Posted on June 12, 2019 in DUI

There are many Do’s and Don’ts when it comes to a DUI stop. Outlined below are the best and worst practices of a DUI stop. Follow these guidelines if you’re ever pulled over for drinking and driving in Illinois.

What to Do:

It is always a good idea to keep your driver’s license and proof of insurance with you while driving. In fact, it’s the law. When you’re pulled over, the officer will undoubtedly ask for these. Have them out and ready before the officer approaches your vehicle. This will demonstrate that you’re of sound mind and will prevent the officer from observing you fumble around in the glove compartment.

Insist upon your right to speak with an attorney before answering any questions, taking any tests, or signing any documents.

You have the right to remain silent. You do not have to answer any of the officer’s questions regarding how much you’ve had to drink or where you’ve been. Provide the officer with the necessary identification information, then stop talking. Invoke your right to remain silent and calmly inform the officer that you do not wish to answer any questions.

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 Posted on June 05, 2019 in DUI

Drunk driving is a serious problem with serious consequences. It is important that all Illinois drivers be aware of the consequences of drunk driving.

Criminal Consequences

Criminal consequences of a DWI charge include: bail and conditions of release from custody, jail time, probation, court-ordered chemical dependency evaluation, and random testing.

Jail time and fines vary based on the degree and circumstances of the DUI charge.

Probation is meant to help the DWI offender in reintegrating into society as a law abiding citizen. While on probation, offenders are subject to random drug and alcohol testing. They are also often required to obtain a chemical dependency evaluation and psychological assessment.

Chemical dependency evaluations are used to determine how dependent a person is on a chemical such as drugs or alcohol. These are very commonly required following a DUI charge. If a dependency is found, the DUI offender is usually required to seek treatment in the form of rehabilitation, Alcoholics Anonymous meetings, and other mandatory classes.

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 Posted on May 29, 2019 in Juvenile Crime

Introduction, Definition

In our tech-savvy society, cyber-bullying has become a rampant problem. Bullies not only push and shove on the playground; now they also insult and harass on the internet, hiding safely behind a mask of anonymity.

Cyber-bullying is the repeated harassment of a person through an electronic medium, such as e-mail, text messaging, or social networking sites (Facebook, Twitter, etc.). It is most prevalent among children and teenagers who have access to these modes of communication at increasingly younger ages. According to the National Crime Prevention Council, 43% of teenagers report that they have been victims of cyber-bullying.

Cyber-bullying is often much more severe than traditional bullying because it allows the bully to hide behind an electronic façade. This permits the cyber-bully to be much harsher than he/she would be in person. The intensity of this harassment can have terrible psychological effects on victims.

Types, Examples

There are varying types of cyber-bullying. The first, and most common, is when a person is harassed by a cyber-bully via inappropriate or degrading texts, e-mails, or other electronic messages. Another type occurs when a cyber-bully hijacks a person’s identity (i.e. their Facebook profile) and defames their character by acting inappropriately in the social media sphere. All forms of cyber-bullying are dangerous and detrimental to a person’s emotional well-being.

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 Posted on May 22, 2019 in DUI

Driving Under the Influence (DUI) is a very serious, yet common, crime in Illinois. It is important that all drivers in the state familiarize themselves with the laws, consequences, and defenses of the Illinois DUI laws.

What is a Illinois DUI?

Many factors must be in play in order to convict a person of DWI. A person can be convicted of a DWI when that person drives, operates, or is in physical control of a motor vehicle:

1. When the person is under the influence of alcohol or a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair their ability to drive or operate a motor vehicle; or
2. When the person is under the influence of a combination of any two or more of the elements named above; or
3. When the person’s Blood Alcohol Concentration (BAC) at the time or as measured within two hours of the time of driving, operating, or being in physical control of the motor vehicle is .08 or more; or

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 Posted on May 15, 2019 in Criminal Law

Being accused of a crime is not a matter to be taken lightly. Even if you didn’t commit a crime, the accusation alone can have serious legal consequences. Many people assume that because they know they didn’t commit the crime, there is nothing to worry about. This is not true. Many have been falsely accused, convicted, and punished for terrible crimes they never committed. Being falsely accused is a serious matter that must be handled delicately. These are the five best things you can do if falsely accused of a crime in Illinois:

Realize the Seriousness of Your Situation

As mentioned above, being accused of a serious crime, such as rape, assault, or murder, is a gravely serious matter. Defending your innocence is going to be pricey. In addition to hiring a good criminal defense lawyer, numerous expert witnesses (medical doctors, chemical dependency experts, etc.) must often be called to give testimony.

Educate Yourself

You are essential to your own defense in a false accusation case. You do not need to go to law school and learn all the intricacies of the legal system—that’s what your defense attorney is for. However, it’s essential that you understand the facts of your case, what you are being charged with, and your civil rights. If you are confused about something, ask your defense lawyer for clarification. The more you know about your case, the better chance you have of defending yourself in court.

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 Posted on May 08, 2019 in DUI

It’s a well-known fact that an Illinois DUI charge affects your driving privileges. But what most people don’t understand is the impact a DUI offense can have on their auto insurance costs.

After a DUI Charge

After receiving a DUI charge, it will likely take your insurance company 6 to 12 months to check your record and make arrangements to cancel your policy. Once your insurance carrier finds out about your charge, the average rates for auto insurance will double compared to preferred carrier rates.

Your insurance company can’t immediately cancel your policy after becoming aware of your DWI arrest. They must first give you notice of cancellation. This will give you a short amount of time to find another insurance company.

The degree (or level) of DWI makes no difference to the non-standard or high risk insurance companies in terms of increased costs. DWIs have become so common that some carriers do not charge as much for just one DWI charge. But, a DWI charge that is “reduced” to a careless or reckless driving offense can increase your auto insurance.

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 Posted on May 01, 2019 in Criminal Law

Recently we had a client who was accused of inappropriate conduct with the underage daughter of an ex girlfriend. S/He learned of the accusation when the police called him and wanted him to come in. This IS a trap. I’ll explain below.

Luckily for the client S/He contacted our firm. We went with him to the police interview. The client brought cash so that he could bond himself out. After waiting in line to finally talk to the police, Tim was able to check in.

The conversation went like this:

• “My client is here to turn himself in, Detective X wanted him to come in.”
• “What is he charged with?”
• “He isn’t charged yet. “
• “What did he do?”
• “Nothing, that is why we don’t know why the Detective wants to talk to him.”

The officer calls back and two detectives come out. We go into a conference room. I introduce myself to the Detectives, get their names and badge numbers, and inform them that my client is asserting his Fifth Amendment right to remain silent. The Detectives acknowledged their understanding of this, took my client into custody, and began the booking process.

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 Posted on April 24, 2019 in DUI

Field sobriety tests are a common tool used by police officers to gather evidence against a person they believe was driving under the influence. Based on the results of these tests, the officer makes a determination as to whether or not to arrest the driver for DUI. That being said, these tests are not always a great indication of a person’s intoxication. In this article, we are going to talk about the three most common field sobriety tests and what you need to know about each of them.

One Leg Stand

This is perhaps the simplest field sobriety test. The officer asks the driver to raise a foot about six inches from the ground and count out loud while keeping your hands by your sides. This test is meant to examine a person’s ability to balance – which can be impaired as a person becomes intoxicated. If you put your foot back down, flail your arms for balance, or sway your body, the officer may take that as an indication of intoxication.

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 Posted on April 17, 2019 in Civil law

Our firm just won a small claims case in DuPage County. The client had hired a painter. The painter was claiming that he was never paid. Our client said that the painter had been paid for the work to be done and that the work was unfinished and not up to snuff. Small claims cases in DuPage County are for disputes less than $10,000.

The painter represented himself, this is known as going Pro Se. While not as bad a decision as performing your own surgery without training, it is still a bad decision for most people.

In the small claims court the Judge can relax the rules of evidence somewhat and can provide some help to a Pro Se litigant. The painter was unable to establish any sort of argument or to tell the court what he was after. His wife was somewhat more helpful to his case.

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 Posted on April 10, 2019 in Criminal Law

Having a criminal charge on your record can make life difficult – especially for young people who are trying to get into college and apply for jobs. But having a criminal record is not a death sentence that prevents you from going to college. In this article, we are going to offer up a few tips for applying to college when you have a criminal record.

Don’t Try to Fool the Admissions Office

Honesty is the best policy when it comes to applying for a job or college with a criminal record. If you are asked on an application form or in an interview whether or not you’ve been convicted of a crime, don’t lie. Tell the truth. It is extremely easy for them to do a background check to see if you have been convicted of a crime. If they find out you lied about it, that’s a guarantee that you won’t be accepted.

Don’t Share More than you Need to

While you should always be honest when asked about your criminal history on an application, you don’t need to share every single detail. If you aren’t asked about your criminal history, there’s no need for you to bring it up.

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