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What Not to Do if You Are Arrested

Posted on in Your Rights

IL defense attorney, Illinois criminal lawyerBeing arrested is a very scary thing. Law enforcement in Rolling Meadows arrest people every day, and these individuals often do not know what to do when it happens. Just as there are certain things you should do, there are also things you should never do. Taking the wrong steps at this point could hurt your case in the future. Below are the five things you should never do if you are arrested.

Do Not Say Anything

If you are arrested, you have the right to remain silent and that is exactly what you should do. When police read you your Miranda rights, they will tell you that anything you say could be used against you, and they mean it. The chances are very good that they will take your words out of context and use it to hurt your case in court. Do not say anything to police officers except that you want to speak to an attorney.

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Can Police Search Your Phone?

Posted on in Your Rights

searchImagine police pulled you over in a traffic stop. Maybe they suspect you of a DUI, or maybe they want to cite you for having a broken taillight. Whatever the reason, they approach your window and begin to question you. They may even become aggressive and demand that you hand over your phone. Perhaps they even order you to unlock it for them or provide them with your password. This is a scary situation, as everyone has personal and confidential information on their phones these days. The question is, are police allowed to search your phone?

U.S. Supreme Court Decides on Cell Phone Searches

In 2014, the U.S. Supreme Court heard the case of Riley v. California. The defendant had been stopped by police for expired registration tags on his vehicle. During the stop, the officer also learned that the defandant’s driver’s license was suspended and that he was carrying a number of firearms in his car. The officer also took his phone, which the officer claimed had further incriminating evidence on it.

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IL drug crimes lawyer, Illinois defense attorney Ecstasy is often known as a party drug, but it is a substance that is illegal under Illinois’ drug laws. It also carries some of the harshest penalties for those convicted. The drug was blamed for causing an epidemic in Illinois in 2002, as it was said to have been responsible for a number of teenage deaths. It has also been called a growing threat to youth all around the country. It is because ecstasy is considered so dangerous that law enforcement and the prosecution here in Illinois take it so seriously.

Anyone accused of ecstasy possession should understand what penalties they are facing if they are convicted, and the importance of speaking to an Illinois criminal defense lawyer.

What Is Ecstasy?

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juvenile-defenseWhen your child has been arrested for an offense such as underage drinking, the situation can be terrifying. One of the most frightening aspects of this scenario for parents is learning that their child was questioned by police without an attorney, and without either parent being present. So, what does the law say in Illinois about questioning a minor? Are police officers required to ensure the parents or the child’s attorney is present?

What Is the Definition of a Minor?

Under the Juvenile Court Act of 1987, individuals 18 years old or younger are considered minors in Illinois. Even minors charged with a felony are still considered juveniles and are tried in juvenile court. However, if the court views the crime as especially heinous, a juvenile may be transferred and tried in adult court. This process typically only applies to violent offenses such as murder and rape.

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IL defense attorney, IL DUI lawyerUnder Illinois’ implied consent laws, if you are pulled over for a DUI, you must submit to a breath test if asked by an officer. After the breath test, the officer will tell you what your blood alcohol content (BAC) is, and if you blew over 0.08, which is the legal limit. If you did, the situation may seem hopeless. However, there are ways to challenge these tests and get them thrown out of court, which can be very helpful to your case.

The Results Were Inconsistent

If you blow into a breathalyzer many times and get significantly different readings, it indicates that the machine is not reliable. Some judges have even deemed certain brands as being notoriously unreliable. Additionally, breath tests must be performed until two successive results fall within 0.020 percent of each other. If this range cannot be reached, a judge may determine that the tests are inconclusive.

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