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Driving Permits After an Illinois DUI Conviction

 Posted on March 12, 2019 in Uncategorized

Wheaton IL DUI defense lawyerDriving while under the influence of alcohol or drugs is extremely dangerous. According to the Illinois Secretary of State's Office, there were over 27,000 DUI arrests in Illinois in 2017. The state takes DUI arrests very seriously which is why 91 percent of people who were arrested for DUI and were eligible, lost their driving privileges. Still, the state also recognizes that people should not have to be put through months of hardship for one mistake. This is why Illinois allows certain DUI offenders to apply for one of two types of driving permits: a monitoring device driving permit (MDDP) or a restricted driving permit (RDP).

Monitoring Device Driving Permit (MDDP)

In order to apply for an MDDP, you must be a first-time DUI offender. This means you must not have received a statutory summary suspension in the past five years or have been convicted of a DUI in Illinois or any other state within the past five years. In addition, your DUI arrest must not have caused death or great bodily harm to another, and you must not have been previously convicted of reckless homicide or aggravated DUI that resulted in death.

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What is White Collar Crime?

 Posted on March 07, 2019 in White Collar Crimes

Wheaton IL white collar criminal defense lawyerIf you have ever seen the movie, “The Wolf of Wall Street,” then you have some idea of what white collar crime is. When you hear the word crime, most people think of blood, dead bodies or violence. White collar crime is a type of nonviolent crime that typically does not involve any sort of physical violence. The term white collar crime was coined in 1939 and now encompasses a wide range of crimes, mostly dealing with gaining profits. According to the Federal Bureau of Investigation (FBI), white collar crimes are characterized by deceit, concealment or violation of trust. Though these crimes do not physically hurt people, they are not victimless crimes and they can destroy companies and cost people billions of dollars.

Types of White Collar Crime

There is a large variety of crimes that fall under the white collar crimes umbrella. Crimes that are considered to be white collar crimes include:

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Exploring Illinois’ Zero Tolerance Laws for Underage DUI Offenders

 Posted on February 27, 2019 in DUI

DuPage County underage DUI lawyerIn the United States, drinking is a sort of rite of passage for many teenagers, though it is illegal. One of the worst things a teenager can do when they have been drinking is get behind the wheel of a car. Driving while you are under the influence of alcohol, or any other drug for that matter, is illegal for anyone, no matter your age. For those who are under the age of 21, drinking and driving is a much more serious offense, and young offenders face harsher penalties.

Zero Tolerance Laws

Most states have developed some form of zero tolerance laws for underage DUI offenders. These laws have helped underage DUI offenses become less common, but they still happen and they are still punished accordingly.

In Illinois, if a person under the age of 21 is pulled over on suspicion of intoxicated driving and their BAC is more than .00, he or she will face penalties in alignment with the zero tolerance laws. For a first offense, driving privileges will be suspended for three months for a BAC over .00. If the offender refuses to submit to a chemical test, driving privileges are suspended for six months.

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Rights of Juveniles and Parents in the Illinois Juvenile Justice System

 Posted on February 20, 2019 in Juvenile Law

Wheaton IL juvenile charges lawyerPrior to 1899, there was no such thing as a juvenile justice system. Illinois was the first state to create a separate court that was solely for juvenile offenders. The juvenile justice system was created with the idea that the majority of children’s behavior can be changed and modified so that they can become law-abiding citizens. Though the juvenile justice system does differ from the adult justice system, juveniles retain many of the same rights as their adult counterparts.

Rights of Juveniles

The state of Illinois recognizes those who are age 17 and younger are juveniles who will be tried in juvenile court -- for most things. Children over the age of 15 can be tried as an adult for very serious crimes. No matter where a child is prosecuted, they have rights. These rights include:

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Distracted Driving Will Become More Harshly Punished in Illinois in 2019

 Posted on February 15, 2019 in Traffic Law

Wheaton IL traffic violation lawyerWith the rise of technology, almost everyone has a computer in their pocket these days -- their cell phones. While these handy devices can make life easier for us, they have also proven to make life more dangerous. In an effort to prevent drivers from using their electronic devices while driving, a new Illinois law that will take effect in July will increase the consequences that drivers will face when caught using an electronic device while driving. This new law will make a first-time offense of using an electronic device while driving a moving violation, rather than just a warning.

New Law Changes Penalties for First-Time Offenders

Before the new law was enacted, the Illinois Vehicle Code stated that drivers needed to be caught using an electronic device while driving at least twice before any disciplinary action would be taken against them. Under the new law, drivers only need to be caught using an electronic device once before they are issued a ticket for a moving violation. Beginning in July of this year, first-time offenders who use an electronic device while driving will see the infraction on their driving record. If drivers commit the offense more than three times in a 12-month period, they will face a driver’s license suspension. In addition to the violations, they will also face fines as follows:

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3 Tips to Help You Succeed in Your Criminal Court Case

 Posted on February 07, 2019 in Criminal Law

DuPage County criminal defense lawyerWhether you are in court for a civil or criminal matter, or you are the plaintiff or defendant, you are expected to act a certain way and adhere to certain rules when you are in the courthouse. Every time you appear in court, you are being watched and analyzed. The judge, opposing counsel and the jury are examining you and determining what kind of person you are and if you have any credibility. Your actions and behavior in court could either favorably or unfavorably affect your case outcome. Here are a few tips to help you succeed and act appropriately when you go to court:

1. Make Sure You Arrive Early

You should make sure you factor in enough time for you to get to the courthouse on time. Account for possible traffic, in addition to the time it will take you to go through the security screening at the courthouse. Make sure you arrive at least 30 minutes before your scheduled hearing.

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How a Domestic Violence Order of Protection Can Affect You

 Posted on January 22, 2019 in Criminal Law

DuPage County domestic violence charges defense lawyerDomestic violence is a crime that Illinois courts take very seriously. Even if you did not actually commit the act of domestic violence, these charges can be detrimental to your life and your reputation. If you have an order of protection against you, it could make your life extremely difficult. There are many things that an Illinois order of protection can order you to do or prohibit you from doing. It is important to understand what orders of protection mean for you if you are facing Illinois domestic violence charges.

What is Domestic Violence?

According to the Illinois Domestic Violence Act of 1986, domestic violence is when any family or household member commits any act of abuse toward another family or household member. Family or household members include:

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Consequences for Not Complying With Illinois FOID Card Revocations

 Posted on January 16, 2019 in Weapons Charges

Wheaton IL weapons charges attorney.jpgIn the state of Illinois, if you are in possession of a firearm, you must also be in possession of an Illinois firearm ownership identification card (FOID). It is illegal for you to own or be in possession of a firearm without a FOID card. Though the Second Amendment to the United States Constitution gives citizens the right to bear arms, the Illinois State Police reserves the right to revoke or suspend your FOID card at any time if you violate ownership rules or if you become ineligible for a FOID card. Having your FOID card suspended or revoked comes with a laundry list of things you must do to comply with the suspension or revocation, and if you do not comply with those requirements, you could be facing serious charges.

Notice of Revocation

There is a multitude of reasons that your FOID card can be revoked. Some of those reasons include:

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Underage Drinking and Parental Responsibility in Illinois

 Posted on January 10, 2019 in Criminal Law

DuPage County social host liability attorneyIn the American culture, underage drinking can be a rite of passage when you are a teenager. According to the Centers for Disease Control and Prevention (CDC) alcohol is the most commonly used drug among Americans ages 12 to 20 and that among high school students, around 30 percent drink some amount of alcohol each month. While alcohol use is common among teenagers, it is dangerous and illegal. Not only is it illegal for a teenager to purchase alcohol, but it is also illegal for teens to consume it. Moreover, it is illegal for a parent or guardian to allow alcohol to be consumed by minors on their property.

Social Host Liability Laws

According to the Illinois Liquor Control Act, it is illegal for anyone to allow those under the age of 21 to consume alcohol on his or her private property, any property that they control or any vehicle or watercraft under their control. You can be both held responsible for the consumption of alcohol by minors if you knowingly allow them to consume it and if you fail to adequately control access to the alcohol.

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Consequences of Driving With a Suspended or Revoked License in Illinois

 Posted on January 04, 2019 in Traffic Law

Wheaton, IL suspended revoked drivers license attorneyThere is a multitude of reasons you can have your driving privileges taken away from you -- being convicted of a DUI, not paying your traffic tickets, not showing up in court and not paying child support are just a few ways you can have your license suspended or revoked. Whatever the reason, driving while your license is suspended or revoked is a bad idea. It can lead to even more trouble, like hefty fines and in some cases, jail time. Being caught driving while your license is suspended or revoked can also make it more difficult to have your license reinstated and may even increase the amount of time that your license is suspended or revoked.

First Offense

According to Illinois law, a person who is caught driving with a suspended or revoked license will be charged with a Class A misdemeanor for a first offense. You will face a mandatory sentence of 10 days in jail or 30 days of community service and fines of up to $2,500. If you were driving on a suspended license, your license will be suspended for double the original suspension period. If you were driving on a revoked license, your license will be revoked for an additional year.

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