1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001


Notice: A non well formed numeric value encountered in /home/ocvhgcloud01/public_html/system-joomla-shared-core/components/com_easyblog/models/blog.php on line 749
Recent blog posts

IL CDL attorneyCommercial truck drivers are held to incredibly high standards. Every single action they take is heavily monitored and scrutinized, and for good reason. Considering the size and braking capabilities of the vast majority of commercial trucks, ensuring the safety of other travelers can only be possible through the strict enforcement of regulatory standards. A CDL violation can come with life-changing ramifications. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable attorney.

The Implications of a CDL Violation

CDL violations can come in any number of forms. A violation can be strictly centered around driver error, such as a speeding citation, erratic lane changing, or following another vehicle too closely. In other instances, a violation can come from a driver violating their contract and using drugs or alcohol while on the job. Some of the most common violations have nothing to do with the driver themselves and are caused by negligence on the part of the trucking company. These violations can include falsification of driving log hours or operating an overweight cargo. Regardless of the type of violation, it is time for you to react.

In many instances, a violation will result in an automatic suspension of your CDL (these violations include excessive speeding, drunk driving, or other forms of criminal conduct). If you have been falsely charged with a violation, it is time to speak with your attorney. For instance, if you were accused of speeding but the truck speed limit sign was noticeably difficult to see, you may be able to have the violation removed from your record.

...

IL defense attorneyHere in the state of Illinois, severity of drug possession charges can depend on a number of criteria. Much like in many other states, the severity of potential criminal charges will mostly depend on the amount of narcotics and the type of substance. Recognizing the fact that Illinois is facing major issues involving drug use and drug-related fatalities, the state decided to establish the Illinois Controlled Substances Act designed to criminalize possession and intent to distribute certain controlled substances. Below we will discuss how a drug possession charge can impact you, and how you should react if you have been charged with drug possession.

Drug Possession in Illinois

A lot has changed in the past year, as it pertains to drug possession law in the state of Illinois. The Cannabis Regulation and Tax Act will go into effect in January, changing how law enforcement officials will regulate the recreational use of marijuana. With the passing of the new law, a person will now be able to legally possess up to 30 grams of marijuana. If a person is apprehended with anywhere from 30 to 100 grams, they will face misdemeanor charges, up to one year in prison, and fines as high as $2,500.

While the perception and legality about marijuana have changed statewide, the view on other drugs has not. Possession of substances such as heroin, cocaine, and morphine will result in felony charges. If convicted, the person charged could face an incredible $200,000 in fines. If a person is apprehended with upwards of 15 grams of these substances, they could spend anywhere from four to 15 years in prison. Recovering from a drug charge on your permanent record, and crippling fines can be a tall order for any person. Fortunately, a quality legal professional may be able to help you avoid a conviction altogether.

...

Posted on in DUI

IL DUI lawyerAfter being convicted of a DUI, it is common to feel helpless or depressed. For many people convicted of driving under the influence, the hardest post-conviction adjustment is living without driving privileges. Fortunately, for many convicted drivers, it is possible to regain your driving privileges. Below we will examine some forms of licensing you can secure after a DUI conviction, and the steps you need to take to regain your driving privileges.

Types of Restricted Licenses

In 2019, 91% of drivers arrested for driving under the influence in the state of Illinois lost their driving privileges. Fortunately, a suspension or revocation does not mean that the person will be unable to drive.

A first-time DUI offender can obtain a Monitoring Device Driving Permit (MDDP). In order to obtain the MDDP, the driver must go through the Secretary of State’s office. Once the MDDP has been obtained, the driver must install a Breath Alcohol Ignition Interlock Device (BAIID). In short, the BAIID will test the driver’s blood alcohol content before allowing the vehicle to start. If the driver installs the system, they will be permitted to drive without restrictions. That being said, if a driver with an MDDP is caught driving in a vehicle without a BAIID registered to them, they will face potential felony charges.

...

IL defense lawyerHere in the state of Illinois, the way in which a juvenile is tried in court will depend entirely on the crime they committed. If the crime is a serious criminal offense, that would likely constitute a felony charge, such as a sexual assault or homicide charge, they will likely be charged as an adult. For other offenses, such as a minor in possession of drugs or alcohol charge, the juvenile will be tried in juvenile court. While the vast majority of juvenile court mandates revolve around probation, rehabilitation, and possible fines, the long-term implications of a juvenile crime can last a lifetime. Below we will take a brief look at juvenile arrest rates throughout the United States, and the potential consequences a juvenile could face after an arrest.

Juvenile Arrest Rates on the Decline

Nationwide, juvenile arrest rates appear to be on the decline. According to the U.S. Department of Justice, 2016 marked one of the lowest statistical years for juvenile crime in recent memory. Serious juvenile crimes such as violent crimes and robbery with an assault weapon had dropped to their lowest in over 5 years.

Equally encouraging is the fact that juvenile drug arrests were at their lowest level since 1990. In fact, juvenile arrests for all crimes and all racial groups have been declining since 2007. Still, the number of arrests are concerning especially as it pertains to drug and alcohol charges. According to the U.S. Department of Justice’s statistical compiling, more than 36,000 American teens were arrested throughout 2016, for violating alcohol laws. Equally concerning, just under 100,000 American teens were arrested for drug abuse, in 2016 alone.

...

IL DUI lawyerSome people believe that a first-time DUI conviction will not come with significant legal ramifications. This notion could not be further from the truth. While it is true that DUI charges will increase in severity for repeat offenders, a first-time DUI offender can face life-changing implications in the event of a conviction. Below we will examine some of the possible ramifications of a DUI conviction and how you need to react to a charge. If you are facing DUI charges, contact a skilled criminal defense attorney immediately.

The Consequences

The first thing you need to understand is that a first-time DUI conviction constitutes a Class A Misdemeanor in the state of Illinois. Along with potential fines, drug and alcohol classes, community service, and even potential jail time, a conviction comes with a one-year license revocation period. It should be noted that in the state of Illinois, 91% of all drivers arrested for DUI in 2017 lost their driving privileges for some period of time. Outside of the concrete legal consequences, a DUI conviction can result in serious rises in your insurance rates. It is important to understand that there are a number of circumstances that can lead to an elevation of the charge from a Class A Misdemeanor to a Class 4 Felony.

How an Attorney Can Help

Recognizing the legal consequences of even a first-time conviction, it is important to contact a trustworthy and knowledgeable attorney as soon as you are charged with a DUI. First and foremost, a skilled attorney will give you the best chance of avoiding a conviction altogether. Your attorney will work with you in examining the initial traffic stop and the arrest process. If the officer acted in an unethical or unprofessional manner, you may have the charges dropped. For instance, if you were forced to submit to chemical testing. If a conviction cannot be avoided, a quality legal professional can assist you in regaining your driving privileges. A first-time DUI offender can regain their driving privileges through the installation of a Breath Alcohol Ignition Interlock Device (BAIID).

...
Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

Back to Top