Posted on April 14, 2017 in DUI/DWI

Operating a vehicle under the influence of any drug or combination of drugsis illegal in Illinois. Even though medical marijuana is legal with a valid medical card in Illinois, the state previously had a zero-tolerance policy regarding the presence of tetrahydrocannabinol (THC) in one’s system.

Governor Rauner signed SB 2228 into law which made changes to the Illinois DUI statute. Instead of investigating whether there are trace amounts of THC in a defendant’s blood, this new law creates a tiered system for impairment.

The new law dictates that it is now illegal to drive or be in actual control of a vehicle with more than 5ng of THC per ml of a person’s blood or bodily substance. Officials have determined this level is close in proximity to the .08 blood alcohol content (BAC) level for driving under the influence.

While this change in the law leaves some uncertainty in the community, it corrected a legal paradox where a person could be charged with a DUI for cannabis that he or she may have smoked or consumed over a month prior.

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 Posted on April 10, 2017 in Traffic Offenses

The Illinois state police are motivated to help reduce instances of automobile accidents and traffic fatalities in and around Rolling Meadows, Illinois. That is why state law enforcement focuses on four moving violations known as the “FATAL-4”, which are four moving violations that pose the highest rate of causing traffic fatalities.

Law enforcement looks particularly closely for signs that drivers are committing any of the FATAL-4 driving offenses. The traffic offenses that make up the FATAL-4 include:

1. Driving under the influence of drugs and/or alcohol. Under 625 ILCS 5/11-501, it is illegal to drive a motor vehicle while under the influence of drugs and/or alcohol in Illinois. A person is considered to be too drunk to drive when he or shehas a blood alcohol concentration of 0.08 percent or if his or herability to safely operate the vehicle is compromised. Driving while under the influence impacts a driver’s ability to judge distance and speed and can render a driver incapable of operating his or hervehicle safely.

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 Posted on April 07, 2017 in DUI/DWI

Countless people in Illinois get behind the wheel while under the influence of alcohol or drugs, despite knowing thatdriving under the influence is illegal. Adriver maythink that he or she issober enough to driveor willnot get caught. However,if you arecaught, you will quickly find out that Illinois law enforcement does not take DUI very lightly.

Police are often harsh on drivers who are intoxicated behind the wheel and they will often look for ways to stack up as many criminal charges against an intoxicated driver as possible. But in some situations the driver actually gives the police good reason to add on additional criminal charges.

Extra Charges When the DUI Results in An Accident

If you are driving under the influence and you cause an accident, either a single vehicle accident or an accident involving another vehicle, when police arrive at the scene, they will look for every way that they can to charge you with criminal charges in addition to your DUI. For instance, if anaccident was the result of your speeding or reckless driving, police will charge you with DUI, in addition to a reckless driving or speeding charge.

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 Posted on April 03, 2017 in burglary

If you have been arrested and charged with burglary, you are most likely feeling scared and unsure about what you should do next. A few questions might run through your head, including:

• What is going to happen to you?
• Are you going to go to jail?
• What will court be like?
• Is there anything that you can do to fight your charges?

Being charged with a crime is overwhelming, and you likely do not have a background in criminal law. That is why you need an experienced burglary criminal defense lawyer to help you fight your charges. Your lawyer understands the criminal justice system and is familiar with what happens in criminal court. You need guidance and advice as you deal with your criminal charges, and a seasoned lawyer can help you.

What Constitutes Burglary and Residential Burglary in Illinois?

Under 720 ILCS 5/19-1, burglary is defined as when a criminal defendant enters property owned by someone else knowingly and without permission, and with the intent to commit a theft or a felony once inside the property. The property can include homes, garages, guest houses, apartments, sheds, and house trailers. However, it can also include vehicles like cars, boats, airplanes, and even railroad cars.

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 Posted on March 29, 2017 in Criminal Defense

Everyone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.

Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, peopleare often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.

Court-Ordered Drug or Alcohol Rehabilitation Programming

For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.

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 Posted on March 27, 2017 in Uncategorized

In just the past few years there has been a dramatic increase in the volume of synthetic drugs available on the streets of Illinois. Synthetic drugs, also sometimes referred to as designer drugs, are substances that mimic the effect of illegal drugs and that fall outside of the regulatory authority of the Food and Drug Administration. They often contain controlled substances and because there are so many different types and formulations of synthetic drugs, it is difficult to predict the effect the synthetic drugs have from one user to the next. A common factor amongst synthetic drugs is that they are often addictive, and can be highly dangerous because of the unpredictable effect that these drugs can have on users.

Are Synthetic Drugs Illegal in Illinois?

Synthetic drugs are just as illegal as their chemically similar counterparts and are prohibited under the Illinois Controlled Substances Act. Prior to 2016, Illinois law was not very well defined when it came to prohibiting the use and possession of synthetic drugs. However, the passage of Senate Bill 1129 effectively curbed synthetic drug use among Illinoisans by making them illegal.

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 Posted on March 22, 2017 in License Suspension

After your driver’s license has been suspended, either for racking up too many points for traffic violations or getting a DUI, there can be many pressures to continue drivingwithout a license. It maybe difficult to findalternative transportation to your job or to school. Or, taking public transit maybe a challenge. You may be concerned about asking your friends orfamily to drive you because you do not want to be an inconvenience. However,if the state has suspended your driver’s license and you choose to continue driving despite being legally stripped of your driving privileges, you can face serious consequences if you are caught by law enforcement.

Driving on a suspended driver’s license is a criminal offense in Illinois under 625 ILCS 5/6-303. The charges are usually a Class A misdemeanor, but you could possibly be charged with a felony under certain circumstances. Whether you arecharged witha misdemeanor or a felony will depend on the reason why your driver’s license was suspended in the first place.

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 Posted on March 20, 2017 in Disorderly conduct

There are severaldifferent offenses that constitute disorderly conduct under Illinois law. However, one of the least obvious forms of disorderly conduct is voyeurism, or “peeping,” which is an invasion of privacy of someone else. The victim, or person who is spied upon, has had his or herpersonal space violated by the peeping act, and the Illinois courts take the invasion of privacy very seriously.

Like many of the other forms of disorderly conduct, the offense of peeping often involves a state of intoxication—but certainly not always. Being drunk is no excuse under the law for invading the privacy of another by spying on him or herin their home. However, it does lend context to how the peeping incident may have come to pass.

Many criminal defendants who are charged with disorderly conduct for peeping on someone did so as a result of exercising poor judgement, while in a state of intoxication, or were acting in response to peer pressure.

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 Posted on March 15, 2017 in Criminal Defense

If you have been arrested and charged with a crime in Illinois, it is imperative that you appear in court for all of your scheduled court appearances. You maythink that it is unnecessary, or that the court has already made up its mind and you showing up will have no bearing on your fate. However,a failure to appear in court is a big deal for a criminal defendant in Illinois and itcan have serious and unpleasant consequences.

Best and Worst Case Scenarios

If you have been charged with a crime, you are already in a pretty tough situation. It makes no sense to do something that could make your situation worse. Not appearing for a scheduled court date will not bode well with the court. It is considered disrespectful and rude to miss your scheduled court appearance. The judge, the prosecutors, and your attorney have all made the time to show up to your hearing, and you should show up too. But what could happen if you fail to appear in court?

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 Posted on March 13, 2017 in Criminal Defense

Every so often, a criminal defendant will be charged with the wrong crime after being arrested. For instance, the police mayarrest an individualfor having what they believe to be cocaine in his or herpossession. However, after a sample of the drug is sent to a drug lab for testing, the substance might be identified as something else.

Cocaine, heroin, powdered methamphetamine, powdered ecstasy and ketamine all can have the same appearance as a white powder and it is possible for police to make a mistake and charge someone with a crime that is different than the crime that was committed.

Do Not Incriminate Yourself

It is very unlikely fora criminal defendant to speak up andcorrect law enforcement about the inaccuracy of the charges. Doing so would be incriminating to oneself. Therefore, sinceyou are not talking, the police will charge you with the crime that they think you committed, and the state prosecutor will be given the charges once your criminal drug case makes it to court.

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