Posted on January 24, 2024 in Criminal Defense

If you have been arrested, your first thought may be that you will automatically be found guilty of the charges, and there is nothing you can do to stop that process – even if you are innocent of what you are being accused of. The truth is that many of the cases brought before the criminal court system are dismissed before they ever get to trial or dismissed during the trial. The following are some of the most common reasons a case can be dismissed. To learn more or to arrange to have your case evaluated, contact an Illinois defense lawyer.

Insufficient Evidence

One of the common reasons criminal charges are dismissed is because there is a lack of sufficient evidence to support the charges. In criminal proceedings, the prosecution bears the burden of proving the defendant's guilt “beyond a reasonable doubt.” If the evidence presented by the prosecution is insufficient, contradictory, or weak and fails to meet this required standard, the court may dismiss the case. This dismissal ensures that individuals are not unfairly subjected to criminal charges without a solid basis for their prosecution.

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 Posted on January 08, 2024 in License Reinstatement

In 2021, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule about the consequences for commercial truck drivers who test positive for drugs. That new rule will finally go into effect in November. The delay is to give truck drivers already classified as “prohibited” in the FMCSA’s Drug and Alcohol Clearinghouse a chance to take the steps to remove that label. Under the new rule, any commercial driving license (CDL) holder who tests positive for drugs or is currently on the prohibited list will lose their CDL.

The following is a brief overview of the new rule. Contact an Illinois defense attorney for legal assistance if you have questions or concerns about your CDL.

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 Posted on December 19, 2023 in Criminal Defense

If you have been served with an order of protection (sometimes called a protection order), you likely have many questions. The following is a brief overview of what receiving an order of protection means. However, it is important to remember that each order of protection is different, depending on what type of restrictions the court imposes, and these factors may or may not be applicable in your case. If you have been served with an order, it is best to consult an Illinois defense lawyer to determine your situation.  

Possible Restrictions

In Illinois, there are four types of protection orders that can be issued:

• Order of protection issued in domestic abuse cases where the parties have a known relationship.

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 Posted on December 07, 2023 in Criminal Defense

A drug possession conviction can have significant and long-lasting consequences that impact various aspects of a person’s life. Illinois law classifies drug possession as a criminal offense, and the penalties can vary depending on the type and quantity of drugs involved. This is why anyone charged with drug possession should contact an Illinois criminal defense lawyer right away. The following are some of the consequences of a drug possession conviction.

Criminal Record

A drug possession conviction results in a criminal record. A criminal record can have far-reaching consequences, affecting future employment opportunities, housing options, and educational prospects. Many employers and landlords conduct background checks, and a criminal record can be a barrier to securing a job or finding suitable housing.

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 Posted on November 20, 2023 in Traffic Violations

Commercial Driver's License (CDL) holders are held to a higher standard when it comes to obeying traffic laws and regulations. Moving violations committed by CDL drivers can have serious consequences, not only for the driver but also for their employer and the safety of others on the road. The following are some of the most common CDL moving violations. Contact an Illinois defense lawyer for legal assistance if you have been cited.

Speeding

Speeding is one of the most common moving violations committed by CDL drivers. Excessive speed endangers the driver and poses a significant risk to other road users. CDL holders often drive large, heavy vehicles, requiring more time and distance to stop safely. When a CDL driver is caught exceeding the posted speed limit, they may face fines, points on their license, and potential suspension or revocation of their CDL. Additionally, speeding violations can negatively impact a driver's safety record and their ability to find employment in the future.

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 Posted on November 07, 2023 in DUI

Under Illinois law, driving under the influence (DUI) is a serious offense that can have significant legal consequences. Many people charged with DUI assume that the arrest will now automatically mean a guilty finding; however, there are a number of legal defenses that may be available to cause reasonable doubt in a jury’s mind, and that can ultimately lead to a not guilty verdict. The following are three of the most common DUI defenses an Illinois criminal defense lawyer may use.

Lack of Probable Cause

One of the most common defenses to a DUI charge is challenging the arresting officer's probable cause for the traffic stop and subsequent arrest. Law enforcement officers must have a valid reason to pull over a vehicle, such as observing a traffic violation or having reasonable suspicion that the driver is impaired. If the initial traffic stop was made without proper cause, any evidence obtained following that stop may be ruled inadmissible by the court. This can include the results of field sobriety tests, breathalyzer or blood tests, and the officer's observations of the defendant's behavior.

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 Posted on October 18, 2023 in Criminal Defense

Driving under the influence of cannabis is a serious offense with significant consequences in Illinois. Even though Illinois legalized recreational cannabis for adult use in January 2020, it is still illegal to operate a vehicle while under the influence of the drug. Being accused of driving under the influence of cannabis can result in severe legal penalties. If a police officer suspects a driver is impaired, they can conduct chemical testing to measure the level of THC (the psychoactive component of cannabis) in the driver's blood. If the THC concentration exceeds the legal limit, the driver will be arrested and face serious consequences. If you have been charged with DUI, it is important to consult with an Illinois defense attorney.

Consequences of a Cannabis DUI Conviction

The legal limit for THC in the blood in Illinois is five nanograms per milliliter in whole blood and 10 nanograms per milliliter for THC metabolites in other bodily substances. If a driver's THC level exceeds these limits, they can be charged with a DUI offense. A DUI conviction can result in fines, mandatory community service, probation, and potential imprisonment, depending on the severity of the offense and whether the driver has any prior DUI convictions.

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 Posted on October 06, 2023 in Criminal Defense

Hate crimes are criminal acts committed against individuals or groups because of their race, religion, ethnicity, gender, sexual orientation, or other protected characteristics. A new report reveals that Illinois is seeing a significant increase in the number of antisemitic acts, hate crimes, and white supremacist activities. Under Illinois law, hate crimes are treated with the utmost severity to combat prejudice and discrimination, and being charged with a hate crime is a serious legal matter that carries significant consequences if convicted. If you have been charged with a hate crime, it is imperative to contact an Illinois criminal defense lawyer right away.

Hate in the Prairie State

The report, Hate in the Prairie State, was compiled by the Anti-Defamation League (ADL) and reveals that Illinois has had an 80 percent increase in attacks, hate speech, and extremism over the past two years. Incidents of antisemitism increased 128 percent in 2022 from the previous year. The number of white supremacist propaganda incidents increased 111 percent during that same time period. In the past two years, the ADL has documented four white supremacist extremist events, including protests and marches.

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 Posted on September 19, 2023 in Criminal Defense

Facing DUI charges can be a stressful – even frightening – experience. Whether this is your first offense, or you have prior convictions, navigating Illinois' DUI legal landscape requires legal knowledge and strategy. The following are some common FAQs about drunk driving charges in Illinois, including what the legal limits are, what the potential consequences are, and the importance of seeking legal assistance from a qualified Illinois defense attorney.

What Are the Legal Blood Alcohol Concentration (BAC) Limits in Illinois?

Under Illinois law, a driver who is aged 21 years of age or older is considered legally intoxicated if their BAC is 0.08 percent or more. If a driver is under the age of 21, the legal limit is 0.04 percent. Commercial drivers are also considered over the legal limit if their BAC is 0.04 percent or higher.

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 Posted on September 07, 2023 in Uncategorized

Historically, when a person is arrested and charged with a crime, depending on the nature and severity of the crime, the court will determine the amount of bail the defendant (the person arrested) would need to post to be released from custody until their trial. The purpose of bail is to ensure the defendant shows up for all their court dates. If a defendant does not have the money to post bail, they are forced to sit in jail until their case is resolved.

Criminal justice reform advocates argue that the cash bail system unfairly punishes poorer defendants who do not have the money to post bail, while defendants in higher income brackets are able to walk around free until their trial. This was one of the driving forces why Illinois passed a law in 2021 eliminating cash bail. After much debate and court battles, the law will finally take place this month. The following is a brief overview of the new law. For more detailed information and to make sure your rights are protected if you have been arrested, make sure to speak to an Illinois criminal lawyer.

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