Geneva Criminal Attorney St. Charles Illinois

Understanding Searches and Seizures in Drug Possession Cases

Posted on June 10, 2020

St. Charles drug charges defense attorney

The majority of drug possession charges result from a police search of a person’s property. In the United States, citizens have a reasonable right to privacy. Although police are authorized to search an individual or his or her property in some situations, they must follow certain rules and procedures when doing so. When evidence of a crime is uncovered during an unlawful police search, it is possible that this evidence will not be admissible in court. If you or a loved one has been charged with possession of cocaine, heroin, methamphetamine, or another controlled substance, it is crucial that you know the laws regarding search and seizure of personal property.

When Can Police Search a Person?

The Fourth Amendment to the United States Constitution gives citizens the right to be free from “unreasonable” search and seizure. However, defining which searches are reasonable and which are unreasonable is not always as straightforward as it may seem. Police can search an individual if he or she:

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Posted in Drug Charges | Tagged constitutional rights drug possession Fourth Amendment Illinois criminal defense attorney search and seizure

What Are the Criminal Charges for Shoplifting in Illinois?

Posted on June 02, 2020

St. Charles theft charges defense attorney

One of the most common criminal offenses committed by otherwise law-abiding citizens is retail theft or shoplifting. It is estimated that approximately 1 out of every 11 individuals in the United States has shoplifted at some point in their lives. Many people justify stealing items from a retail store by stating that it is a victimless act or that it is not an actual “crime.” However, shoplifting is considered a serious criminal offense in Illinois. A person convicted of retail theft may be subject to a range of criminal penalties, including potential jail time. If you or a loved one has been charged with shoplifting, do not take these charges lightly. Talk to a criminal defense attorney experienced in theft cases to receive the legal help you need.

What Is Shoplifting?

Shoplifting is typically thought of as taking an item from a store and then simply leaving the store without paying for it. This is the most straightforward way to avoid paying for an item. Often, a person may conceal the item in his or her clothing, purse, backpack, or bag, and they may then quickly walk out of the store. However, there are many other ways that shoplifters steal from retail stores. Some people remove price tags from expensive items and replace them with price tags from lower priced items. Others work with a store employee to get away with not paying for items. For example, a cashier may allow a friend to steal from the store by intentionally failing to ring up certain items during checkout.

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Posted in Theft | Tagged criminal charges Illinois criminal defense lawyer retail theft shoplifting theft

When Can a Child Be Tried as an Adult in an Illinois Criminal Case?

Posted on May 29, 2020

St. Charles juvenile criminal defense attorney

Most adults will admit that they made some poor decisions in their youth. This may be attributed to the fact that the average human brain is still developing during adolescence. Research shows that a teenager’s prefrontal cortex, the part of the brain responsible for decision-making and risk management, is not fully formed until his or her mid-20s or later. This may be part of the reason that juveniles who are otherwise law-abiding citizens sometimes make impulsive decisions that lead to criminal charges. If your child has been arrested and charged with a crime, you may wonder whether or not he or she will be tried as an adult. Juveniles who are tried as adults are subject to adult criminal penalties that can dramatically impact their future.

When Are Juveniles Treated as Adults Under Illinois Law?

If a person is 17 years old or younger and is accused of a misdemeanor offense, he or she will most likely be tried in juvenile court. However, if a child is 16 years old or older, and he or she is charged with certain more serious offenses, he or she may automatically be tried in adult court. A criminal defendant aged 16 or 17 will be tried as an adult in Illinois if he or she is charged with homicide, aggravated battery involving the use of a firearm, or sexual assault. If the child is under 16 years old, the prosecution may request for the case to be transferred to adult court, but this transfer may not be granted. The child’s attorney will have the opportunity to argue against the child being tried as an adult.

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Posted in Juvenile Offenses | Tagged adult court Illinois juvenile law juvenile crime St. Charles criminal lawyer tried as an adult

What Are the Criminal Penalties For Stealing a Package From a Porch?

Posted on May 27, 2020

St. Charles theft defense attorney

In December 2018, a video titled “Package Thief vs. Glitter Bomb Trap” was posted on YouTube. The video, which has since garnered over 79 million views, shows unsuspecting individuals stealing packages from porches. Once they try to open them, the packages spray glitter all over the place and record their reactions through a built-in camera. As more and more people use online shopping and delivery, concerns about the theft of packages continue to increase. In Illinois, stealing a person’s mail is a major criminal offense with significant penalties. If you or someone you know has been accused of stealing a package from someone’s property, speak with a criminal defense attorney right away to learn about your legal options.

Taking a Package May Result in Significant Jail Time

Law enforcement and legislators are becoming increasingly vigilant about package theft in the United States. According to one survey, about 30 percent of Americans have had at least one package stolen from their property. Theft of items valued at less than $500 is a Class A misdemeanor offense in Illinois. If convicted of misdemeanor theft, a person may be sentenced to jail for up to one year and required to pay a fine of up to $2,500, in addition to paying for losses caused by the theft. However, if the offender has a previous theft-related offense on his or her record, the charge may be elevated to a Class 4 felony, which is punishable by up to three years in prison and a fine of up to $25,000. If the value of the stolen items was between $500 and $10,000, this is a Class 3 felony offense punishable by two to five years in prison and a fine of up to $25,000, in addition to payment of restitution.

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Posted in Theft | Tagged criminal act mail theft St. Charles criminal defense attorney theft theft property crime

What Are the Penalties for a Second or Third DUI in Illinois?

Posted on May 20, 2020

St. Charles aggravated DUI defense attorney

As it is in every state, it is against the law to drive under the influence of alcohol or drugs in Illinois. Many DUI arrests are the result of failing a chemical blood alcohol content (BAC) test such as a breathalyzer. However, a driver may be arrested for DUI even if he or she does not have a blood alcohol level of 0.08 percent or greater. According to Illinois law, a driver can face DUI charges for being under the influence of any intoxicating compound, drug, or combination of drugs and alcohol to a degree that he or she is unable to drive safely. The penalties for DUI increase with every previous DUI conviction. If you have been charged with your second or third DUI in Illinois, it is crucial that you reach out to a criminal defense attorney for help.

Criminal Consequences of a Second or Subsequent DUI

A second DUI is typically a Class A misdemeanor in Illinois, which is punishable by a fine of up to $2,500 and a jail sentence of up to one year. You may also be subjected to a driver’s license suspension of five years. Third, fourth, and subsequent DUI convictions are aggravated DUI offenses in Illinois. If you have received two previous convictions for DUI, and you are caught driving under the influence of alcohol or drugs for the third time, this is a Class 2 felony offense. If convicted, you could face up to seven years in prison. You may also face a driver’s license suspension period of 10 years.

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Posted in DUI | Tagged drivers license suspension drunk driving DUI charges felony DUI Illinois criminal defense lawyer