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aurora defense lawyerSearch warrants allow police officers to safely search your person and property in order to gather criminal evidence. At the same time, the Fourth Amendment of the U.S. Constitution protects the American people from unreasonable searches. When police searches are done without reasonable cause, any discovered evidence discovered may be thrown out at trial. Defendants facing criminal charges after an officer found criminal evidence in a search should be aware of what constitutes a legal search and what steps to take if their search and seizure were illegal. 

What Circumstances Allow for a Search and Seizure?

If the officer has reasonable suspicion that you have committed a crime, they are permitted to search you for drugs, weapons, or other criminal evidence. A lawful search is meant to protect the officer, limit your ability to escape, and allow the officer to find evidence of a crime. The searches must always be done within reason. 

Police typically need a search warrant to search a person’s home, but there are several exceptions to this rule - including situations in which evidence is in plain sight. Search warrants must be approved by a judge. To gain approval, the officer must provide justification that proves the defendant is involved in a crime and that a search would likely yield evidence to support that involvement. It is required for all search warrants to be conducted within 96 hours of approval.

There are other manners in which police officers may gain access to your home or property. For instance, if you consent to a search, the warrant requirement will be waived. Exigent circumstances may also waive the need for a search warrant. When there is not enough time to get a warrant prior to evidence being destroyed or people’s safety being jeopardized, exigent circumstances will allow for a search. The law affords a lesser degree of privacy when it comes to vehicle searches. 

Was The Search And Seizure Illegal?

Search limitations are put in place by the U.S. Constitution to protect citizens’ privacy and security against invasions. Illegal searches performed by police officers are one of the most common reasons for suppressed evidence and dismissed charges in a criminal case, specifically in drug possession cases. 

 If you are charged with a drug crime after an officer performs an unlawful search, a lawyer can help you avoid the conviction by getting the evidence excluded from the trial. In other cases, a court may decide to suppress evidence if the warrant was missing significant details. Additionally, if an officer oversteps the scope of the search warrant, the court may deem that the evidence was illegally obtained. 

Contact an Aurora, IL Criminal Defense Attorney

If you believe that you were charged with a drug crime due to an officer performing an unlawful search and seizure, there are steps you can take to combat these charges. It is recommended that you write down all of the details immediately after the search, including the time and place, the officer’s name and badge number, and the type of car the officer was driving. 

Once you have documented this information, it is highly suggested that you contact a criminal defense attorney who can use your gathered information to fight these charges. If your home or property was searched without a warrant or probable cause, a Kane County criminal defense attorney can use this illegal search as a strong starting point to get your charges dismissed. Contact The Law Office of Brian J. Mirandola to schedule your free consultation by calling 847-488-0889. 

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1966&ChapterID=54&SeqStart=10300000&SeqEnd=11900000

 

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b2ap3_thumbnail_shutterstock_667129969-min.jpgInteractions with police and other authority figures can make for very tense situations. It is imperative to be mindful of your actions and how those actions may be perceived during these exchanges. Most people know to comply with an arresting officer, even if that means being placed in handcuffs. However, the faintest of actions may be perceived as defiance, landing an additional charge of resisting arrest. Because this misdemeanor can lead to such harsh penalties, it is critical to understand both what is expected of you as well as your constitutional rights during and after this confrontation. 

Resisting Arrest Explained

Resisting arrest is a very serious charge that can lead to severe consequences. The defining factors of this charge are so vague that offenders may not even be aware of how their actions are being perceived -- or misperceived. In the state of Illinois, if an individual knowingly obstructs the performance of a peace officer, firefighter, or correctional institution employee, they could be charged with resisting arrest. Obstruction can be perceived and defined in many different ways, making this charge incredibly common. Some actions that could potentially lead to a resisting arrest charge include:

  • Pulling away from the officer during the arrest

  • Running away from the officer to avoid arrest

  • Refusing to put your hands on the squad car

  • Refusing to lay down on the ground 

Unfortunately, this type of misdemeanor charge can be caused by much simpler acts such as the offender slightly pulling their hands away while being cuffed. 

What Are The Penalties for Resisting Arrest?

With no standard protocol for resisting arrest and a great deal of confusion regarding what actions may constitute this misdemeanor, facing this charge can be discomforting. As a Class A misdemeanor, resisting arrest can lead to up to one year in jail and a maximum $2,500 fine. Additionally, Illinois law mandates a 48 hour incarceration period for anyone convicted of resisting arrest with a minimum community service requirement of 100 hours. Furthermore, resisting arrest is not eligible for expungement, which means that the charge will remain on a permanent record. 

Contact an Elgin, IL Criminal Defense Attorney Today

Interacting with law enforcement does not always allow for the most comfortable circumstances. Factors such as stress, confusion, and miscommunication can lead to a police officer misinterpreting your actions, potentially leading to a charge for resisting arrest. A Kane County criminal defense attorney can collect evidence against this charge and provide guidance toward a successful defense. Contact The Law Office of Brian J. Mirandola today for a free consultation by calling 847-488-0889.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

 

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Posted on in Criminal Defense

kane county defense lawyerThe most widely known right to all United States citizens is the right to be considered innocent until proven guilty. While this right alone plays a vital role in our justice system, it's critical to recognize the importance of the other rights held by any and all criminal defendants. If you have been charged with a crime, a Kane County criminal defense attorney can help you protect your rights and represent your best interests in the case. 

What Are My Rights as a Defendant in a Criminal Case?

In the United States, individuals accused of a crime have certain rights. These rights include but are not limited to:

  • The Right to a Speedy Trial - Every defendant in the state of Illinois has the right to a speedy trial. This permits a time constraint of 120 days for the individual to be tried in court after being taken into custody. This law is supported by the state’s compulsory joinder rule. 
  • The Right to a Trial by a Jury of Their Peers - Any individual accused of a criminal offense has the right for their case to be heard by a jury. This individual also has the right to waive that jury. 
  • The Right to an Attorney - The court shall pause proceedings if the defendant wishes to acquire counsel. The defendant shall be given ample opportunity to obtain an attorney and consult with said attorney before proceedings resume. 

The Right to an Attorney

A defendant is guaranteed the right to an attorney for criminal cases under the Sixth Amendment of the U.S. Constitution. It is the defendant’s responsibility to acknowledge this right and make the request for counsel in court. If this request is made, and the defendant is incapable of obtaining an attorney on their own terms, the courts will appoint one for them. The right to an attorney extends through the interrogation, trial, and sentencing phases. 

This is another right that may be waived, however, in some cases waiving this right will be denied. For example, if the defendant in delinquency proceedings is a minor, the state of Illinois requires counsel be appointed. 

Contact an Elgin, IL Criminal Defense Lawyer Today

If you were charged with a crime, contact an Elgin defense attorney for legal support and representation. When facing criminal charges head-on, it's important to be aware of your rights as the defendant. An attorney can help you fully understanding your rights and how best to take advantage of them in your case. Attorney Brian Mirandola has over 20 years of experience in the criminal defense practice in Elgin, IL and surrounding areas. Attorney Mirandola leverages his vast experience to protect your rights and provide personalized legal guidance. Call the Law Office of Brian J. Mirandola today at 847-488-0889 for a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+3&ActID=1876&ChapterID=53&SeqStart=5200000&SeqEnd=6100000

https://sixthamendment.org/know-your-state/illinois/

 

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Posted on in DUI

elgin drugged driving lawyerWith the legality of marijuana expanding across the 50 states and prescription medication becoming ever more common, the laws surrounding drugged driving continue to adapt. Because of these adaptive and varied cases, it is important to understand the available options when faced with driving under the influence (DUI) charges. While DUI laws may initially seem confusing, a Kane County defense attorney can help you move forward. 

The Illinois vehicle code statute includes seven ways in which someone may be found guilty of driving under the influence. It is against the law to drive while impaired driving due to by drug or combination of drugs. Cases and outcomes can vary immensely based on the legality of the drugs in the person’s system. Since legalizing recreational use of marijuana in Illinois in 2020, driving under the influence of marijuana is addressed similarly to drunk driving. The legal limit for THC is 5 nanograms of THC per milliliter of blood.

A major difference between DUIs brought on by illegal drugs versus prescription medication or recreational marijuana is the integration of “per se” law. According to Illinois law, a driver may be charged with DUI if he or she has any amount of a controlled substance in his or her system while driving. Per se law can be implemented even if the individual believes that he or she is capable of driving safely. 

Penalties Resulting from Drugged Driving

If you are a first-time DUI offender in the state of Illinois, you will face a Class A misdemeanor. Other potential penalties include:

  • Drivers license suspended for one year

  • Maximum fine of $2,500

A second time offender could lead to more penalties, increasing in number and harshness: 

  • Driver license suspended for a minimum of five years

  • Maximum fine of $2,500

  • Requirement of 5 days in jail or 30 days of community service

If you have three or more offenses, you will face a class 4 felony, potentially consequences such as:

  • Drivers license suspended for 6 years

  • Maximum fine of $10,000

  • Possibility of 3 years of imprisonment

  • Mandatory drug treatment

Much like the laws themselves, the penalties for the law violations vary greatly depending on each circumstance. For instance, it is likely penalties will increase if there is a passenger in the vehicle under the age of 16. Another example in which penalties may worsen for the defendant is if the impaired driving caused any harm to others. 

Call An Elgin, IL Criminal Defense Attorney

No matter how “under the influence” is defined, it is a very serious offense. If you have been charged with a DUI of any type, a Kane County criminal defense lawyer can help you. Call The Law Office of Brian J. Mirandola at 847-488-0889 for more information and a free consultation.

 

Sources: 

https://www.ilga.gov/legislation/ilcs/documents/062500050k11-501.htm

https://norml.org/laws/drugged-driving/illinois-drugged-driving/

 

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elgin defense lawyerWith prices going up and wages stagnant, retail theft is becoming a more common occurrence in Illinois. Getting arrested for retail theft is a serious matter that can carry heavy consequences, like fines, jail time and a permanent criminal record. If the price of the stolen goods exceeds $300, you could even be charged with a felony. 

Steps to Take If You Are Facing a Retail Theft Charge

Facing a retail theft charge can certainly be a frightening experience. However, what you do after the fact can have a major impact on the outcome of your case. Here are a few steps to take if you are charged with this crime.

  • Do not run away from store security. When you are about to be detained by store security for shoplifting, you may feel nervous and scared. However, that does not mean you should try to flee the scene. Doing so can make you look guilty and further complicate your case. To avoid more issues, comply with security.

  • Say as little as possible to the police. After the police detain you for retail theft, they may try to ask you questions about what happened. The officers may even lead you to believe that they will go easier on you if you admit guilt. Do not discuss the details of your case with police because they are not there to help you. Tell them that you do not want to talk about your case without a lawyer present. 

  • Consult a criminal lawyer. Shoplifting is considered a serious offense, so you should not attempt to represent yourself. It is in your best interest to hire a skilled Illinois criminal attorney. This attorney will defend you to the best of his or her ability and prepare you for court proceedings. He or she will also ensure that your rights are protected and that you do not say or do anything that will harm your case. 

  • Avoid further arrests. When you are already dealing with a retail theft charge, the last thing you want to do is get arrested again. If you get charged with another crime, it can lead to harsher consequences.

Contact an Elgin, IL Criminal Defense Attorney

If you have been charged with retail theft, you should get in touch with a Kane County criminal lawyer. At the Law Office of Brian J. Mirandola, we will fully assess your case and come up with the best defense. Call us at 847-488-0889 to schedule a free consultation.



Source:

 https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25

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