Posted on January 25, 2019 in Field Sobriety Tests

Like every other state, in Illinois, it is illegal to drive with a blood alcohol content higher than 0.08 percent. Those found guilty of doing so will be charged with driving under the influence, or DUI. There are a few steps law enforcement take before making an arrest, though. One of those is to administer field sobriety tests. Many individuals, whether they have been charged with a DUI, or they think they are about to be, wonder if these tests are mandatory. So, can you refuse field sobriety tests in Rolling Meadows?

What Are Field Sobriety Tests?

Field sobriety tests are one tool used by law enforcement when they suspect someone is driving under the influence. While there are many field sobriety tests a police officer may ask the driver to undergo, there are generally three main ones.

The Horizontal Nystagmus Test (HGN) will involve the officer holding up an object. They will then ask the driver to follow that object with their eyes as the officer moves it from left to right. The officer will then look for when the pupil begins to exhibit ‘nystagmus’, or an involuntary jerking of the eye.

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 Posted on January 22, 2019 in Disorderly conduct

Disorderly conduct can seem like a minor crime, and the circumstances leading up to it can seem quite innocent as well. If convicted though, an individual can face harsh penalties, including jail time. It is for this reason that anyone charged with disorderly conduct needs to speak to a criminal defense lawyer in Rolling Meadows as soon as possible. There are defenses available, and an attorney will use them to give defendants the best chance of having the charges dropped or reduced.

Disorderly Conduct in Illinois

The Illinois Statute pertaining to disorderly conduct is found at 720 ILCS 5/26-1. It outlines a number of behaviors that are considered disorderly conduct. These include:

• Breaching the peace;
• False fire alarms;
• Reporting a false bomb threat;

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 Posted on January 18, 2019 in Domestic Violence

People that live in the same house and are in close relationships sometimes fight and argue. Most often these arguments are vocal, with those involved saying things they did not mean before quickly forgiving each other. Sometimes though, these arguments turn into much more. When that happens, and an argument turns violent, it could result in a domestic battery charge.

It is natural for those charged with domestic battery to be confused about the charges. What exactly does a domestic battery charge involve? What penalties could a person be facing? Here domestic battery in Rolling Meadows is broken down, so anyone charged can understand what they are facing, and get the legal help they need.

The Legal Definition of Domestic Battery

Under Illinois statute 720 ILCS 5/12-3.2, domestic battery is defined as causing bodily harm to a person in the same household. Making physical contact with another person in the household can also be considered domestic battery if that contact can be considered provoking or insulting in nature.

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 Posted on January 15, 2019 in Probation

According to the Illinois Controlled Substances Act, a person arrested for possession of certain illegal drugs in the state may face felony charges. This is true even if it is their first offense. However, in Illinois, some defendants may be eligible for 410 Probation. This can allow those facing possession charges to avoid jail time. Few are aware though, of how 410 Probation works in Illinois.

Felony Possession Charges in Illinois

Not every possession charge will be considered a felony in Illinois. In order to be facing felony charges, a person must have been in possession of:

• 15 grams or more of LSD, morphine, heroin, or cocaine;
• 30 grams of more of pentazocine, ketamine, or methaqualone; or
• 200 grams or more of amphetamines, peyote, or barbituric acid.

The most minor of these charges can result in a Class 1 felony charge. If convicted, an individual may face four4 to 15 years in prison and up to $25,000 in fines. However, individuals that are facing a first offense for felony drug charges may be eligible for 410 Probation.

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 Posted on January 11, 2019 in Criminal Defense

Being a landlord in Rolling Meadows, regardless of whether it is of a single family home or a huge apartment building, is not easy. There is maintenance to worry about, collecting rent from tenants, and of course, possibly evicting them when they fail to make those payments. What happens though, when a tenant refuses to leave after being evicted? Can the landlord have them charged with criminal trespassing?

Illinois Statute 720 ILCS 5/21-3

The definition of criminal trespassing is outlined in Illinois statute 720 ILCS 5/21-3. Essentially, the statute states that criminal trespassing has occurred when someone enters or remains on land after the owner or occupant has asked them to leave.

This sounds like it would cover a situation in which a tenant will not leave after being evicted, or asked to leave, by their landlord. However, it does not. The statute has some exceptions.

One of these is when the person being asked to leave is living on the land. Furthermore, anyone invited onto the land by the tenant that will not leave is also not considered to be criminally trespassing, even if the owner has asked them to vacate the premises. For these reasons, a person is most often charged with criminal trespassing when they have unlawfully entered, or refused to leave, a business or public area, not when they are in their home.

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 Posted on January 08, 2019 in Speeding

For most drivers in Rolling Meadows, a speeding ticket is little more than an annoyance. These tickets often do not result in anything more than a fine. There are instances when a speeding ticket can result in much more. This is when the driver is charged with aggravated speeding. An aggravated speeding charge is very serious. Anyone charged with this crime should speak to a criminal defense lawyer in Rolling Meadows right away.

What Is Aggravated Speeding?

According to Illinois statute 625 ILCS 5/11-601.5, aggravated speeding consists of driving 26 miles per hour, or more, over the posted speed limit. At one time, traveling at these speeds was considered the same as a minor speeding ticket. However, due to the fact that driving at such speeds poses an increased threat to public safety, lawmakers in the state increased the penalties for aggravated speeding in 2011.

Aggravated speeding is still considered to be a misdemeanor offense. When a driver is traveling between 26 and 34 miles per hour over the posted speed limit, they can be charged with a Class B misdemeanor. The charge becomes more serious when a driver is traveling over 35 miles per hour the posted speed limit. In these cases, drivers can be charged with a Class A misdemeanor.

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 Posted on December 28, 2018 in Child Abuse

The death of a three-month-old baby led to the recent arrest of a Marion, Illinois man. The man was arrested for battery to a child, domestic battery, and aggravated battery. Police responded to a female caller who said that her child was being abused. The mother took her baby to the Heartland Regional Medical Center before police showed up, but the baby died of his injuries, allegedly inflicted by the man arrested for the crime. As of this writing, it is not known whether the man had any relation to the baby, or what his relationship is to the woman who called the police. However, the crimes that he was taken in on are serious felonies, as evidenced by his $1 million jail bond.

Aggravated Battery of a Child Is a Felony

Under Illinois statute 720 ILCS 5/12-3.05(b), aggravated battery of a child is defined as follows:

• Knowingly causing serious bodily injury, disfigurement, or disability; or

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 Posted on December 26, 2018 in Violent Crime

With all of the political talk about illegal immigrants coming into the country who may be criminals, it brings another question to mind: what rights do illegal immigrants have when it comes to being protected by the law? Are crimes against illegal immigrants punishable, and if so, are perpetrators penalized to the same extent that they would be had the victim been a U.S. citizen?

Undocumented Immigrants and Workers Fear Retaliation

The National Immigration Project reports that immigrant victims are in fear of “reporting violent crimes and labor violations to law enforcement and working with the criminal justice system will expose them to deportation.” These victims also fear that they will be separated from their children and banished from the U.S. permanently if they do seek traditional victim support systems through law enforcement.

Senate Bill 34 VOICES Act Now Law

Senate Bill 34, the Voices of Immigrant Communities Empowering Survivors (the VOICES Act), is now law after the Illinois Senate and House both passed over Governor Bruce Rauner’s veto. The law states that police must investigate complaints of abuse and assault in a timely manner when the victim or alleged victim is an undocumented immigrant. By filing a report, immigrants can use them to work towards citizenship and visas. Opponents of the law argue that some undocumented immigrants will report crimes simply to further their chances of receiving citizenship. On the other side, proponents argue that undocumented immigrants and workers suffer fear of retaliation from their employers and fear of being deported if they speak up about a crime that was committed against them or a crime that they witnessed happen to another person and that this law will help remedy those fears.

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 Posted on December 21, 2018 in Your Rights

Most law enforcement officers conduct themselves professionally and treat those who they are arresting with as much respect as possible. Unfortunately, this is not always the case. Police brutality affects people of all demographics, though minorities are disproportionately the victims of unnecessary police violence. Dr. Martin Luther King Jr. was hit more than 50 times by police batons, and the police who administered the beating were acquitted. A black undercover police officer himself fell victim to police violence when he was disguised as a protester — his duty being to monitor illegal acts within the crowd to make arrests later — during a St. Louis demonstration in 2017.

Residents had taken to the streets in a planned protest over the acquittal of a police officer who shot and killed an unarmed black man, then planted a weapon on him after he was dead. The undercover officer, who was wearing a shirt that revealed his waistband — indicating that he was not armed — was beaten with batons for no reason by three police officers. Earlier text messages between the officers revealed that they had planned on carrying out such beatings. When they discovered that the man they had chosen to beat with riot batons was an undercover cop, they destroyed his phone, tried to contact witnesses to influence their testimony, and lied to a federal grand jury. The officers are facing four offenses, one of which carries a maximum 10-year prison sentence, while the other three crimes carry sentences of 20 years each.

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 Posted on December 19, 2018 in Juvenile Crimes

A criminal record can be devastating for a minor. It can prevent them from obtaining future employment, and could even result in them losing a scholarship or not getting accepted to a certain university or college. For this reason, it is very important that juveniles charged or convicted of a crime speak to a Rolling Meadows juvenile crime lawyer that can help them get their record expunged.

What Is an Expungement?

When a criminal record is expunged, it is removed from all public government files and destroyed. Any information related to the criminal record including fingerprints, reports of the arrest, photographs, and any other evidence will also be destroyed. Essentially, it provides the juvenile with a clean slate and after expungement, they will no longer have a criminal record.

Often the terms ‘expungement’ and ‘sealed records’ are used interchangeably. However, it is important that minors, and their parents, understand that these are two different terms that have different meanings. When a record is sealed, it is still available and can be seen by certain individuals. Expunging a record means it is as though the record never existed.

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