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Kane County drug crime defense attorneyThere are multiple different types of illegal drugs and controlled substances that may be available to people in the United States. These substances are strictly regulated, and possession of illegal drugs can result in serious criminal charges. However, a person can be charged with an even more serious offense if they are accused of manufacturing drugs or selling controlled substances. These charges may apply if a person allegedly sold or delivered drugs to someone else, but possession of large amounts of drugs may also be seen as an indication that a person intends to sell or distribute these substances. Those who are facing these types of drug charges should be sure to understand how Illinois law applies to their situation, and by working with a criminal defense attorney, they can determine the best strategy for defense.

Drug Manufacture and Drug Delivery Charges in Illinois

According to the Illinois Controlled Substances Act, drug manufacturing involves producing, preparing, compounding, or processing controlled substances. This may include mixing different components of a drug, synthesizing chemical substances, or packaging and labeling substances to make them available for sale. Drug delivery includes any transfer of possession of controlled substances from one person to another, whether a person does or does not receive payment or anything else in exchange.

The specific penalties for drug manufacturing or delivery will depend on the types and amounts of drugs involved in a case. For substances that are grouped in Schedule I and classified as the most dangerous and addictive drugs with little to no legitimate medical uses, manufacturing, delivering, or possessing with intent to deliver will result in Class 1 felony charges at minimum, and for larger amounts, a person may face Class X felony charges.

For example, manufacturing or delivering between 1 and 15 grams of heroin or cocaine is a Class 1 felony, and a conviction can result in a jail sentence of 4 to 15 years and a maximum fine of $250,000. For cases involving more than 15 grams, Class X felony charges will apply, and in cases involving more than 100 grams, fines may be as high as $500,000 or the total street value of the drugs. A person will face a minimum six-year prison sentence if they are convicted of a Class X felony, with longer sentences for higher amounts of drugs. The maximum sentence, which applies in cases involving 900 grams or more of heroin or cocaine, is 60 years.

While lesser charges will apply for drugs that are considered less dangerous, all cases involving the manufacture or delivery of controlled substances will result in felony charges. Even in cases involving Schedule V drugs, which are considered the least dangerous and addictive substances, a person may be charged with a Class 3 felony, and a conviction can result in a jail sentence of two to five years and a fine of up to $75,000.

Contact Our Elgin, IL Drug Charges Defense Attorney

If you have been accused of manufacturing or selling controlled substances, you need a knowledgeable attorney on your side who can help you determine your best options for defense. The Law Office of Brian J. Mirandola provides legal help in cases involving drug possession and drug trafficking, and we will fight to protect your rights and help you avoid a conviction. Contact our Kane County drug crimes defense lawyer at 847-488-0889 to set up a complimentary consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53

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Kane County DUI defense attorneyOver the past several years, marijuana use has become more and more accepted throughout the United States, and multiple states, including Illinois, have made this drug legal for people to buy and use for both medical and recreational purposes. As of January 1, 2020, Illinois residents who are over the age of 21 can possess up to 30 grams of cannabis plants, 5 grams of concentrated cannabis, or 500 milligrams of products containing THC, and visitors to the state can possess half of these amounts. However, while marijuana users may no longer face drug possession charges, they may still be charged with DUI if they are found to be operating a vehicle while under the influence of this drug.

Marijuana DUI and Related Charges

In addition to prohibiting driving with a blood alcohol content (BAC) of .08% or more, Illinois law also includes a legal limit that defines intoxication by marijuana. A driver who is arrested on suspicion of DUI may be asked to take a chemical test that measures the level of THC, the chemical that causes marijuana users to experience a “high,” that is in their system. If a driver is asked to provide a blood sample, the legal limit is five nanograms of THC per milliliter. For other bodily fluids, such as a urine sample or saliva collected through a cheek swab, the legal limit is 10 nanograms of THC per milliliter. A driver who refuses to submit to chemical testing will face an automatic suspension of their driver’s license for at least one year.

A conviction for marijuana DUI charges will result in the same penalties as a conviction for driving under the influence of alcohol. A first-time DUI is a Class A misdemeanor that will result in the revocation of a person’s driver’s license for one year, and it also carries a possible jail sentence of up to one year and a maximum fine of $2,500. Repeat DUI offenses after being convicted of driving under the influence of alcohol or marijuana will result in more serious consequences, including mandatory prison sentences and longer periods of license revocation.

Drivers should also be aware that just as it is illegal to drive with an open container of alcohol in their vehicle, they could face charges for the illegal transportation of recreational or medical marijuana. Cannabis must be transported in a sealed, child-proof, odor-proof container when it is in the passenger area of a vehicle. A violation of this law is a Class A misdemeanor. In addition to criminal penalties, a conviction will also result in a driver’s license suspension of six months for a first offense or one year for a second offense.

Contact Our Aurora Marijuana DUI Defense Attorney

If you are facing DUI charges based on the use of marijuana, you will need strong representation from an attorney who is experienced in these types of cases. At the Law Office of Brian J. Mirandola, we represent clients charged with a wide variety of criminal offenses, including cases involving drunk driving, drug possession, and driver’s license suspension or revocation. To arrange a free consultation and learn how we can help with your case, contact our Elgin criminal defense lawyer today by calling 847-488-0889.

 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.ilga.gov/legislation/publicacts/101/101-0027.htm

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Elgin IL criminal defense attorneyWhile stealing a car or other vehicle that belongs to someone else is a crime, there are a variety of other offenses that may be considered motor vehicle theft. Depending on the nature of a specific offense and the value of a vehicle that was allegedly stolen, a person could be charged with a misdemeanor or felony. People in Illinois who are facing these types of charges will want to understand how the law applies to their situation, and by working with an experienced criminal defense lawyer, they can determine their best options for achieving a positive outcome to their case.

Different Types of Motor Vehicle Theft Charges

Motor vehicle theft may involve any situation in which a person possesses a vehicle owned by someone else when they are not entitled to do so. These charges may apply if a person takes, conceals, or sells another person’s vehicle or if a person receives or transfers ownership of a vehicle that they know to be stolen. Theft of a vehicle’s “essential parts,” including its frame, doors, engine, seats, or radio, may be treated similarly to the theft of a vehicle as a whole.

Motor vehicle theft is a Class 2 felony, and a conviction can result in a prison sentence of up to seven years. Aggravated motor vehicle theft charges may apply in cases involving the alleged theft of three or more vehicles or their essential parts, or when the value of an allegedly stolen vehicle is at least $25,000. Aggravated motor vehicle theft is a Class 1 felony, which carries a maximum prison sentence of 15 years.

Other charges related to vehicle theft may apply in certain situations. Criminal trespass to vehicles, also known as joyriding, involves entering and operating a vehicle without the owner’s permission. Joyriding is a Class A misdemeanor, which can result in a one-year prison sentence. Vehicular hijacking (carjacking) charges may apply if a person allegedly took possession of a vehicle by force or the threat of injury. Vehicular hijacking is a Class 1 felony. Charges may be elevated to aggravated vehicular hijacking if a vehicle was allegedly taken from someone over the age of 60, if a passenger under the age of 16 was in the vehicle, or if a person was allegedly carrying a firearm or another deadly weapon. Aggravated vehicular hijacking is a Class X felony, which carries a maximum prison sentence of 30 years, and in cases involving deadly weapons, additional time may be added to a sentence.

Contact Our Kane County Vehicle Theft Defense Attorney

If you have been accused of motor vehicle theft or any related charges, you will want to secure representation from an attorney who can help you build an effective defense strategy. At the Law Office of Brian J. Mirandola, we can advise you of your best options, and we will work to help you avoid a conviction or avoid serious charges whenever possible. Contact our Aurora criminal defense lawyer at 847-488-0889 to schedule a complimentary consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+4&ActID=1815&ChapterID=49&SeqStart=70200000&SeqEnd=75100000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-2

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+18&ActID=1876&ChapterID=53&SeqStart=62300000&SeqEnd=63000000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-118

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Aurora IL traffic violation defense attorneyMost people have received a traffic ticket at some point in their lives, and in many cases, drivers are cited for minor traffic violations, such as speeding, running a red light, or failing to use turn signals. After receiving a traffic ticket, a driver will usually be required to pay a fine, and their insurance rates may increase. However, drivers should also be aware that multiple violations or serious traffic infractions could result in the suspension of their driver’s license. In these cases, drivers will want to work with an attorney and determine whether they can contest traffic violations and avoid the loss of their driving privileges.

License Suspensions Under the Illinois Point System

When a driver is convicted of a traffic violation, a certain number of points will be added to their Illinois driving record. The number of points is based on the severity of the offense. Minor violations will usually involve between 5 and 20 points. For example, a speeding ticket where a driver was traveling 10 miles per hour or less over the speed limit is worth five points, and disregarding a traffic light or signal is worth 20 points. More serious offenses may involve between 25 and 55 points. Examples of these types of violations include aggravated speeding at least 26 miles per hour over the speed limit, which is worth 50 points, or reckless driving, which is worth 55 points.

Drivers over the age of 21 who are convicted of three or more traffic violations within a 12-month period will have their driver’s license suspended. Drivers under the age of 21 will face a license suspension if they receive two or more traffic violations within 24 months. The length of a suspension will depend on the total number of points on a person’s driving record. For example, a two-month suspension will apply if a driver has between 15 and 44 points, while a four-month suspension may apply if they had previously had their license suspended or revoked within the past seven years, including statutory summary suspensions following a DUI arrest.

Drivers who have accumulated at least 110 points will have their license revoked. Following a license revocation, a driver will need to apply for driver’s license reinstatement with the Illinois Secretary of State, and they will need to demonstrate that they are taking the proper measures to ensure that they will drive safely and avoid causing harm to other people who use the roads.

Contact Our Elgin Driver’s License Reinstatement Lawyer

If you are facing the possible loss of your driver’s license because of multiple traffic tickets, the Law Office of Brian J. Mirandola can help you determine how to address this situation. We will work with you to determine whether you can contest a traffic violation or whether you can avoid a conviction by participating in traffic safety education or other programs. If your license has already been suspended or revoked, we can help you complete the driver’s license reinstatement process. To learn how we can help you protect your driving privileges, contact our Kane County traffic violation attorney at 847-488-0889 and arrange a free consultation today.

 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

https://www.ilga.gov/commission/jcar/admincode/092/092010400000300R.html

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Elgin IL criminal defense attorneyIn recent years, advocates for criminal justice reform have fought against bail requirements for criminal defendants. When a person is charged with a crime, they will usually be required to pay an amount of bail set by a judge before they can be released from police custody. Advocates have argued that this places an unfair burden on lower-income defendants, and the practice has led to many people being required to remain in prison while awaiting trial if they are unable to raise the funds to secure a release. Recently, Illinois passed a law that will eliminate cash bail, along with other changes meant to protect the rights of defendants and address police accountability.

Pretrial Detention and Release in Illinois

The new law, which was passed on January 13, 2021, and is currently awaiting Governor J.B. Pritzker’s signature, will make all defendants eligible for pretrial release without the requirement to post monetary bail. However, there are a number of exceptions that may prevent a person from being released. These include situations in which a person is charged with a violent crime, including:

  • Felonies involving the use or threat of physical force, such as first-degree murder or sexual assault

  • Stalking cases in which the defendant is likely to present a threat to the alleged victim

  • Domestic violence cases in which the defendant allegedly presents a threat to one or more family members or people in their household

  • Weapons charges involving allegations that the defendant poses a threat to a specific person

In some other cases involving felony charges, a person may be denied pretrial release if it is believed that they are likely to flee or not show up for future court dates. However, the burden of proof will be on prosecutors to demonstrate that a defendant should be held in pretrial detention instead of being granted release. These changes to the pretrial release system in Illinois will go into effect on January 1, 2023.

Other Criminal Justice Reforms

In addition to making these major changes to the bail system, the law also includes several provisions meant to protect the rights of prisoners and detainees. People in the custody of police or the department of corrections will have the right to receive reasonable medical treatment without unnecessary delays. Those who are in police custody will also have the right to make up to three phone calls before being questioned by officers.

The law also took steps to address police accountability and reduce police brutality. It bans the use of chokeholds and certain types of military equipment by police, while also requiring officers to use the proper crowd control measures. It also requires officers to intervene and render aid if another officer uses excessive force, and it will require police departments throughout Illinois to use body cameras by 2025.

Contact Our Aurora Criminal Defense Lawyer

While these changes will help protect the rights of those who are charged with crimes in Illinois, defendants will need to be sure they are represented by a lawyer during a criminal case. The Law Office of Brian J. Mirandola can provide the defense you need, and we will help you understand the steps you can take to avoid a conviction. To learn how we can help with your case, contact our Elgin criminal defense attorney at 847-488-0889 to set up a free consultation.

 

Sources:

https://www.nbcchicago.com/news/local/chicago-politics/hb-3653-heres-a-look-at-whats-included/2415933/

https://www.npr.org/2021/01/25/960465847/illinois-becomes-1st-state-to-drop-cash-bail-system

https://www.pantagraph.com/news/state-and-regional/govt-and-politics/a-look-back-at-how-lawmakers-ended-cash-bail-in-illinois/article_b2f5d01d-f354-5b2e-86b5-4245ef416438.html

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