Posted on March 06, 2025 in Criminal Defense

Being arrested for something you did not do can be an awful experience. If you find yourself in this situation, it is extremely important that you know your rights and understand your options within the criminal justice system. While Illinois law is intended to ensure fairness, there are certainly cases of injustice and wrongful convictions. A dedicated Illinois criminal defense lawyer can fight aggressively for justice to be served.

How Do Wrongful Arrests Happen?

Someone can be wrongfully arrested for a variety of reasons. Whether there was mistaken identity, fabricated evidence, or miscommunication between law enforcement officers, a wrongfully accused defendant is a victim of a serious miscarriage of justice. Illinois law demands that the police have probable cause to make an arrest, and if you are arrested based on false information or insufficient evidence to justify it, it is a violation of your rights. An experienced criminal defense attorney can help challenge the arrest and fight for your rights in court.

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 Posted on February 28, 2025 in Criminal Defense

In Illinois, there is no clear-cut answer about whether you are within your legal rights if you record a police officer while you are arrested. The reason why is that the First Amendment's freedom of expression and right to gather information and the state’s privacy laws can seem at odds with each other in some cases. 

Recently, awareness of the importance of gathering visual proof of what happens during an arrest has grown. As more people instinctively reach for their phones to film an arrest to make sure any violations of someone’s rights will not be silently accepted, it is important to understand that this could result in criminal charges. A qualified Illinois defense lawyer can explain your rights and protect your interests.

How Does the Illinois Eavesdropping Law Impact Accusations of Recording an Officer?

Illinois has some of the strictest privacy laws in the country, particularly its Eavesdropping Act, which states that it is illegal to record a conversation if you do not have the consent of everyone involved. However, there are certain exceptions when it is generally acceptable to record public officials, including police officers, even without getting their consent to do so.

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 Posted on February 24, 2025 in Criminal Defense

We are fortunate to live in a time when modern science and technology have developed medicines for a large variety of ailments. There are so many medications on the market that it is easy to just take something without stopping to think about it. However, some prescription drugs can affect you in certain ways, which is why some come with warnings about not operating heavy machinery while you take them.

You might have no idea you could potentially face legal trouble for just taking your medicine and going about your day, but some medicines can affect you enough that you could end up facing charges for driving under the influence (DUI). If you get pulled over when taking medicine and end up with a DUI charge, speak with a qualified Illinois criminal defense lawyer who can review your case and fight for your rights.

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 Posted on February 14, 2025 in Criminal Defense

It is no secret that you need money to afford to live. People coming out of jail trying to reintegrate into society are no exception. And to earn money, you need a job. Unfortunately, after a conviction, many people find that getting hired for a job is no simple task. Even if someone has the exact qualifications required for a job, their criminal record can keep their application from being seriously considered.

Fortunately, as awareness of these challenges has increased, the legal system has been developing ways to address this unfairness. If you believe you are being discriminated against in your job search because of your criminal record, speak with a compassionate Illinois criminal defense lawyer who can explain your options.

How Does Illinois Address Employment Challenges After a Conviction?

Illinois has adopted the Job Opportunities for Qualified Applicants Act, otherwise known as the Ban the Box policy. The purpose of this act is to make fair employment opportunities more accessible to job applicants with a criminal record. The name "Ban the Box" comes from a common question on job applications: "Do you have a criminal record?" Often, this question has a small box next to it where you are expected to write a checkmark if you have a criminal record.

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 Posted on February 06, 2025 in Criminal Defense

In most cases where a driver is suspected of driving under the influence (DUI), the police officers will pull him or her over and perform a breathalyzer test. In Illinois, as with most of the country, the legal limit is .08 percent, and if a driver gets a higher result, it generally leads to DUI charges. However, over the years, the machines used to perform the breathalyzer tests have been found faulty in many ways, and their results are sometimes considered unreliable. If you are facing DUI charges, speak with an experienced Illinois criminal defense lawyer about options for getting them dismissed.

Common Strategies for Challenging Breathalyzer Tests

There are several reasons why the results of a breathalyzer test can be challenged. They typically fall under one of the following categories: issues with the machine, issues with the machine operator, or issues with the test subject:

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 Posted on January 31, 2025 in Criminal Defense

Anyone who has gotten back to their car only to find a parking ticket on their windshield knows how frustrating it can be. If you happen to be there when the parking enforcement officer, commonly known as a "meter maid," is there, you might be tempted to vent your anger at him or her. However, yelling at a meter maid can get you into legal trouble in Illinois in certain situations. To learn more, speak with a qualified Illinois criminal defense lawyer who has experience defending clients against a wide variety of criminal charges.

Where Is the Line Between Free Speech and Harassment?

One of the constitutional amendments that Americans hold dear and often reference is the right to free speech. This includes expressions of anger, frustration, or disagreement, even when the person you are speaking to is a meter maid. However, there are limits to free speech; if you say something that can be considered a threat, harassment, disorderly conduct, or incitement to violence, you could end up in legal trouble. Some examples of when fighting with a meter maid could result in criminal charges include:

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 Posted on January 27, 2025 in Juvenile Offenses

With school shootings claiming more lives across the country every year, authorities take even the threat of one very seriously and anyone behind a threat can face severe consequences, including criminal charges. If your child has threatened school violence, he can face charges of making a terrorist threat, even as a juvenile. As the parent and guardian, you could face charges and other legal implications as well.

You might think this is just something that teenagers talk about and it should be seen as harmless because he would never actually hurt anyone, but you need to take it seriously because both he and you could be penalized. If you are dealing with these challenges, speak with a qualified Illinois criminal defense lawyer who can review the case and offer professional guidance. 

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 Posted on January 16, 2025 in Criminal Defense

Often, new laws are set to take effect with the start of a new year, and 2025 is no exception. Specifically, some amendments to the Illinois Crime Reduction Act focus on language changes and expansion of Illinois’ Adult Redeploy Programs. These opportunities offer an alternative to incarceration for non-violent offenders and focus on rehabilitation and treatment of underlying factors to reduce repeat offenders and reduce prison populations. If you or a loved one are facing criminal charges, speak with a qualified Illinois criminal defense lawyer to understand whether an Adult Redeploy program is relevant for you.

What Does Adult Redeploy Mean?

Sometimes, instead of serving a prison sentence, a defendant can be given the opportunity to take part in a rehabilitation program through community-based services. These can include substance abuse counseling, education, mental health treatment, education, and other services intended to address the root causes of the defendant’s criminal behavior. Illinois’s redeploy programs use research-based strategies to help defendants develop behavior management skills that help them avoid repeating their criminal activity and successfully reenter society.

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 Posted on January 08, 2025 in Criminal Defense

Some people have had numerous brushes with law enforcement, but for many, their only experience with what happens during police questioning comes from what they have seen on TV and in movies. While most are familiar with the Miranda rights from these depictions and have heard a police officer tell someone being arrested that they have the right to remain silent, inexperienced arrestees do not always feel comfortable giving the police the silent treatment until a lawyer shows up.

However, if you are ever questioned by Illinois police, you should make sure you never speak to them without having a lawyer present. You might want to appear as cooperative as possible and you might genuinely believe you have no reason to worry, but if you speak with the police without an attorney there, it can end up seriously hurting you down the line. If you have reason to believe that you might be brought in for questioning, make sure to have a skilled Naperville, IL criminal defense attorney present before you answer anything.

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 Posted on December 19, 2024 in Criminal Defense

Illinois’ Pretrial Fairness Act (PFA), which is part of the SAFE-T Act, has made significant changes to the state’s criminal justice system. Some of the biggest impacts have been the elimination of the cash bail system and changes to how release decisions are made.

This reform impacts how defendants are treated before their cases are resolved. If you are accused of a crime, speak with a knowledgeable Naperville, IL criminal defense lawyer to understand how this act can protect your rights as you face charges.

No More Cash Bail in Illinois

Before the PFA, defendants who were arrested and charged with a crime often had to post a cash bail to get released from prison before their trial. Defendants who could not afford bail had to stay in jail until their trial when other defendants facing similar charges who had the means could be released. This system created unfair challenges for people based on their ability to pay, even if they were accused of minor offenses.

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