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Recent Blog Posts

FMCSA New Rule Goes Into Effect This Year

 Posted on January 08,2024 in License Reinstatement

Blog ImageIn 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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Have You Been Served with an Order of Protection?

 Posted on December 19,2023 in Criminal Defense

Aurora Violent Crimes LawyerIf 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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What Are the Consequences of an Illinois Drug Conviction?

 Posted on December 07,2023 in Criminal Defense

Naperville Criminal Defense Attorney

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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What Are the Most Common CDL Violations Issued by Law Enforcement?

 Posted on November 20,2023 in Traffic Violations

Will County CDL Suspension LawyerCommercial 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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Is It Possible to Fight a DUI Charge in Illinois?

 Posted on November 07,2023 in DUI

DuPage County DUI Defense Lawyer

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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Facing Cannabis DUI Charges in Illinois

 Posted on October 18,2023 in Criminal Defense

Will County Criminal LawyerDriving 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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ADL Report: Hate Crimes Are on the Rise in Illinois

 Posted on October 06,2023 in Criminal Defense

Kane County Criminal LawyerHate 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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FAQs About Illinois Drunk Driving Laws

 Posted on September 19,2023 in Criminal Defense

Aurora DUI LawyerFacing 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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Cash Bail Ends in Illinois in September

 Posted on September 07,2023 in Uncategorized

Aurora criminal defense lawyerHistorically, 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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When Can a Juvenile Be Tried as An Adult in Illinois?

 Posted on August 25,2023 in Juvenile

IL defense lawyerThe Illinois juvenile justice system is designed to provide rehabilitation and support for young offenders, with the goal of reintegrating them into society as law-abiding citizens. However, there are instances when the severity of a juvenile’s crime may warrant treating them as adults in the eyes of the law. Today, we will explore the conditions under which a juvenile can be tried as an adult in Illinois. If your son or daughter has been arrested for committing a crime, regardless of whether they are being tried as a juvenile or adult, contact a criminal defense lawyer who will aggressively safeguard your child’s rights.

Serious Violent Crimes

In Illinois, the majority of juveniles 17 or under are tried in juvenile court for whatever offense they are alleged to have committed. However, certain felonies, such as murder, sexual assault, and armed robbery, to name a few, may be tried in adult criminal court, even if the minor is 16 or 17 years old. This type of treatment by the legal system is reserved for only the most egregious of offenses, as charging a child as an adult is not taken lightly by the court system. Of course, convictions in adult criminal court carry far more severe punishments than in juvenile court.

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