Posted on May 29, 2020 in DUI

We work very hard for our clients to help them achieve the best result in court, but sometimes the best option involves taking a plea deal to avoid the potential of a much more unfavorable outcome. Knowing about your plea options can help you make the best decision for your DUI case, so we want to lay out what’s available to you in today’s blog. Below, we take a closer look at your plea options if you’re facing a DUI charge in Illinois.

Three Plea Options

On the surface, there are three main ways you can plead when you’re called on in court. You can:

1. Plead Guilty – Pleading guilty means you admit guilt to the levied charges.
2. Plead Not Guilty – This statement suggests that you do not feel the charges are fair and you plan to contest the acquisition of guilt in court.
3. No Contest – You are not admitting guilt for the charges, but at the same time, this admission means you are not going to contest the charges in court and the court can determine your punishment. It’s very similar to pleading guilty, but it holds its own category.

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 Posted on May 22, 2020 in Criminal Law

Assault sounds like a serious crime, and the way it is penalized in Illinois, it’s clear that the court feels the same way. And while some assaults can be significant and cause a good deal of physical damage, you may be surprised to learn that you can be charged and convicted of assault without ever touching another person. Because assault carries serious potential penalties, and because of the low threshold it takes to be charged with the crime, it’s imperative that you know some of the best ways to defend yourself against an assault charge. We spotlight some of the more common defenses in today’s blog.

Defenses To The Crime Of Assault

If you are charged with simple, aggravated or felony assault, it’s imperative that you contact a defense lawyer to learn about your options. Considering what’s on the line, it’s often best to hire a firm to represent you at trial. Here’s a look at some of the avenues your lawyer might pursue when working to get your assault charge dismissed.

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 Posted on May 15, 2020 in DUI

The easiest way to beat a DUI charge in Illinois is to avoid getting behind the wheel when you’re intoxicated in the first place, but nearly 100 people are arrested for drunk driving every day in Illinois, so we need defense strategies instead of just preventative actions. There are a number of ways to challenge the validity of your DUI arrest or the charge itself, and we want to quickly run through 15 of the most common ways we often challenge these arrests. For a more individualized plan to contest your DUI charge, reach out to our firm for a free case review session today.

Common Ways To Fight An Illinois DUI Charge

Here’s a quick look at 15 avenues we may look to explore when contesting your DUI charge.

1. Breath Test Accuracy – We may contest the accuracy of the breath test results or work to determine that the device itself has not been serviced properly.

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 Posted on May 07, 2020 in DUI

The weather is warming up, and that means ATV season is beginning here in Illinois. Riding your ATV through the woods or along a secluded trail can be quite the experience, but we also get a number of calls each year from clients who run into a little trouble on their all-terrain vehicle. The most common ATV-related call we receive is about operators who have been charged with DUI on their ATV.

A driving under the influence charge is not unique to a motor vehicle like a car or a truck. In Illinois, a motorized vehicle that is primarily used for transportation can be subject to Illinois DUI laws, which means your ATV, your boat and even a golf cart are in play for a DUI. Below, we take a closer look at ATV-related DUI charges in Illinois, and what you should do if you’re facing a charge of riding while intoxicated.

DUI On An ATV In Illinois

Riding on an ATV tends to lend itself to drinking and driving more so than a standard vehicle. Many ATV trails take riders past bars or restaurants that serve alcohol, and if you’re going to be riding for a good portion of the day, you’ll likely stop to eat, and if you’re with a group of friends it doesn’t take much for a round or two of beers to be purchased.

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 Posted on April 30, 2020 in Criminal Law

If you have a job that requires you to have a valid commercial driver’s license (CDL), you know how important it is that you maintain that license, otherwise you may quickly find yourself out of a job and an income source. CDL drivers are oftentimes tasked with carrying important and even dangerous freight, so Illinois doesn’t look lightly on traffic violations from those tasked with shipping those goods. You can have your CDL suspended for as few as one or two traffic violations, so it’s important to know what to do if you ever find yourself fighting a traffic charge that threatens your commercial driver’s license.

CDL Suspension In Illinois

Under Illinois law, you can have your CDL suspended if you commit two serious traffic offenses. Serious traffic offenses include by are not limited to instances of:

• Excessive speeding
• Reckless driving
• Overriding a lane control device
• Illegal passing
• Failing to safely negotiate an accident or disabled/emergency vehicles

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 Posted on April 24, 2020 in Family Law

Regardless of whether you’re parting on peaceful terms or it is a less than amicable split, a divorce can be a stressful situation that leaves you with more questions than answers. One of the most common questions we hear in our family law division is whether or not you need a lawyer to help with your divorce.

We’re always careful with how we answer that question, because the short answer is no, you do not need a lawyer in order to process and finalize your divorce. However, you’ll almost assuredly want one. We explain why in today’s blog.

Do I Need A Divorce Lawyer?

When someone asks us if they need a lawyer for their divorce, even if they are splitting on good terms with their spouse, we liken the situation to whether or not you need a mechanic for a check engine problem in your car. Even if you understand cars better than the average person, it’s not a simple process to fix a major check engine problem. You have to run a diagnostics test to figure out what’s wrong, order the right parts, watch Youtube videos of how to fix the problem and then perform the maintenance yourself. It’s going to take significant time and effort, and if one little thing is wrong, it can cause major problems when you’re cruising on the highway.

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 Posted on April 17, 2020 in Criminal Law

If you have been charged with a crime, you’re probably running scenarios through your head and trying to determine your best course of action. For many people, challenging their criminal charge with the help of an attorney is the optimal route, but since they’ve typically never been in this situation before, they often wonder just how up front they should be with their lawyer. In today’s blog, we explain how open you should be with your lawyer and why it’s so important to have an honest conversation with your legal team.

Should You Tell Everything To Your Lawyer?

Should you tell the full truth and nothing but the truth when talking to your lawyer, or should you avoid telling things that could cast doubt over your innocence? Before we answer this question, we want to share a piece of advice that we’ve learned along the way.

If a lawyer only defended innocent clients, they wouldn’t stay in business long.

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 Posted on April 10, 2020 in Criminal Law

If you’ve been charged with a crime, you may be wondering if you can get the details of that case sealed or expunged from your record. Sealing records mean case details are kept confidential and not accessible to the general public, whereas an expungement means all records of the incident are destroyed or returned to you. Beginning January 1 of this year, Illinois expanded which arrests and convictions are eligible for expungement. Convictions for marijuana-related offenses are now eligible for expungement, so we’re going to explain the qualifying factors and how you can go about getting your criminal record expunged.

Expungement In Illinois

For a number of different criminal offenses, it is often very difficult to get your record expunged in Illinois. In fact, expungement is typically only available to those who were never convicted of their crime. However, that changed a little at the start of 2020 when Illinois legalized recreational marijuana use.

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 Posted on April 03, 2020 in Criminal Law

In what is believed to be the first such case in Illinois, a man in the southeastern portion of the state faces up to a year in jail after prosecutors argue he violated a self-isolation order and exposed countless others to the coronavirus.

According to the criminal complaint, a 36-year-old man stopped at a gas station so his 4-year-old son could use the restroom. During the visit, an employee recognized the man from high school and knew that man was supposed to be in quarantine because he shared his story on Facebook. After the man left the store, the employee alerted his supervisor, who contacted the authorities.

“The individual entered into a Jasper County business and was clearly not self-isolating,” said Chad Miller, the state’s attorney in the county. Miller said the man’s actions “showed a willful and wanton disregard for the safety of others.”

Should He Face Charges?

The man at the center of the case is Jason Liddle, and he believes he is being singled out by the state. He says he never tested positive for the coronavirus and was only told to isolate by his physician. Liddle said he did not go to work during the isolation period and was doing a half-hour drive to his in-law’s house with his family when his 4-year-old asked to use the restroom. Liddle said he took his son to the restroom and was careful not to get close to anyone else, but he was recognized by a high school classmate who worked at the gas station and everything blew up from there.

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 Posted on March 27, 2020 in Criminal Law

Although driving is considered a privilege in the state of Illinois, that doesn’t mean police can pull over any driver they choose in order to conduct a traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and we’ve won many cases challenging the constitutionality of a search. Below, we take a closer look at when police are legally allowed to conduct a traffic stop and what you can do if you believe you were unconstitutionally stopped in Illinois.

Legal Right To Stop A Driver

There are a few factors that allow a police officer to legally stop a driver. The most common instance is when the officer witnesses a driver commit a driving infraction. It doesn’t matter whether the driver is knowingly breaking the law (like speeding) or unknowingly breaking the law (driving with a broken tail light). If they are in violation of a driving law, an officer can conduct a traffic stop.

It’s also worth noting that the reason for the traffic stop does not need to be related to the eventual charges the driver faces. For example, if you were pulled over for expired license plates and the officer realizes after speaking with you that you may be under the influence of alcohol, you can still face DWI charges even though the basis for the stop was for an unrelated matter.

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