630-834-9595
24 Hour Availability 630-675-2788
630-834-9595
24 Hour Availability 630-675-2788
Blog
CALL US TODAY AT 630-834-9595 FOR A FREE INITIAL CONSULTATION
Subscribe to this list via RSS Blog posts tagged in Maywood defense attorney

Illinois traffic violation attorney, Illinois defense lawyerCommercial Driver’s License (CDL) holders go through a difficult process to obtain their licensure. Once achieved, drivers are held to a higher standard within the community, both on and off the clock. Whether in their company vehicle or their personal vehicle, their attention to their driving must be impeccable for risk of losing their license, jeopardizing both their employment and their future. What are some of the top mistakes made by CDL holder’s that can result in traffic violations and put their licensure in danger?

Attempting a Difficult Parking Spot to Avoid the Extra Walk

Did you know that most trucking accidents occur at truck stops? Some of these do involve truckers trying to pull into a closer and tougher parking spot than utilizing the ample space available a few feet away. Large trucks are not known for having a small turning radius, and because of this, you should allow yourself the proper room for maneuverability to avoid a collision. While one accident may not lose your licensure, several just might. Remember that truck and trailer tandem on different tracks and the repair of someone else’s vehicle may be close to $15,000.00, dependent on the amount of damage.

...

Illinois defense attorney, Illinois criminal lawyerSummer is here: the days are long, the nights are short, and the temperature is perfect for relaxation. This time of year, time seems to slow down, enabling society just to enjoy the ride of life. However, this slowdown leads to a particular element of restlessness, leading individuals to find their means to fill the time, often leads to loitering, peace disturbances, and other minor crimes. Unfortunately, many of these behaviors are rolled together into a single criminal charge of disorderly conduct. There are several classifications of disorderly conduct, including infractions, misdemeanors, and felonies. The legal definition of the charge is vague, encompassing many actions that many do not realize are in direct violation of the law.

Infractions and Misdemeanors

Disorderly conduct is an all encompassing charge for a broad range of behavior. The simple form of the definition states that laws are broken when personal behavior alarms or disturbs another person or provokes a break in the peace. This description leaves many citizens unaware that their choices may cause legal trouble. You do not have to cause harm or destroy property, only behaving in a manner that may annoy someone else falls under this catch-all charge. Examples of behaviors that may result in a lower level infraction or misdemeanor include:

...

Illinois defense lawyer, Illinois criminal attorneyWhat happens behind closed doors stays there, unless that behavior infringes upon the rights of another individual to be free from harm. Once accusations of domestic abuse between two people begin, these matters become the business of the state, local police officers, and your attorney. Unfortunately, many of these allegations stem from other agendas of the alleged victim. In many domestic abuse cases, the accusations are unfounded or a self-serving attempt to discredit a spouse in a child custody case. Each case varies from one to the next and utilizing the knowledge and experience of an attorney is advisable as one misstep in this delicate situation can drastically alter your future.

Possible Defenses

It is never advisable to go into a domestic violence case without having the proper legal backup. If you attempt and fail in court, not only is your reputation at stake, but there is the possibility of years of jail time and thousands of dollars in fines, up to $25,000.00 in some cases, not to mention the potential for losing any custodial rights to your children. However, there are a few common defenses that have proven successful in previous court cases given the right circumstances. These are:

...

Illinois DUI attorney, Illinois defense lawyerIllinois notoriously has some of the harshest DUI laws and penalties in the country. If convicted of driving under the influence, your license is automatically taken away through the use of statutory summary suspension. The suspension period varies dependent of how the initial stop progressed. If this is the first DUI on record, there may be programs to assist the outcome. Despite dismal odds, there are defensive options available, given the right circumstances.

What Is a Statutory Summary Suspension?

Unlike a revocation which denies driving privileges indefinitely, a suspension denies this allowance for a predetermined length of time. A statutory summary suspension specifically pertains to DUI. If a chemical test results in a blood alcohol concentration (BAC) of 0.08 or higher of alcohol, other drugs, or intoxicating compounds, your driving privileges are suspended for six months to a year. After the allotted amount of time passes, your license is eligible for reinstatement after the payment of a $250.00 fee if this is the first offense. All reinstatement fees after the first offense are $500.00. If you opt to refuse the chemical testing, Illinois has an automatic suspension of 12 to 36 months.

...

Posted on in Criminal Defense

b2ap3_thumbnail_sixth-amendment.jpgUnderstanding your rights is essential to fighting any criminal accusations. The Bill of Rights are the first ten Amendments to the Constitution created. These rights provide constitutional protection to United States citizens, listing specific prohibitions of governmental power. Along with the right to a reasonable search and freedom of religion, you also have the right to an attorney. Let us look at this amendment in further detail.

The Sixth Amendment

Many people are only familiar with a line or two of what rights this impressive document grants as a whole. Going through each line one-by-one is beyond the scope of this article, so the focus here will remain on the Sixth Amendment. There is a significant amount more to the Sixth Amendment than just the right to legal representation. In its entirety, the amendment says:

...

Illinois defense lawyer, Illinois criminal attorneyWhen introduced to the legal system, the jargon is confusing. With words like arrest and charge used incorrectly on a daily basis, it becomes difficult to understand how much trouble you are facing. Other often misunderstood terminology includes felony and misdemeanor classifications. It is important to discern their differences and their potential penalties to build an appropriate defense case.

The Charges

Every state in the United States has a unique legal system. With it, they also have individualized penalties for crimes based on the severity of each. Two classifications in Illinois are:

...

Illinois defense attorney, Illinois shoplifting lawyerPsychologists believe that, although people are inherently good, when given the opportunity to get something free through stealing, many people are likely to make an attempt. With this in mind, grocery stores and retailers across the country prefer to have a staff member in each department. These employees are intentionally placed to dissuade shoplifting through their presence. Managers and loss prevention specialist believe making eye-contact with someone debating shoplifting discourages the potential offender, keeping them honest and decreasing loss. Although thwarted on the sales floor, there are other opportunities for theft to occur. Money and product are often lost at the checkout counter.

Tactical or Mistake?

Everyone makes mistakes. Upon returning home after a shopping trip, customers will find that - while scanning quickly and providing excellent customer service by having a conversation - the cashier accidentally missed an item, and the store did not receive proper payment. At the self-checkout lane, items mistakenly are not scanned for many reasons, even when passed over the barcode reader. However, this is an opportunity that many use to obtain items without payment. There are two behaviors used most frequently to cheat at self-checkout lanes. These tactics are:

...

Illinois gun laws, Illinois defense lawyerGun laws in Illinois used to be nearly impossible to maneuver outside of a private residence. If an individual were outside of their dwelling in possession of a firearm, weapons charges would be brought up against them. Now, the laws are slightly more lax. However, regulations are still among the most strict in the country. Many people argued and made numerous deals to grant the ability to select individuals to be able to concealed carry. A moment of rage can nearly instantaneously revoke those privileges as well as lead to incarceration.

A Firearm Is a Tool

A firearm is not a toy. It also is not to be used as a form of threat, nor to force someone to do your will. A firearm is simply a tool that may be used to protect yourself and your family from immediate danger. It is not to be used as a deterrent for a crime unless you have reason to believe that you are in a life or death situation. To draw your weapon on another person is to threaten to assert deadly force. Doing so without just cause is illegal. Assess the situation with these guidelines:

...

Posted on in DUI

Illinois DUI attorney, Illinois defense lawyerThe numbers from recent polls indicate that the majority of Americans partake in alcoholic beverages, with beer and wine topping the lists for preference. Other research delves into the reasoning for the consumption, citing social pressure, isolation, and the psychological effects among the top reasons. However, the anxiety-reducing effects that alcohol often ranks above the rest. Many believe that during the high-stress holiday season between Thanksgiving Day and New Year’s Day has a direct correlation with the increase of holiday DUI statistics.

Dangerous Holidays

Although Independence Day took the top spot for the most deadly holiday of 2015 due to the amount of DUI fatalities, coming in closely behind it is “Blackout Wednesday.” If you have not found this date on your calendar, do not be alarmed, it is not an official holiday. Blackout Wednesday is unofficially coined and occurs on the Wednesday before Thanksgiving, Thanksgiving Eve if you will. Christmas Day and New Year’s Eve pale in comparison. Reasons this particular Wednesday resulted in nearly 400 DUI related fatalities in 2015 include:

...

Illinois defense lawyer, Illinois criminal attorneyIt is illegal to take possession of a vehicle without permission; this is stealing. If you are in the market for a used car and accidentally purchase a stolen vehicle, you can also face theft charges. Take proper precautions to ensure that the vehicle is not stolen. Otherwise, you may find yourself caught up in theft charges. After all, possession of a stolen vehicle is considered a Class 2 felony.

Hiding a Stolen Vehicle

A VIN is a 17-digit Vehicle Identification number. No two VINs are identical, similar to a human fingerprint. The identifier tracks all transactions regarding the vehicle, including everything from oil changes to accidents, theft, and sales. A goal of many thieves is to disguise the VIN immediately on an acquired vehicle. Two popular methods to accomplish this are known as VIN cloning and VIN altering.

...

Illinois criminal defense attorney, Illinois defense lawyerAll Americans have certain unalienable rights bestowed upon them by our forefathers, listed in our Bill of Rights. They consist of 10 individual amendments to the Constitution that protect our rights and freedoms. They include our free speech, the right to a fair and just trial, and more. One in particular that exist but is not broadly understood is the Eighth Amendment, the right to reasonable bail.

The Eighth Amendment Understood

Congress passed the Bill of Rights on September 25, 1789, later to be ratified December 15, 1791. The Eighth Amendment says:

...

Illinois defense attorney, Illinois disorderly conduct lawsWhen an emergency arises in which you need the assistance of a first responder (i.e. police, fire department or paramedics), it is in your best interest to call 9-1-1. The operator has direct communication with the personnel you need and will stay on the line with you until assistance arrives. The 9-1-1 system is a useful resource, one that does have limited capabilities based on the number of operators available. The same holds true for all of our emergency responders. If you were to call without a real emergency, you might face charges for disorderly conduct.

How It Causes a Problem

Many dispatch centers have a limited number of operators available to answer phones. They have all heard their share of off-the-wall phone calls, including but not limited to:

...

Posted on in Criminal Defense

Illinois criminal law statutes, Illinois defense attorneyBy definition, stealing is taking possession of something that is not yours, regardless of tangibility. The idea of saving money by taking ownership of something that you did not purchase is not a new idea, however with the birth and growth of virtual items, the list of things available to steal has also grown. Now, the Internet is nearly essential to function in daily life, requiring a monthly internet bill that some budgets cannot cover. Therefore, hacking into someone else’s wi-fi network seems like a valid option. However, this is still a form of theft that can get you into trouble.

Why Is It Stealing?

The Internet is seemingly unlimited, without a visible ownership due to the nature of the product. While some individuals do actively invite complete strangers to use their internet connection by leaving their network open without a password, the majority of the population leans toward their privacy. There are a variety of reasons for people to limit the usage to people they know, including:

...

Illinois DUI attorney, Illinois defense lawyerFor many Americans, moving from one state to another is a chance to start brand new. Moving is an opportunity to leave the person you were behind and to create a new beginning. Occasionally the past can leap out and bite us when we least expect it. What if one of the hidden details from the past is a DUI conviction? How would that affect your standing now that you have moved to Illinois?

The Circumstances

Two different DUI scenarios exist in which what happens in the other state will have a direct impact on an Illinois driving record. These scenarios are:

...

Posted on in Criminal Defense

b2ap3_thumbnail_probation.jpgEveryone makes mistakes. Some are small and some can be life altering. While we cannot go back and change what has already been done, we can, however, learn from our mistakes and move on. This theory is the driving force behind Illinois’ Second Chance Probation, a probation alternative to a conviction.

What Is Second Chance Probation?

For those clients who have never been in trouble with the law before, there may be a multitude of foreign legal terms to learn. Second Chance Probation should be something you push to the top of your list to research. Under certain circumstances, those who have never been previously convicted of a felony offense, or granted a special diversionary program in lieu of another punishment, may be eligible to receive this special probation. If the probation period is completed and all of the terms have been met satisfactorily, then a conviction will be withheld.

...

Posted on in Traffic Violations

b2ap3_thumbnail_reckless-driving.jpgYou may be familiar with the general term “reckless." Perhaps you have heard it, read it, or even used it as a part of your daily vocabulary. However, are you familiar with what the word means with regards to its application to a driving behavior? What does reckless driving mean in a court of law and what are the potential punishments if you are convicted?

Reckless Driving in Legal Terms

Reckless, careless, negligent, and thoughtless are all similar words to describe the same behavior. They are all adjectives to describe an action committed with blatant indifference toward the lives and property of themselves and those surrounding them. In fact, the Illinois General Assembly explicitly defines reckless driving in State Statute 625 ILCS 5/11-503, which states that a person has committed the act of reckless driving if they:

...

Contact Us Today

Tell Us About Your Case

NOTE: Fields with a * indicate a required field.
*
*
*
*


Facebook
Twitter
Back to Top