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St. Charles criminal defense DUI attorney

In Illinois, it is against the law to operate a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. During a police stop in which an officer suspects that a person was driving under the influence (DUI), breathalyzers or field sobriety tests may be used to estimate a driver’s BAC. However, a police officer cannot force a driver to submit to a breath test or field sobriety test. Technically, Illinois motorists do have the option to refuse the test. However, doing so may result in several negative consequences.    

Understanding “Implied Consent” in Illinois

Many people do not realize it, but they actually give police officers permission to test their blood alcohol content when they choose to drive on Illinois roads. Illinois law states that drivers give “implied consent” to testing for the purpose of determining the amount of alcohol or drugs in their system. Police officers are permitted to request a breath test or other chemical test if there is probable cause to believe that someone who is in “actual physical control” of a vehicle is under the influence of alcohol or drugs. If a law enforcement officer suspects a motorist of driving while intoxicated, he or she will typically ask the driver to submit to field sobriety tests and/or a breath test. If the driver refuses to take these roadside tests, this refusal may give the officer probable cause to make an arrest. Following the arrest, a driver will be asked to take a breath, blood, or urine test to measure their BAC. The implied consent laws apply to these post-arrest tests, and refusal to submit to this type of testing will result in administrative penalties, in addition to any criminal penalties resulting from a DUI conviction.  

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Posted in DUI | Tagged breathalyzer DUI charges DUI laws Illinois criminal defense lawyer implied consent

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St. Charles identity theft attorney

The Internet has become one of the most important elements of the modern world. As Internet use becomes more and more pervasive, so do Internet-based crimes. Cybercrime can include identity theft, information theft, hacking, phishing, fraud, and more. Hacking and other types of cybercrimes are looked upon by some people as little more than a recreational activity. A number of television shows and movies have glamorized certain forms of cybercrime while downplaying the severity of these offenses. To be clear, identity theft and other types of Internet crimes are serious criminal offenses that are punishable by harsh fines and substantial jail time in Illinois.

Financial Identity Theft Versus Criminal Identity Theft

Financial identity theft occurs when an individual illegally acquires another party’s financial information and uses it to make withdrawals from the victim’s bank account, open credit card accounts in the victim’s name, apply for loans, make unauthorized purchases, and more. There are countless ways that this type of identity theft can happen. For example, financial identity theft may occur when the alleged offender finds the victim’s credit card details discarded in the trash and then uses the data to make purchases online. Data breaches may allow people’s bank account information and PIN numbers to be released online and available to the public. More recently, devices called credit card skimmers are being used to steal the information contained in a credit or debit card’s magnetic strip.

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Posted in Criminal Defense | Tagged criminal charges felony theft identity theft Illinois criminal defense lawyer internet crimes

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St. Charles child pornography defense attorney

The Illinois Sex Offender Registry website is an Internet database that lists individuals who have been convicted of certain sex offenses. The database lists the names, addresses, photographs, and physical descriptions of perpetrators. It also includes information about the specific crimes for which the offender has been convicted. This information is available to anyone with access to the Internet, including friends, family members, neighbors, and potential employers. If you have been accused of a violent or sex-related crime, you should speak to a skilled criminal defense attorney as soon as possible to protect your future.

Types of Sexual Crimes

In some cases, a conviction is not needed for a criminal defendant to be required to register as a sex offender. A defendant may still be required to appear on the sex offender registry if he or she is found not guilty by reason of insanity, pleads no contest, takes a plea deal, and in other specific circumstances. Criminal offenses that require the offender to register as a sex offender include but are not limited to:

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Posted in Sex Offenses | Tagged criminal charges Illinois criminal defense lawyer sex crimes sex offender registry sexual assault

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St. Charles drunk driving defense attorney BAIID

Many people know that being convicted of driving under the influence (DUI) can result in the loss of driving privileges in Illinois. However, you may not realize that a motorist can receive a driver’s license suspension for a DUI arrest as well. If you fail a “Breathalyzer” test or other blood alcohol content (BAC) chemical test, you will face a six-month license suspension called a statutory summary suspension. If you are asked by a law enforcement officer to take a BAC test after being arrested, and you refuse to do so, your license could be suspended for one year. Driving with a suspended license can result in severe criminal consequences. Fortunately, some individuals with a suspended driver’s license may regain their ability to legally drive if they qualify for certain driving permits and install a breath alcohol ignition interlock device (BAIID) in their vehicle.

Understanding BAIIDs

A BAIID is similar to a Breathalyzer device. It is a small piece of equipment that measures the amount of alcohol on someone’s breath and uses that data to estimate the person’s BAC. Once a BAIID is installed in your vehicle, you will need to submit a breath sample by breathing into the device whenever you want to turn on the car. If your BAC is above 0.25 percent, the ignition will not work, and the automobile will not start. If you submit a breath test that is below the BAC limit, the car will start normally. You will also be required to submit breath samples throughout the duration of your trip.

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Posted in DUI | Tagged BAIID drunk driving DUI charges ignition interlock device St. Charles criminal defense attorney

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St. Charles theft defense attorney

When most people think about the criminal offenses of theft or stealing, they assume that a person can only be charged with theft if he or she actually takes something from someone else. However, under Illinois law, you can also be charged with theft for receiving stolen property or being in possession of property that was stolen. You may not have been the person who committed the act of taking the property from a store, residence, or other location, but you may still face criminal charges for the theft. Therefore, if you or someone you know is accused of this crime, it is essential that you have professional legal representation.

Illinois Law Regarding Theft

The term “theft” can refer to a wide range of actions, including burglary, shoplifting, carjacking, larceny, embezzlement, extortion, identity theft, and fraud. According to Illinois statutes, theft occurs when a person knowingly:

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Posted in Theft | Tagged possession of stolen property St. Charles criminal defense attorney stealing stolen goods theft

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