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Recent Blog Posts

The Short Term Effects of Alcohol on the Body

 Posted on April 27, 2018 in DUI

DUI charges, DUI cases, Wheaton DUI defense attorney, effects of alcohol, DUI-related accidentAlcohol can have many pleasurable effects on the body, especially at the start of consumption. The consumer begins to feel calm, confident, relaxed, happy, and sociable. However, at a point that is unique to each individual person, alcohol starts to have negative repercussions on the body.

Finding that small window between relaxation and inebriation is difficult. Those who misjudge and attempt to drive home while impaired are at risk for DUI charges, among other potentially catastrophic results. 

The First Drop

During the first sip of alcohol, approximately 33 percent absorbs immediately into the bloodstream via the stomach lining. After that initial reaction, the alcohol begins to make its way into the small intestine, where it slowly seeps into the blood.

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Battered Woman Syndrome as an Illinois Criminal Defense

 Posted on April 20, 2018 in Criminal Law

DuPage County criminal defense attorney, Battered Woman Syndrome, PTSD,  domestic violence, repeated domestic abuseVictims who endure prolonged, severe and numerous episodes of domestic violence frequently have physical, mental, or emotional damages. In many cases, the psychological trauma lasts longer than the physical symptoms.

Anxiety, Post Traumatic Stress Disorder (PTSD), and depression are all commonly observed in domestic violence survivors. Another consequence stemming from the trauma is Battered Woman Syndrome, which can either make the injured party endure the abuse without retaliation or defend themselves, so the violence ends indefinitely.

The Stages of Battered Woman Syndrome (BWS)

Battered Woman Syndrome is now regarded as a form of PTSD and is accepted legally as a psychological disorder. Over time, the sufferer becomes so depressed and defeated that he or she begins to believe he or she alone is the cause of the abuse and there is no way to escape it. This learned helplessness can convince a victim to stay an unhealthy relationship. Sometimes, the individual remains because he or she hopes his or her abuser will change. This belief originates from the conditioning from “honeymoon phase” of the abuse cycle, which is:

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Can Arguing with an On-Duty Officer Result in a Criminal Record?

 Posted on April 13, 2018 in Criminal Law

obstruction of justice, resisting arrest, Wheaton criminal defense attorney,  obstructing arrest, Illinois criminal recordMaintaining one's composure is often the best way to handle an interaction with an on-duty police officer. Although an individual does not have to be so kind as to give an officer incriminating evidence about himself or herself, treating an officer with a fair amount of courtesy is always advisable. When interactions remain amicable, officers are more inclined to reciprocate.

However, police officers have bad days just like like anyone else. In some cases, emotions can rise and result in anger, hostility, and an argument. If you argue with an officer making an arrest, can you face charges of resisting arrest or obstruction of justice?

Resisting or Obstructing Arrest

State statutes regarding resisting or obstructing arrests are incredibly vague. The ambiguity is intentional by lawmakers, and thus allows for the inclusion of a broader range of behaviors.

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Does Chicago Really Have the Toughest Gun Laws in the Country?

 Posted on April 06, 2018 in Weapons Charges

DuPage County weapons charge defense attorney, gun laws, Illinois crime rate, gun control debate, weapons chargesThe laws surrounding firearms are under constant debate. Social media and politicians alike frequently use Chicago’s notorious criminal history to their advantage in an attempt to sway voters. Somehow, Chicago simultaneously falls on both sides of the gun control debate as a demonstration of the effectiveness of harsher firearm regulations. Meanwhile, Illinois residents find themselves in the middle of this countrywide argument and are left wondering how all of the changes affect current weapons charges.

How Does Illinois Rank?

Chicago became the center of debate once again after a speech claimed that not only did Chicago have the strictest gun laws in the country, but it also has the worst gun violence. Having the most stringent gun laws in the country may have once been valid; however, this is no longer the case.

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Can Passengers Really Receive a DUI?

 Posted on March 30, 2018 in DUI

DuPage County criminal defense attorney, DUI, riding drunk, DUI charges, DUI arrestYou plan a night out. Since you know you will be at an establishment serving alcoholic beverages, you prepare in advance for the required designated driver. Since you will not be behind the wheel, you plan to let loose and have that extra drink of choice. On the way home, the police pull the car over; however, you have nothing to fear. You are safe in the passenger’s seat, and you know beyond a shadow of a doubt that your driver drank only water and soda all night. Much to your dismay, the officer begins questioning you as a passenger. Can you receive a DUI for riding drunk as a passenger?

Mind Your Manners

At any traffic stop, it is important to stay calm, quiet, and polite, regardless of being a driver or a passenger. An officer in most cases will ask if you know why you are being pulled over. Do not answer this any other way than “no,” because any information given to him or her can and will be used against you. After that, he or she may let you know his or her suspicions and may ask for the driver's license and registration. He or she may also ask passengers for identification. As a passenger, you are not required to give an officer anything. Nevertheless, intentionally withholding identification may lead to further investigation. An officer who believes there is illegal activity can detain a passenger, potentially leading to arrest.

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What if I Missed My Illinois Traffic Court Date?

 Posted on March 23, 2018 in Traffic Law

Wheaton traffic attorney, traffic court, traffic court date, traffic misdemeanor, traffic citationWith busy lifestyles, minor details become lost in the shuffle. We forget where we put our car keys, we forget to respond to that last text message for a few days, and we miss appointments. But what happens if one of those appointments we accidentally forgot to show up for was traffic court? Find out how Illinois courts respond. 

Can I Still Drive?

On the back of an initial citation, there are instructions on how to respond. You do not need to go to court for minor petty traffic offenses. There is an option to pay for the ticket. However, this is not always the wisest solution. By paying, you plead guilty to the charges, and you risk the possibility of points being added to your license. If you do opt to go to court, you do so instead of paying the fine. If you miss your court date, however, the county circuit courts will forward the information that you failed to appear to the Secretary of State, who, in turn, will automatically suspended your license.

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Questioning the Utilization of Surveillance Footage in Criminal Cases

 Posted on March 16, 2018 in Criminal Law

Wheaton criminal defense attorney, surveillance footage, criminal cases, video evidence, criminal accusationsThey say, “seeing is believing,” when obtaining the truth in many situations. The same idea holds true in a criminal investigation and trial. For decades, attorneys have used chalkboard markings, flip charts, x-rays, maps, diagrams, 3D models and photographs to help the jurors determine the truth behind the story. Advancements in technology in more recent years have catapulted us away from the use of chalkboards and stick figures to digital videography of an incident as it occurs. Today, a surveillance tape video can show multiple angles and enhance audio sound recordings. However, video surveillance is still not a “foolproof” method to prove any case.

Someone is Always Watching

Video surveillance systems sales have skyrocketed recently. Marketing executives everywhere continuously push the debatable argument that these cameras reduce crime and protect the purchasers. The goal of most buyers is to provide evidence should an alleged criminal event arise. However, many of these recordings are not admissible as evidence. Most business owners and homeowners do not spend the necessary money to have a quality surveillance system.

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Careful Driving After Drinking Does Not Eliminate the Risk of DUI Charges

 Posted on March 09, 2018 in Criminal Law

Wheaton DUI defense attorney, DUI charges, drinking and driving, drunk driving, drunk driversMany drivers mistakenly believe that if they drive carefully after having a couple of alcoholic beverages, then the police will have no reason to suspect drunk driving. This erroneous concept likely stems from the mental image of inebriated drivers drifting between lanes, failing to maintain a constant speed, and failing to come to a complete stop at stop signs. While this scenario exists, the error in judgment is the belief that if someone can sufficiently operate a motor vehicle and obey traffic laws, police will have no reason to suspect alcohol consumption.

Officers understand that more drunk drivers are on the road between certain hours in the vicinity of bars, clubs, and other drinking establishments; therefore. they intentionally look for other reasons to pull over drivers.

Driving Too Carefully is Suspicious, Too

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New Domestic Violence Laws Affect Cell Phone Bills

 Posted on March 01, 2018 in Criminal Law

domestic abuse, domestic violence, Wheaton criminal defense lawyer,  domestic violence dispute, order of protectionCell phones have become a staple in our daily lives. We scroll social media, check bank accounts, and send business emails—even when we are in our homes with our families and sitting on the couch. Moreover, cellular devices are extremely helpful in emergency situations, enabling those in danger to contact someone able to help.

For victims of domestic abuse, cell phones may be their only chance at getting to safety. Illinois enacted a new law this year which will have a direct impact on the cell phone bill of anyone involved in a domestic violence dispute.

The New Law

According to the new law that went into effect as of January 1, 2018, anyone approved with an order of protection from a judge can separate their cell phone account from their accused abusers. During the petition for the court order, an alleged victim can request the service. Once approved, the court clerk will then contact the service provider directly, requesting the transfer of that phone number into the victim’s name, free of charge. The request may include any of the children’s phone lines, as well. The provider then has 72 hours to respond to the request. This law is a massive victory for those victims in real danger. Previously, these individuals needed to go to the cell phone company directly and explain their story to yet another stranger, only to discover that transferring the numbers would be costly.

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Florida School Shooting Prompts a Review of Gun Laws for Illinois Lawmakers

 Posted on February 22, 2018 in Criminal Law

DuPage County criminal defense lawyer, weapons legislation, Florida school shooting, gun laws, weapons chargesWithin the last decade, Illinois gun laws have relaxed as handguns are no longer banned and the gun registry program has fallen by the wayside. However, in the wake of the recent Florida school shooting, Illinois residents urge state and federal lawmakers to make a change to the current weapons legislation.

The Second Amendment

United States citizens have the right to keep and bear arms according to the U.S. Constitution. Explicitly, the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It is because of these unalienable constitutional rights that the handgun ban is no longer in practice.

The Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." McDonald v. City of Chicago (2010).

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