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Recent Blog Posts

Can You Still Get Jail Time for a Marijuana-Related Crime In Illinois?

 Posted on July 22, 2022 in Drug Crimes

Wheaton Criminal Defense AttorneyFew substances have been as controversial as cannabis. Public opinion about marijuana flower and THC products has shifted in recent years and many states have legalized the drug for medical or recreational use. Marijuana has been legal in Illinois since 2020. However, there are still important limitations regarding possession, consumption, sale, and cultivation of marijuana. Violating one of Illinois’ marijuana laws can lead to criminal penalties, including jail time.

Illinois Cannabis Laws in 2022

Many people make the mistake of assuming that because marijuana was legalized, that any and all use of the substance is permitted. However, Illinois law only allows certain people to use marijuana and only under certain conditions. Similarly to alcohol use, marijuana use is only allowed for adults aged 21 or older. Illinois residents may possess up to 30 grams, or approximately an ounce, of marijuana flower, up to 5 grams of marijuana concentrate, or up to 500 mg of THC in an “edible” or other marijuana product.

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Questioning the Validity of a Blood Test in an Illinois DUI Case

 Posted on June 14, 2022 in DUI

b2ap3_thumbnail_dupage-county-dui-defense-lawyer.jpgDriving under the influence of alcohol (DUI) is penalized by criminal and administrative consequences in Illinois. If you are convicted of DUI, your driver’s license will be revoked and you will not be allowed to drive for the duration of the revocation period. You will also face steep fines and, in some cases, even imprisonment.

However, individuals accused of drunk driving have Constitutional rights, including the right to defend themselves against the charges. One potential defense strategy is to question the validity of blood alcohol test results.

Blood Testing to Determine Blood Alcohol Content

In Illinois, blood testing is frequently used to assess a driver’s intoxication level. Blood testing is not infallible, however. Many different issues can cause blood test results to be inaccurate.

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Juvenile Alcohol Offenses in Illinois

 Posted on May 26, 2022 in Juvenile Offenders

IL defense lawyerThe legal drinking age is 21 in all 50 U.S. states. However, this does not mean that every person waits until they are 21 years old to drink alcohol. Teens and young adults may experiment with alcohol before it is legal. In some cases, the decision to drink leads to significant consequences, including criminal charges.

Possession of Alcohol by a Minor

Many young people find ways to access alcohol even though they are not old enough to buy it legally. They may get an older sibling or friend to purchase the alcohol for them or use a fake ID to buy alcohol from the store. Underage possession of alcohol is a Class A misdemeanor. If convicted, the offender faces driver's license suspension for a minimum of six years, fines, and even jail time.

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False Accusations of Sexual Assault: Understanding Your Rights and Options

 Posted on April 12, 2022 in Sex Crimes

IL defense lawyerSex crimes are considered by most people to be some of the most egregious crimes a person can commit. This makes being falsely accused of a sex crime even more devastating to the accused person. If you were charged with sexual assault, you may be facing severe criminal and personal consequences.

In Illinois, sexual assault is a Class 1 felony offense punishable by up to 15 years in prison. If certain aggravating factors are present, such as the possession of a firearm during the alleged attack, the offense is elevated to a Class X felony. Aggravated sexual assault is punishable by a maximum of 30 years behind bars.

Fortunately, criminal defendants have certain rights afforded to them by state and federal law. The first step in defending yourself against false allegations is to understand and invoke these rights.

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What Happens If You Do Not Pull Over for Police?

 Posted on March 18, 2022 in Criminal Law

IL defense lawyerThe last thing most drivers want to see in their rear-view mirror is flashing blue and red lights. Some drivers may even start to panic when they see the police are pulling them over. In a moment of fear or anxiety, the driver may speed off in an attempt to outrun the police. Alternatively, drivers who are not paying attention to their surroundings may not even realize police are attempting to pull them over for a traffic stop. Whatever the reasons, failing to pull over and stop the vehicle for police can lead to criminal charges for fleeing or attempting to elude police.

Fleeing and Eluding Police Officers in Illinois is a Criminal Offense

Illinois law requires individuals to comply with police directions. Police may use the vehicle's sirens, spoken directions, or other means to signal a driver to pull over. If the driver does not pull over, he or she may be charged with fleeing and eluding a police officer. Usually, fleeing and eluding is considered a Class A misdemeanor punishable by a maximum jail sentence of one year and a fine up to $2,500. If you are convicted of misdemeanor fleeing and eluding, you also face a six-month license suspension. It is illegal to drive any vehicle if your license is suspended and doing so can result in additional criminal charges.

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What to Do If Someone Gets an Order of Protection Against You

 Posted on February 11, 2022 in Domestic Violence

IL defense lawyerIn Illinois, alleged victims of domestic violence, threats, abuse, or harassment may get an order of protection against the supposed abuser. If you recently found out that someone got an order of protection against you, you may be surprised and confused. You may not know what to do next. You may also be concerned about what will happen if you violate the terms of the protection order (either voluntarily or involuntarily). In a situation like this, it is highly recommended that you speak to a criminal defense attorney for help. Your lawyer can explain exactly what you are up against and what the next steps are.

Assert Your Right to Remain Silent

The first thing you need to know if you were accused of domestic violence or subjected to a protection order is that you have rights. Criminal defendants have the right to remain silent and avoid incriminating themselves. It is important that you take advantage of this right. If police try to interrogate you, you have the right to say nothing.

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Fighting Charges for Possession with Intent to Distribute in DuPage County

 Posted on January 13, 2022 in Drug Crimes

IL defense lawyerWhen it comes to drug crimes, the penalties associated with a conviction vary dramatically. The penalties for possessing a small quantity of a controlled substance are much different than penalties for the manufacture or delivery of a controlled substance.

In Illinois, being a “drug dealer” is considered to be a much more serious offense than being a drug user. The type of controlled substance allegedly in a defendant’s possession also influences the criminal penalties he or she may face. For example, selling a small quantity of marijuana is only a misdemeanor offense. By comparison, selling a small quantity of heroin or fentanyl is a Class 1 felony punishable by up to 15 years in prison.

If you or a loved one were charged with drug possession with intent to distribute, contact a criminal defense lawyer for help right away.

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Do You Automatically Get a DUI if You Blow Over 0.08 in Illinois?

 Posted on December 07, 2021 in DUI

DuPage County Criminal Defense LawyerMost people are familiar with the blood alcohol content (BAC) “legal limit.” In Illinois and 48 other U.S. states, the blood alcohol limit is 0.08 percent. However, few really understand what that means. You may ask yourself, “Does having a BAC over the legal limit mean I will be convicted of drunk driving?” or “Can I beat DUI charges even if I fail a breathalyzer?”

Understanding Breath Alcohol Tests

There are two main types of breath tests or “breathalyzers” used in Illinois. Usually, when a police officer stops someone and recognizes signs of potential intoxication, the officer will ask the driver to blow into a breathalyzer machine. This roadside breath test is different from the breath tests conducted at the police station. Roadside tests are preliminary tests used to justify a drunk driving arrest. However, these tests are not foolproof, and preliminary BAC test results are not admissible as evidence in a DUI case.

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Knowing Your Rights After a Sting Operation or Drug Bust

 Posted on November 03, 2021 in Drug Crimes

Wheaton Criminal Defense AttorneyDrug overdoses lead to thousands of deaths in Illinois every year. Consequently, law enforcement is constantly looking for ways to suppress the manufacture and sale of illicit substances. One way police locate and arrest alleged drug manufacturers and drug traffickers is through sting operations. If you or a loved one were the subject of a sting operation or drug bust, it is important to seek legal counsel immediately. An experienced criminal defense lawyer can ensure that your rights are protected and build a strong defense against the charges.

Are Undercover Sting Operations Legal in Illinois?

The term “sting operation” refers to a police strategy intended to catch criminals in the act.  Law enforcement officers may go undercover and pose as someone who is seeking or selling illegal drugs. Once the transaction has taken place, the officers reveal their identity and arrest the suspects. Sting operations such as these are legal. A police officer is legally permitted to lie and deceive criminal suspects.

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Is Breaking Into A Car A Felony In Illinois?

 Posted on October 06, 2021 in Criminal Law

wheaton defense lawyerPolice recently arrested three teens who allegedly broke into several cars one night in Elmhurst, a town on the DuPage and Cook county border. Area residents called the police after seeing the teens pulling on car door handles. An investigation revealed that they allegedly gained entry to three cars and stole from one. Police charged the teens with one count of Burglary to a Motor Vehicle and two counts of Criminal Trespass to a Motor Vehicle.  Burglary involves an unlawful invasion of privacy. Furthermore, entering a property without permission can lead to violence between the offender and property occupants. For these reasons, burglary is considered a felony offense in Illinois. 

Burglary to a Motor Vehicle

According to the Illinois Criminal Code, there is only one definition for burglary. Burglary occurs when:

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