safety of the community, the Drug Enforcement Agency moved quickly to have the drug classified as a Schedule I drug–meaning that it was classified as a controlled substance that had no medical benefit and a high risk for abuse.

Ironically, prior to the drug being fast-tracked to illegal status, it had been used by psychotherapists in conjunction with therapy. These psychiatrists attempted to keep the DEA from completely outlawing the drug, but by the late-eighties, the drug had been banned not just in the U.S., but worldwide.

Who is self-medicating?

Prior to its illegal use, MDMA had been used in small amounts during therapy to help an individual break down barriers of trust and fear, and according to the therapists, facilitate deeper, quicker and more meaningful counseling.

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 Posted on January 31, 2023 in Drug Offenses

Laws on the use of medical marijuana vary greatly from state to state, but Illinois is one state that allows medical marijuana under certain circumstances. However, the line between medical and recreational use can easily become muddled if laws are misunderstood.

What are the consequences for marijuana use? What are the differences between using medical and recreational marijuana in Illinois?

Recreational marijuana use

In Illinois, any use of marijuana outside of prescribed medical purposes is illegal. This includes possessing, using, selling, or cultivating it. The penalties for marijuana use in Illinois include fines and jail time, and the severity of each of these increases based on how much marijuana someone possesses. Even small amounts of marijuana can lead to at least a year in jail and very significant fines. Offenses can also have large consequences in a person’s future.

Medical marijuana use

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 Posted on January 31, 2023 in Drug Offenses

A scary time in the lives of many parents occurs when they begin to suspect their teens are using drugs. Whatever the causes for suspicion, it is important for parents to remain relatively calm and to take action as soon as possible. Below are a few ideas of what you can do if you think your teen is using.

Discuss

Chat with your teen, and try to do so in the most comfortable and welcoming situation. For instance, have the discussion while playing basketball, watching TV or knitting. Making a big deal out of, “I want to talk to you,” could make the teen defensive.

You know your teen well, so use your judgment when opening the conversation and asking relevant questions. Saying something such as, “Do you feel like you’re angrier lately?” is better than, “Why are you so emotional lately? Is it drugs?” Frame your concerns in terms of the teen’s behavior rather than any firm conclusions you may seem to have.

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 Posted on January 26, 2023 in Sex Offenses

One 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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 Posted on January 03, 2023 in DUI

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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 Posted on October 17, 2022 in DUI

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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 Posted on September 23, 2022 in Criminal Defense

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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