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What to Do if Falsely Accused of Domestic Violence

 Posted on April 22, 2024 in Domestic Violence

DuPage County criminal defense lawyerA false accusation of domestic violence can be a distressing experience. In Illinois, even a baseless accusation can result in significant legal repercussions, regardless of the absence of supporting evidence. If you find yourself in this situation, make sure you understand your rights and take quick action to protect your future. An Illinois lawyer can help you with the next best step to take for your situation.

What You Should Know About Domestic Violence Charges in Illinois

Under Illinois law, domestic violence is defined as physical abuse, harassment, intimidation, or interference with the personal liberty of a family or household member. This can include spouses, ex-spouses, dating partners, children, and others who share a common dwelling.

False accusations of domestic violence can arise from various situations, such as a contentious divorce, a child custody battle, or a personal vendetta. Regardless of the accuser’s motives, these allegations can lead to criminal charges, orders of protection, and a tarnished reputation.

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How to Fight Wrongful Convictions in Illinois

 Posted on March 22, 2024 in Wrongful Conviction

Wheaton criminal defense lawyerWrongful convictions are a travesty of justice that can devastate lives and erode public trust in the legal system. Individuals who have been wrongfully convicted have legal options to challenge their convictions and seek exoneration. An Illinois lawyer can guide you through the process of fighting wrongful convictions.

Understanding Your Rights

The first step in fighting a wrongful conviction is understanding your rights under Illinois law. The Illinois Post-Conviction Hearing Act allows individuals who have been convicted of a crime to file a petition challenging their conviction or sentence based on constitutional violations or other legal errors.

Gathering Evidence

To succeed in a post-conviction petition, you must present compelling evidence demonstrating that your conviction or sentence was unfair. This evidence can include new DNA evidence, witness recantations, evidence of prosecutorial misconduct, or ineffective assistance of counsel.

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Facing Unlawful Drug Bust Charges

 Posted on February 20, 2024 in Drug Crimes

Wheaton criminal defense lawyerBeing charged with drug offenses can be an overwhelming and frightening experience. Even if you believe the bust was unlawful or the charges are unfair, navigating the legal system is complex. An Illinois criminal defense attorney can guide you through this process and protect your rights.

Get a Lawyer Immediately

The first thing you should do after being charged is hire a criminal defense lawyer. Do not speak to the police or prosecutors without your attorney present. Anything you say can be used against you, even if you believe you have done nothing wrong. A knowledgeable lawyer will handle communications and start building your defense right away.

Understand the Charges

Various drug charges carry diverse penalties under Illinois law. Manufacturing or delivering illegal substances leads to more severe sentences than possession. The amount, the intent to sell, criminal history, and other factors also impact sentencing. Your attorney will explain the exact charges so you understand what you are facing. This allows you to build an appropriate defense focusing on the strongest arguments to get charges reduced or dismissed.

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What Are The Consequences of Traffic Violations in Illinois?

 Posted on January 11, 2024 in Traffic Violation

IL defense lawyerGetting a traffic ticket in Illinois can result in more than just an annoying fine. Traffic violations can lead to increased insurance rates, license suspensions, and even jail time. An Illinois personal injury lawyer can help you determine the potential you may have with your traffic violation.

Fines and Court Costs

Most minor moving violations like speeding, running a red light, or failing to yield will result in fines. You will also have to pay various court costs and fees, which can add substantially to the total cost. The exact fine amount depends on factors like how much over the speed limit you were going. More serious infractions mean steeper fines.

Insurance Rate Increases

Violations like speeding, accidents, DUIs, and other infractions will likely cause your car insurance rates to spike at your next renewal. Insurance providers see those who break traffic laws as higher-risk drivers. State law allows insurance companies to raise rates substantially after moving violations. Some drivers have seen car insurance rate increases of 30% or more after getting a ticket. This financial consequence can last for three to five years after the violation.

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Common Myths Around Illinois DUI Traffic Violations

 Posted on December 11, 2023 in DUI

Getting arrested for a DUI traffic offense can be an anxious, overwhelming experience. Normal reactions include shame, fear around penalties, and desperation for the situation to disappear. These emotions allow myths and misconceptions to easily take root. Without accurate legal context, mistaken beliefs warp perspectives on how DUIs work. An Illinois defense lawyer can help you determine your best option.

Fiction: Refusing the Chemical BAC Test Prevents the DUI

Fact: Refusal triggers an automatic 6-month license suspension, providing no advantage.

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Is a Trap by Police Legal?

 Posted on November 22, 2023 in Drug Crimes

IL defense lawyerIllegal drug activities pose a significant threat in Illinois, leading to numerous fatalities each year. In response, law enforcement uses various strategies to curb the production and distribution of illicit substances, such as drug busts. If you or a family member has been the target of something like this, you should be aware of your rights and get legal help quickly. A seasoned criminal defense lawyer can try to help protect your rights and build a strong defense against any charges you may be facing.

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Are Pregnant Women More at Risk of Domestic Violence?

 Posted on October 20, 2023 in Domestic Violence

IL defense lawyerDomestic violence can have deadly consequences, especially for pregnant women or those who have recently given birth. Studies conducted between 2009 and 2019 reveal that black women faced a greater risk of losing their lives due to this issue when compared to other racial groups. Additionally, recent research indicates that laws limiting a woman's access to abortion can raise the danger of death for pregnant women. If you are facing charges of domestic violence, it is imperative that you seek the help of a skilled criminal defense attorney.

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Are You Dealing with a Second DUI?

 Posted on September 22, 2023 in DUI

IL DUI lawyerThings can get more serious if you find yourself facing a second DUI charge. It is important to have a dedicated Illinois attorney fighting for your rights to prevent a conviction and the suspension of your driver's license. Remember, repeat DUI offenses in Illinois mean tougher penalties, so it is vital to stay away from the wheel if you have been drinking or using substances that interfere with your driving skills.

Can I Dodge the Consequences of a DUI?

Under Illinois law, a person with a blood alcohol concentration of .08 percent or more cannot legally drive. However, mistakes are sometimes made during a field sobriety test. These tests are conducted by a police officer, and human error is always possible. On top of that, if they do not follow the right steps, they could leave the door open for mistakes. A skilled attorney will make sure to conduct a deep investigation into your case to ensure that your rights are protected.

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Why Was I Arrested for Marijuana in Illinois?

 Posted on August 08, 2023 in Criminal Law

Wheaton Criminal LawyerIf you live in Illinois, you are likely aware that the recreational use of cannabis is now legal in our state. It has been this way for several years. You likely see cannabis dispensaries everywhere. If you were recently arrested for a marijuana-related offense, you may be wondering what happened. You may have been entirely unaware that you could still be arrested for certain marijauana-related activity in Illinois. The laws related to cannabis possession and consumption are constantly evolving and can be complex. While it is legal to buy and use cannabis for recreational purposes, there is a limit as to how much cannabis flower you can possess at a time without committing an offense. The laws surrounding how cannabis may be obtained and passed between people can also be confusing. Currently, only licensed dispensaries are permitted to sell or distribute cannabis. If you have recently been arrested for a marijuana-related crime, it is important to speak to an attorney as soon as possible. 

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Understanding Cyberstalking: Characteristics and Legal Implications

 Posted on July 11, 2023 in Computer Crimes

Wheaton, IL criminal defense lawyerAs technology advances, so do the ways in which individuals can be targeted and harassed. Cyberstalking constitutes a serious computer crime that has emerged as a significant concern within our society, encompassing a wide range of online behaviors to induce fear, distress, or control over a targeted individual. Today, we will explore the legal definition of cyberstalking, its essential elements, real-world examples, and the implications of this distressing and invasive crime. If you have been charged with cyberstalking, contact a criminal defense attorney to ensure you obtain the legal guidance you need at this time.

Legal Definition

Cyberstalking refers to the use of electronic communications devices or online platforms to harass, threaten, or intimidate someone. The precise legal definition varies across jurisdictions, but generally, cyber stalking involves repetitive and unwanted behaviors. These behaviors may include sending malicious or threatening messages, creating fake social media profiles, hacking into personal accounts, posting false or damaging information, spreading rumors, tracking an individual’s activity online, or engaging in non-consensual sharing of explicit images.

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