Tag Archives: Illinois criminal defense attorney

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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St. Charles drug possession defense attorney

In Illinois, it is a crime to possess illicit substances such as cocaine, methamphetamine, or heroin. However, knowing exactly what counts as being in possession of these substances is not always easy. For example, if a passenger drops a small baggie of cocaine in your car, and it is later discovered by police, are you considered to be in possession of the substance, even though it was not technically on your person? It is essential if you are facing drug charges in Illinois to understand the nature of the charges laid against you and to be fully informed of your defense options. Being charged with possession of a controlled substance can result in significant penalties, so it is imperative to speak with an experienced criminal defense attorney right away.

The Definition of Drug "Possession"

There are two distinct forms of possession according to Illinois law: actual possession and constructive possession. If you are caught by police with illegal drugs on you, this is considered actual possession. The illicit substance may be discovered in your hand, in your pocket, or in a backpack or purse belonging to you. You may also be charged with actual possession if law enforcement witnesses you attempting to hide or dispose of the substance. For example, if an officer sees you throw something out of your car window while you are being pulled over, you may be accused of being in actual possession of an illicit substance.

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St. Charles aggravated computer tampering attorney

Computer “hacking” has become a hotly discussed topic in recent decades. A number of movies and television shows depict mysterious “hackers” stealing, using, and manipulating computer data for a range of purposes. Although it is sometimes glorified in entertainment, using a computer or accessing computer data without authorization is a criminal offense. In 1996, Illinois passed the Computer Crime Prevention Law. This law makes it illegal for a person to access a computer, a computer program, or other digital information that he or she does not have permission to use. The penalties for computer tampering and aggravated computer tampering vary significantly depending on the circumstances of the alleged crime, but these penalties often involve heavy fines and jail time. If you are charged with computer tampering, it is crucial that you contact an experienced criminal defense attorney to discuss your defense options as soon as possible.

What Is Computer Tampering?

Under Illinois law, computer tampering is a serious crime. Some people may not realize the actions that constitute this offense, which is defined as doing any of the following: 

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St. Charles criminal defense attorney expungment

Having a criminal record can prevent a person from obtaining adequate employment, limit the person’s ability to find safe and affordable housing, and disqualify him or her from certain educational opportunities. However, everyone deserves a second chance, and a person’s past should not dictate his or her future. One way that Illinois residents may be able to avoid the negative consequences of having a criminal record is through record sealing or expungement. However, not all crimes are eligible to be expunged or sealed, so it is important to understand the difference between the two options.  

Record Sealing in Illinois

If an individual has his or her criminal record “sealed,” this means that the record is largely hidden from public view. Most employers cannot see records that have been sealed, but law enforcement officials or prosecutors are still able to view sealed records. Only some criminal offenses are eligible for record sealing. These include:

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St. Charles drunk driving defense attorney

The state of Illinois takes drunk driving very seriously. According to the National Highway Transportation Safety Administration (NHTSA), nearly 30 people die as a result of accidents involving an intoxicated driver every day in the United States. In order to dissuade drivers from driving under the influence of alcohol or drugs, Illinois has enacted several penalties for this type of impaired driving. Penalties for second or subsequent DUI are typically much harsher than penalties for a first-time DUI. If you have been arrested and charged with driving under the influence, speak to an experienced DUI attorney to learn about your defense options.

Understanding Illinois DUI Laws

According to Illinois statutes, it is illegal for an individual to drive or be in actual physical control of a vehicle if he or she:

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