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St. Charles weapons charges defense attorney

Gun violence is a major concern for Illinois residents, especially those living in or around Chicago. In order to help prevent needless injuries and deaths from gun violence, Illinois has enacted several strict gun ownership policies. In order to legally own a firearm in Illinois, you must obtain a Firearm Ownership Identification (FOID) card. The Illinois State Police has the right to revoke your FOID card and therefore withdraw your legal authorization to possess a firearm for a number of reasons. If you are a gun owner, it is critical that you understand the laws pertaining to firearm possession to avoid criminal charges.    

FOID Eligibility

In order to receive a FOID card, gun owners must meet several criteria. Illinois residents are not eligible for a FOID card if they:

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Posted in Weapons Charges | Tagged firearms FOID card Illinois gun laws St. Charles criminal defense attorney weapons charges

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St. Charles gun charges defense attorney

Criminal charges related to theft, weapons violations, and possession of controlled substances are often the result of a police search of a vehicle or a home. However, if a police search was conducted, and the proper procedures were not followed, it is possible that any evidence discovered in the search will be inadmissible in court. According to the “exclusionary rule,” the government cannot use evidence against a criminal defendant that was acquired in violation of the Constitution. It is crucial for every person in Illinois to know what their rights are in regard to search and seizure of their property.

When Are Police Allowed to Search My Home?

You have a constitutional right to be free from unreasonable searches of your property. The Fourth Amendment to the Constitution states in part that the right of people to be protected from unreasonable searches and seizures will not be violated and that “no Warrants shall issue, but upon probable cause.” This means that law enforcement cannot search a person’s property without a good reason for doing so. Typically, a person’s residence cannot be legally searched by law enforcement unless the officers have a valid search warrant that was signed by a judge. However, there are several situations in which police can search your home even if they do not have a search warrant.

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Posted in Criminal Defense | Tagged drug possession search and seizure St. Charles criminal defense attorney theft weapons charges

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St. Charles traffic violations defense attorney

If a law enforcement officer suspects that a motorist is breaking the law, he or she will use lights and sirens to indicate that the driver must pull over for a traffic stop. If the police officer suspects the driver of driving under the influence (DUI) of drugs or alcohol, he or she may ask the driver to participate in a field sobriety test or take a breathalyzer test. If the officer suspects that weapons, illegal drugs, or other contraband are in the vehicle, he or she may conduct a search of the vehicle. There are certain things that a driver should never do during a traffic stop as well as steps that drivers should always take. It is important to remember that you have certain rights during traffic stops, and doing the following may help you avoid criminal charges:

Pull Over Immediately

Being pulled over by a police officer is often the last thing you want to deal with. However, traffic stops are not optional. The Illinois Vehicle Code states that if a driver receives a “visual or audible signal” by a police officer to stop his or her vehicle and fails to do so, he or she may be charged with fleeing or attempting to elude a police officer. This offense is a Class A misdemeanor, punishable by up to one year in jail.

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Posted in Traffic Violations | Tagged Fifth Amendment rights Illinois traffic stop search and seizure St. Charles criminal defense attorney traffic violations

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St. Charles DUI defense attorney

In Illinois, it is against the law to be in actual physical control of a vehicle while under the influence of alcohol or drugs. If a police officer suspects you of drunk driving, you will likely be asked to complete a field sobriety test or breath test such as a Breathalyzer. If your blood alcohol content is 0.08 percent or more, or you show obvious signs of impairment, you face arrest and possible DUI prosecution. Criminal penalties for an Illinois DUI depend heavily on the circumstances of the alleged crime. If you or someone you know has been arrested for DUI, a criminal defense lawyer can help ensure that your rights are fully protected.

First-Time DUI Is Typically a Misdemeanor Charge

Most first-time Illinois DUI charges are Class A misdemeanors punishable by driver’s license suspension for one year, a fine of up to $1,000, and a possible incarceration period of up to six months. Unless certain aggravating circumstances were present, the majority of first-time DUI convictions do not result in significant jail time. Furthermore, you may be able to regain your ability to drive before the driver’s license suspension period ends via a Monitoring Device Driving Permit (MDDP) that will require you to use a breath alcohol ignition interlock device (BAIID). 

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Posted in DUI | Tagged drunk driving dui felony misdemeanor St. Charles criminal defense attorney

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St. Charles child abuse attorney Shaken Baby Syndrome

Being accused of causing an infant’s injury or death can be devastating. People may assume that just because a person was charged with a child-related offense, this means he or she actually committed the crime. Even if the accusation is unfounded, being accused of shaking a baby can result in life-changing consequences. You could endure years or even decades behind bars if convicted. If you are facing criminal charges because you allegedly caused an infant to suffer from Shaken Baby Syndrome, contact an experienced criminal law attorney to discuss your defense options.

Understanding Shaken Baby Syndrome

Shaken Baby Syndrome (SBS), also called Shaken Impact Syndrome, refers to the damage caused when an infant or small child is violently shaken. It is estimated that between 1,200 and 1,400 incidences of Shaken Baby Syndrome occur in the United States every year. Babies who are shaken can suffer brain damage, internal bleeding, detached retina, and other severe injuries. These injuries often lead to the baby’s death or long-term disability. A doctor or medical examiner may conclude that Shaken Baby Syndrome caused an infant’s death or injury when the infant exhibits symptoms such as:

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Posted in Criminal Defense | Tagged child abuse accusations crimes against children criminal charges Illinois criminal defense lawyer Shaken Baby Syndrome

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