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When Is It Time to Consider a Plea Bargain?

 Posted on July 12, 2024 in Criminal Law

IL defense lawyerThe United States judicial system has a rocky history regarding plea bargains, despite the fact that criminal defense attorneys negotiate plea bargains in about 98 percent of federal cases and 95 percent of state cases. In 1957, the Fifth Circuit Court ruled on the case of Shelton v. United States, which was meant to determine whether plea bargains should be implemented in the criminal justice system. The Court wrote, "Justice and liberty are not the subjects of bargaining and barter."

In 1970, the subject of plea bargains was placed squarely before the U.S. Supreme Court in Brady v. United States. The Court finally embraced plea bargaining as a "mechanism of efficiency that might free up resources" for those cases that did proceed to trial. The Brady decision is noteworthy for bringing plea bargaining out of the shadow, but at the time there was still little regulation or oversight of the process.

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When Minors Are Convicted for Alcohol Offenses in Illinois

 Posted on June 13, 2024 in Underage Drinking

IL defense lawyerAmerica has a legal drinking age that is not decided by states. According to federal law, anyone who is 21 years old or older can legally consume alcohol and anyone younger than that cannot. When someone is caught drinking underage, they could face serious repercussions. If you are facing charges of a juvenile DUI, speak with an experienced DuPage County, IL criminal defense attorney who can review your case and offer you valuable guidance on how best to proceed.

Zero Tolerance in Illinois

The state of Illinois has set the legal blood alcohol content (BAC) at 0.08%. However, when it comes to underage drinking, the state has a zero-tolerance policy. That means that if anyone under the age of 21 is found with any amount of alcohol in their blood, even if it is much lower than the legal limit, the consequences can be very harsh. There are several scenarios that could be punished in specific ways, as follows:

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What Constitutes Online Solicitation?

 Posted on May 23, 2024 in Criminal Law

Wheaton Criminal LawyerOnline solicitation is a serious offense that can lead to severe legal consequences, and it is beneficial to fully understand what constitutes an online solicitation crime. An Illinois lawyer can discuss the potential penalties and defend against these charges. 

What is Online Solicitation in Illinois?

Online solicitation is a serious offense in Illinois, involving the use of the internet or other electronic means to entice, lure, or persuade someone to engage in illegal sexual conduct. This can include soliciting a minor for sexual purposes or soliciting an adult while pretending to be a minor.

Key Elements of Online Solicitation

To prove online solicitation in Illinois, prosecutors must establish certain key elements, including:

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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