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Recent Blog Posts
What are the Consequences of Charges Related to Heroin Possession?
If you have been arrested and charged with heroin possession in Illinois, you are likely worried about what will happen next. While it is impossible to give a definitive answer without more information about your specific case, it is important to understand the potential consequences of being convicted of heroin possession in Illinois. If you have been charged, contact a drug crimes attorney right away, as the law does not look kindly upon heroin and other serious drug offenses.
Here is What You Need to Know About Your Situation
In Illinois, regardless of the amount of heroin in your possession, you will be charged with a felony and face one to three years in prison and fines up to $25,000. If you are arrested with more than 15 grams of heroin, you may be sent to prison for a minimum of four years, with a maximum of 15 years. Meanwhile, being convicted of possessing more than 15 grams could result in a staggering fine of $200,000.
Should I Go to Trial in My Criminal Case?
One of the critical decisions you will need to make in a criminal case is whether to take the case to trial or accept a plea deal. This can be a difficult decision to make, particularly if you are facing serious charges that could result in lengthy prison sentences and other significant penalties. To understand your options, consult a criminal defense lawyer and listen to their professional advice on how to proceed.
Considerations for Going to Trial
Here are some factors to consider when deciding whether to go to trial in a criminal case, including:
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Strength of the evidence – One of the most important factors to consider when deciding whether to go to trial is the strength of the evidence against you. If the evidence against you is strong and convincing, going to trial may not be in your best interest. However, if the evidence is weak or questionable, it may be worthwhile going to trial and having a jury decide whether you are guilty or innocent.
Essential Differences Between Assault and Battery in Illinois
It is crucial to understand the differences between similar-sounding offenses regarding criminal charges. Such is the case with the crimes of assault and battery. In Illinois, assault and battery are two distinct crimes that are often confused due to their overlapping nature. However, the legal implications and consequences of these charges are quite different. Today, we will discuss the essential differences between assault and battery in Illinois.
Remember that if you are ever charged with assault, battery, or both, you must retain legal counsel immediately. These kinds of offenses are aggressively prosecuted. Therefore, hiring an experienced criminal defense attorney is likely in your best interest.
How Long Can You Go to Jail for Drug Possession?
When it comes to drug offenses, the criminal penalties an individual may face vary dramatically. Some alleged offenders never see the inside of a jail cell. Their charges are dropped, the case is dismissed, or they are sentenced to probation or community service instead of jail. Others face years or even decades in prison for possession of a controlled substance.
If you or someone you care about has been arrested for drug possession you may be searching the internet for answers about the possible penalties associated with drug possession in Illinois. You may also be trying to understand the best way to handle the situation. One of your first steps should be to contact a criminal defense lawyer experienced in drug possession defense. Your lawyer can provide specific advice about your case and the options available to you. This blog will provide an overview of the jail sentences typically imposed on individuals convicted of drug possession in Illinois.
What to Expect for a First-Time DUI
A DUI refers to the formal charge brought against an individual for driving under the influence of alcohol or drugs. In the state of Illinois, a first-time DUI is considered a misdemeanor and can lead to many weighty consequences. Many people assume that a first-time DUI conviction will result in fairly lenient penalties. While it is true that the more DUIs you have, the harsher the consequences, the penalties for a first-time DUI are still quite serious.
Possible Repercussions for a First-Time DUI
Criminal penalties for a first-time DUI conviction can differ depending on the factors that revolve around your drunk driving case. With the help of a DUI criminal defense attorney, there is the possibility that they can get your charges reduced or even dismissed. However, that is never a guarantee.
Here are some possible consequences for first-time offenders:
What Is the Difference Between Battery and Self-Defense?
In Illinois, anything from shoving someone to a full-blown fight resulting in serious injuries may lead to criminal charges for battery. When an altercation between two or more people escalates, it can be difficult for police to know exactly what happened and who is to blame. Sometimes, a person is arrested even though they were only trying to defend themselves. If you or a loved one is facing criminal charges for a fight but were acting in self-defense, speak to an attorney right away.
What Counts as Self-Defense?
According to Illinois law, battery occurs when someone initiates physical contact of an offensive or provoking nature or causes bodily harm without justification. The key element of this description is "without justification." There are some situations in which physical contact or even force is necessary to protect a person from harm.
Defending Against Criminal Charges Resulting From a Drug Bust
In October, at least 10 individuals were charged with drug trafficking after an undercover investigation in Chicago found evidence that the individuals were allegedly planning to distribute fentanyl-laced heroin. The probe, which took several years to complete, involved wiretapped conversations, undercover narcotics purchases, and other covert operations.
Sting operations like these often raise questions about the line between our rights as citizens and police authority. Police are legally allowed to lie to suspects, misrepresent themselves, and conduct undercover investigations involving drug purchases. However, police may not “induce” or persuade an individual to commit a crime. If you or a loved one are facing drug charges after an undercover operation, investigation, or drug bust, it is crucial that you understand your rights and options.
Understanding Entrapment
Have you ever heard the myth that a police officer has to tell you he is a police officer if you ask him or her directly? This myth is often portrayed in popular television shows and movies, including Breaking Bad. However, there is no truth to this myth. Police officers have the right to lie about who they are, exaggerate the evidence against a suspect, and use deceptive interrogation tactics to gather information about an alleged crime.
Breathalyzers: What Every Illinois Resident Should Understand About Breath Tests During DUI Stops
Most people are familiar with the handheld alcohol breath tests used by police officers to check for drunk driving. However, many people do not fully understand how, when, and why these devices may be used. Whether you or a loved one are facing charges for driving under the influence (DUI), or you simply want to be well-informed of your rights, understanding breathalyzers is crucial.
Portable Breath Tests Are Not the Same as Evidentiary Breath Tests
Illinois police officers carry portable breath testing devices in their patrol vehicles. These are called “preliminary tests” because they occur before an individual is charged with DUI. The purpose of a preliminary breath alcohol test is to provide justification for a drunk driving arrest. A police officer may ask a driver to breathe into the machine if the driver is slurring his or her words or smells like alcohol. The preliminary test will show a result. If the result is 0.08 percent blood alcohol concentration or greater, the driver is arrested for drunk driving.
What Are the Penalties for Online Solicitation of a Minor in Illinois?
Sexual offenses involving children are taken very seriously in Illinois and elsewhere. In some cases, a person could face criminal charges even if they have no face-to-face contact with their alleged victim. This may be the case if a person is charged with online solicitation of a minor. Communicating with a child in an online chat room, sending emails or text messages, requesting sexually explicit photos, or other similar actions could result in an arrest and a criminal charge, and a person could be looking at multiple years in prison, heavy fines, and other consequences if they are convicted. Understanding the exact definition of this charge and the potential penalties is important for anyone who could be accused of this offense.
UPDATE: What Are Illinois’ Underage Drinking Laws?
Originally published: August 4, 2021 -- Updated: September 12, 2022
Update: In addition to the potential criminal charges that may apply for minors who possess or drink alcohol, it is also important to understand that people under the age of 21 who drink and drive may be arrested for DUI. Charges related to drunk driving can have a long-lasting effect on a person's criminal record and their driver's license. For a minor who is facing charges for DUI, it is important to understand the specific laws in Illinois and how they may apply to a particular case. Illinois has a "zero tolerance" law that applies to underage drinking and driving. A person under the age of 21 may face consequences if they are found to have any alcohol in their system while driving. While the legal blood alcohol content limit of .08 percent will still apply, minors who are arrested for DUI may face a license suspension if a chemical test shows that they have any alcohol in their system. A BAC reading above .00 percent will result in a driver's license suspension of three months for a first offense and one year for a second offense. If an underage driver refuses to take a chemical BAC test after being arrested, their license will be suspended for six months for a first offense and two years for a second offense.
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From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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