970 McHenry Avenue, Crystal Lake, IL 60014
Botto Gilbert Lancaster, PC

Call Today for Your FREE Consultation

Call Us800-338-3833 | 815-338-3838

Facebook Twitter LinkedIn
Subscribe to this list via RSS Blog posts tagged in McHenry County criminal defense attorney

What Are Your Rights When You Have Been Arrested?With people around the world protesting police mistreatment of people of color, this is a good time to educate yourself about your rights if a police officer arrests you. By understanding your rights, you can avoid saying or doing something that could be used against you in a criminal case. There are rules that all officers in the U.S. must follow during an arrest to ensure that the arrestee’s constitutional rights are not being violated. Unfortunately, some police officers violate the rules, which can result in unlawful arrests or harm to the arrestee. Proving police misconduct during your arrest could lead to the charges against you being reduced or dismissed.

Miranda Warning

Leading up to and after your arrest, a police officer may ask you questions in hopes that you will provide information that can be evidence in a criminal case. It is in your best interest to not provide the officer with any information other than identifying yourself. After your arrest, the officer is required to read the Miranda warning to you before they ask more questions. The Miranda warning informs you that:

  • You have the right to remain silent
  • Statements you make to the police can be used as evidence against you
  • You have the right to request an attorney before speaking to the police
  • An attorney will be assigned to you if you cannot afford one

If no one reads your Miranda warning, any statements that you make in response to police questions after your arrest will be inadmissible as evidence in court.

...

Why a Driver’s License Revocation Is More Severe Than a SuspensionLosing your driving privileges is a cumbersome penalty that you can face for various infractions in Illinois. People often refer to a driver’s license suspension and a driver’s license revocation as if they are the same thing. Both have the same result of making it illegal for you to drive unless you receive a Restricted Driving Permit. However, a driver’s license revocation is more severe and will make it more difficult for you to regain your driving privileges. You will need the help of an experienced license reinstatement lawyer in order to get your license back.

What Is the Difference Between Suspension and Revocation?

When your driver’s license is suspended, you still possess it but it is temporarily inactive. You could have a definite suspension, in which your license is suspended for a set amount of time, or an indefinite suspension, in which reinstatement of your license is dependent upon meeting conditions such as paying fines. Once the conditions for ending the suspension have been met, you will automatically be eligible for reinstatement of your license.

When your driver’s license is revoked, it has been terminated so that it no longer exists. To regain your driving privileges, you will need to apply for a new driver’s license after a set waiting period. The Illinois Secretary of State’s office must grant permission for you to reinstate your license, which it will determine at a hearing. In order to receive permission, you may need to show that you will not be a danger to yourself or others if you are allowed to drive.

...

How Illinois Residents Can Be Charged With Resisting ArrestThere are some laws in Illinois that are meant to punish people who interfere with a police officer who is performing their job. One such criminal charge is resisting arrest, which is when a person knowingly obstructs an officer’s efforts to detain them. Resisting arrest is often an additional charge, on top of the charge for which the person was arrested. A conviction in Illinois will result in a minimum of 48 hours in jail and 100 hours of community service. It is possible to contest a resisting arrest charge, but the law’s broadness makes it difficult.

What Counts as Resistance?

The law does not specify the actions that meet the definition of resistance or obstruction. This allows police officers to interpret various behaviors as “resisting arrest,” such as:

  • Fleeing from an officer
  • Not responding to the officer’s orders
  • Struggling when the officer is putting handcuffs onto the suspect

The fact that the police officer is often the aggressor during arrests makes avoiding a resisting arrest charge more difficult for the arrestee. When a police officer suddenly grabs or tackles you, your natural reaction is to protect yourself. You may believe that you have the right to resist the arrest if you have done nothing wrong and the police officer has no reason to arrest you. Unfortunately, you can be convicted for resisting arrest when the arrest was unlawful as long as you knew that you were under arrest.

...

What Are a Juvenile’s Rights After Being Arrested in Illinois?When a juvenile in Illinois is accused of committing a crime, they often face a different justice system than adults. The Illinois Juvenile Justice System calls juveniles “delinquent minors” instead of criminals. The juvenile court places greater importance on rehabilitating the juvenile than punishing them. It is easier to expunge a juvenile’s arrest and criminal records than it is for adults. Knowing all of this, your child is better off in a juvenile court than an adult criminal court if they are arrested. How does Illinois determine whether a case belongs in juvenile court? What are a juvenile’s rights during the arrest? These are important things to know if your child has been charged with a crime.

Juvenile Court Requirements

The age of the defendant and the nature of the criminal charge will decide whether a person is tried as a juvenile or an adult. In Illinois, a defendant is tried as a juvenile if:

  • They are 17 or younger and were charged with a misdemeanor
  • They are 16 or younger and were charged with a felony

Illinois will use the age the defendant was when they allegedly committed the offense, not their age at the time of the trial. Once a case has been heard in juvenile court, the court can continue jurisdiction over the case until the defendant is 21.

...

How Is Selling Drugs Treated Differently From Possessing Drugs?A conviction for possessing a controlled substance is a serious offense in Illinois. Depending on the drug involved and the amount in your possession, you could face years in prison and up to $200,000 in fines. A conviction for selling or delivering a controlled substance is more costly. Both the prison time and fine can be twice as long, and prosecutors are more likely to bring additional charges that are related to the offense. Though you want to avoid a drug possession conviction, it may be the preferable option if the alternative is a conviction for possessing drugs with the intent to deliver.

Proving Intent

Catching someone in the act of selling or attempting to sell a controlled substance shows intent by the person in possession of the substance. However, police can also accuse someone of intending to sell or deliver a controlled substance without witnessing a transaction. They will often cite circumstantial evidence as proof of intent. For instance, the police may deduce that someone intended to sell drugs if they possessed a quantity that is greater than what someone would have for personal use. Equipment used for manufacturing or distributing drugs and electronic conversations that suggest an intended transaction may also be evidence.

Level of Penalties

Just as with possession, the type and quantity of the controlled substance someone is accused of distributing will change the severity of the charge. Illinois categorizes controlled substances into five schedules, based on their potential for addiction and recognized medical benefits. Schedule I and II drugs are considered to be the most addictive and to have the fewest medical benefits. They include drugs such as cocaine, heroin, LSD, and methamphetamines. A conviction for delivering or intending to deliver these substances is severe. It is a Class X felony to sell 15 grams or more of these substances, which includes a fine of as much as $500,000 or equal to the street value of the drug. The possible prison sentence depends on how much someone possessed. You could face:

...
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
Back to Top