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Do Drug Addicts Receive Automatic Jail Time After Being Arrested? 

 Posted on November 07, 2023 in Criminal Law

Naperville Criminal LawyerWhen people struggling with drug addiction are arrested for a crime, many assume that automatic jail time is inevitable. Contrary to popular belief, this is not the case. The legal system recognizes the complexities of addiction and behavioral health, offering alternative options instead of incarceration. If you are facing drug charges and are suffering from a form of drug addiction, contact a lawyer to ensure you understand your rights. You may have access to alternative programs and treatment instead of serving time in jail.

Understanding the Link Between Drug Addiction and Criminal Behavior

Drug addiction often fuels criminal behavior, as individuals may resort to illegal activities to support their substance abuse. However, it is important to recognize that addiction is a disease that requires treatment rather than punishment. The legal system is increasingly acknowledging this connection and seeking alternative solutions that address the root causes of addiction rather than solely focusing on punishment. 

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Can You Get a Hangover DUI the Day After Drinking? 

 Posted on October 11, 2023 in Criminal Law

hangover-dui.jpgDriving under the influence (DUI) is a serious offense as it can have serious consequences for both individuals and the community at large. In Illinois, DUI laws are stringent, and offenders can face harsh penalties. However, what many people may not realize is that even the morning after a night of heavy drinking, they may still be considered DUI offenders under certain circumstances. This is a phenomenon known as a “hangover DUI.” If you are facing charges related to a hangover DUI, a lawyer may be able to help.

Defining a Hangover DUI

Also known as a “morning-after DUI” or “next-day DUI,” it occurs when a person operates a vehicle with a blood alcohol concentration above the legal limit, typically 0.08 percent, even after the immediate effects of alcohol have worn off. In other words, if a person still has alcohol in their system from the previous night’s drinking, they can be charged with a hangover DUI.

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Getting A Divorce During COVID-19 In Illinois

 Posted on October 23, 2020 in Family Law

illinois-covid-divorce_20231011-172230_1.jpgIf you’ve made the decision to move forward with a divorce, you’re not alone. Divorce rates have skyrocketed this year compared to years past, and many believe this spike is in part caused by additional stress fueled by the coronavirus pandemic. However, the pandemic is also affecting how the courts are handling divorce proceedings. In today’s blog, we take a closer look at how Illinois is handling divorces during the pandemic, and what you should do if you’re planning on moving forward with a divorce during these turbulent times.

Divorcing In Illinois Amid The Coronavirus

As we mentioned in the intro, we’re seeing a noticeable increase in the amount of divorce proceedings in Illinois and across the United States. Statistics show that the number of couples interested in a divorce between March and June increased 34 percent compared to the same time period in 2019. This may seem like a stark increase, but it’s not without reason. That time period is generally considered the first wave of the coronavirus pandemic.

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How A Defense Lawyer Can Make All The Difference At Sentencing

 Posted on October 16, 2020 in Criminal Law

defense-lawyer.jpgNot all guilty verdicts are the same. Despite the fact that you may be convicted of a crime, how you reach that point can have a big impact on the eventual sentence you’ll receive for that crime. And considering some of the potential sentences that misdemeanor and felony level offenses carry in Illinois, it’s important that you have a lawyer by your side who can help with all aspects of your case, including sentencing.

Factors That Go Into Sentencing

While the facts of the case will determine whether you’re found innocent or guilty, the culmination of how your case is presented will go a long way in determining your sentencing. Even at sentencing, a smart argument from a lawyer can greatly reduce the sentence you’ll receive. We always work hard to help our clients win a dismissal, but if they are found guilty, our job doesn’t stop there. Just look at some of these sentences we’re been able to help negotiate for our clients.

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How A Lawyer Can Help Change Your Child Support Arrangement In Illinois

 Posted on October 09, 2020 in Family Law

child-support-arrangement.jpgEven in amicable divorces, establishing child custody arraignments can become complex and complicated in a hurry. There’s also the very real possibility that circumstances change that warrant an adjustment to a child custody agreement. But if you are dissatisfied with your current agreement, how can you go about changing the current order? We explain how you do this, and how a lawyer can help with the process in today’s blog.

Modifying Child Custody In Illinois

In a standard child custody case, Illinois requires that at least two years have passed since the original child custody agreement was signed. So if you’re three months into an arrangement and you’re frustrated with how it’s going, it’s unlikely that a court will modify the arraignment. There are circumstances where they will make changes before two years have passed, and we’ll touch on those below, but the goal of a child custody agreement is to foster stability in a child’s life, so changes within the first two years can prove difficult, especially if one party objects to the changes.

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Concealed Carry Violation Penalties In Illinois

 Posted on October 02, 2020 in Criminal Law

conceal-carry-penalty.jpgThe second amendment to the U.S. Constitution grants citizens the right to keep and bear arms, but that doesn’t mean you can carry a firearm anywhere you please in Illinois. There are permits and regulations that must be followed if you plan on carrying a concealed weapon, and the penalties for violating these laws can be severe. Below, we take a closer look at the laws and the penalties regarding concealed carry violations.

Conceal Carry In Illinois

Before a person can apply for their concealed carry license, they must first obtain what’s known as a Firearm Owner’s Identification Card (FOID). The FOID is what allows you to purchase and possess a firearm in Illinois, and you do not need a concealed carry license in order to transport firearms as long as they are unloaded and in an enclosed case, like what many hunters do each fall. We have a more thorough explanation of FOIDs and how to obtain them in this blog.

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Passing a School Bus Violation In Illinois

 Posted on September 25, 2020 in Criminal Law

passing-school-bus-violation.jpgSchool is back in session, and odds are you’ve seen those big yellow buses on your morning or afternoon commute. Buses are carrying some precious cargo, which is why Illinois penalizes drivers harshly for driving illegally around these vehicles. In fact, the state just recently increased the penalties for stop arm violations. Below, we take a closer look at how school bus stop arm violations are penalized in Illinois.

What Is A Stop Arm Violation?

As the name implies, a stop arm violation is a citation for illegally passing a school bus that has its flashing warning lights and stop arm engaged. More specifically, it is illegal for a driver to pass a school bus with its lights and stop arm engaged while it is stopped to pick up or discharge passengers. It doesn’t matter if it’s in a roadway or parking lot, if you’re caught passing a stopped school bus with its lights on and arm engaged, expect to be ticketed.

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Understanding the Illinois Speeding Ticket Point System

 Posted on September 18, 2020 in Traffic violation

speeding-ticket-point-system.jpgLike many states, Illinois has a point system attached to speeding violations that acts as a way to help drivers understand how close they are to potentially losing their license for too many driving infractions. But how many points is a speeding citation worth, and how many points are you allowed to receive in a given period? We explore Illinois’ speeding ticket point system in today’s blog.

How Many Points Is My Speeding Ticket Worth?

Every speeding ticket in Illinois carries a minimum of a five point penalty, and the points increase as your speed over the posted limit increases. Here’s a look at how many points each speeding violation is worth:

  • 1-10 MPH over the posted speed limit – 5 points
  • 11-14 MPH over the posted speed limit – 15 points

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Fleeing Or Eluding Police Penalties In Illinois

 Posted on September 11, 2020 in Criminal Law

fleeing-police.jpgNobody likes to see the red and blue lights in their rearview mirror, but you can make a bad situation even worse if you decide not to pull over for an officer who has directed you to do so. Failing to pull over when directed is considered an attempt to flee or elude police, and depending on the circumstances, it can be a misdemeanor or felony offense. In today’s blog, we take a closer look at the crime of fleeing or eluding police in Illinois, and how you can defend yourself against the charges.

Fleeing and Eluding Police In Illinois

The crime of fleeing or eluding police is laid out in 625 ILCS 5/11-204, which states:

“Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor.”

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Arrested For DUI Over Labor Day Weekend In Illinois

 Posted on September 04, 2020 in DUI

dui-labor-day-weekend.jpgLabor Day weekend is almost upon us, and if you’re just counting down the last few hours in your cubicle until the long weekend is here, you’re probably thinking about the fun things you’re hoping to do this weekend. Maybe you plan on catching up with friends and family, or maybe you’re just planning on kicking back and relaxing. However, you plan to spend the long weekend, if alcohol is involved, make sure you don’t get behind the wheel and drive.

Labor Day weekend is one of the most dangerous weekends on the roads in Illinois and across the US. Weather conditions are still ideal, meaning people can travel at faster speeds, and the long weekend gives people more opportunities to consume alcohol. Coupled with the fact that there will be more drivers on the road, and you can see it could be a recipe for DUI disaster.

Illinois police have already announced that they will be conducting extra DUI enforcement throughout the long weekend as part of the nationwide “Drive Sober or Get Pulled Over” campaign. Alongside extra patrols on major roads, police across the state have also announced a number of DUI checkpoint locations, so they will be doing everything they can to keep inebriated drivers off the road.

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