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IL accident lawyerBeing involved in a car accident can be a scary thing especially if you are the one who caused the collision. However, it is important that all persons involved in the crash remain at the scene so that police can arrive and take statements as to what happened. Fleeing the scene of a car accident is a crime in Illinois which can lead to fines and/or jail time. If the offending driver was under the influence at the time of the collision, they will also be charged with a DUI and can have their driving privileges suspended.

What Does the Law Require?

Illinois law says that all drivers involved in a crash must:

  • Stop their vehicle immediately
  • Check the other drivers and passengers for injuries
  • Move their vehicle - if it can move - to the side of the road
  • Turn on hazard lights so other cars can avoid the stopped cars
  • Call the police to report the collision

A driver will not be breaking the law if they move their car off of the road and into a safe location such as a parking lot or a less-trafficked side street.

If a driver does leave the scene, they can be found if the other driver involved can take their license plate and report the accident to the police. If caught, the driver will be charged with a Class A misdemeanor punishable with:

  • Up to one year in prison
  • Fines of up to $2,500

In addition, the victim of the collision can petition for compensation for damage done to their vehicle as well as any injuries caused by the accident.

How to Defend Charges for Fleeing the Scene

Unless the victim of the car accident can clearly identify the driver of the fleeing vehicle before it is gone, it would be hard for the prosecutors to determine who was behind the wheel at the time of the incident.

A common defense that the owner of the car involved in the collision can use is claiming that they were not behind the wheel at the time of the crash. Other defenses include:

  • Not being aware that a collision occurred
  • The other driver became enraged making you uncomfortable in staying
  • The offending driver stopped in a safe spot that was farther away than they realized
  • Unable to stop immediately, but called the police after arriving somewhere safe

Contact an Elgin, IL Traffic Violations Attorney

A car accident is a traumatic event that should not be made worse by charges issued after the fact. If you have been involved in a car accident and are now facing charges for fleeing the scene, hire a lawyer from the Law Offices of Brian J. Mirandola who can make sure your rights are not compromised. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402

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IL domestic violence lawyerAbuse or domestic violence can come in all varieties. An alleged abuser can physically harm their victim or they can cause mental harm by verbal abuse or manipulation. Whichever form it comes in, domestic violence is a serious crime that can change the dynamic of a household.

Kidnapping is a felony offense and while it may not be directly considered domestic violence, in Illinois it is a way that an alleged abuser can violate an order of protection. This will bring about further consequences to the kidnapper.

What is an Order of Protection?

Most cases of domestic violence are when the woman in the relationship is the victim to the man. Some other cases see children as the victims to either parent. For each case, though, victims of domestic violence can elect to put an order of protection in place.

They do this by:

  • Reporting the abuse
  • Asking an attorney to file for one in civil court
  • Ask for one during a divorce
  • Request one during the criminal trial for abuse
  • Obtain papers from the circuit clerk’s office
  • Ask help from a domestic violence program

Once the protection order is in place, the alleged abuser will be barred from contact with the victim(s). This includes contact via physical proximity as well as phone calls or emails. In the end, protection orders serve the purpose of halting the abuse and protecting the victims.

Violation of a protection order is a Class A misdemeanor in Illinois. Abusers can go to jail for up to one year and/or pay a fine of $25 for first offenses.

How Does Kidnapping Violate a Protection Order?

Since an order of protection limits contact between abuser and victims, kidnapping goes against how the court expects an alleged abuser to behave.

Illinois law defines kidnapping as:

  • Secretly confining a victim without their consent
  • Forcibly carrying a person from one place to another with intent to conceal them without their consent
  • Deceiving a person to come with an alleged kidnapper to a secret place
  • Keeping a child away from his/her parent

These crimes are charged as a Class 2 felony in Illinois which the alleged abuser will face on top of punishments for violating a protection order.

Contact an Elgin, IL Domestic Violence Lawyer

Domestic violence cases can get messy if one person tries to seek vengeance against the other person. An alleged abuser could be framed for violating a protection order if the victim wants more justice than is lawful. If you are fighting charges for violating an order of protection, contact a lawyer from the Law Offices of Brian J. Mirandola to protect your rights. To schedule a free consultation with a Kane County domestic violence lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

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Posted on in Fraud

IL defense attorneyIllinois has two separate laws covering forgery and identity theft, however, they are both deceptive practices that are taken seriously due to the harm it causes a victim. Forgery is a crime that could lead to identity theft because it starts with using someone else’s signature to steal money, goods, or personal information. Both crimes are felony offenses, but for identity theft, punishments become more severe depending on the harm done to a victim.

What Is the Difference?

Illinois law says that someone commits forgery when they do any of the following with the intent to defraud a victim:

  • Make or alter a document that has false information
  • Deliver false documents with the knowledge that the information is false
  • Possession with intent to deliver false documents
  • Obtain, possess, or sell another person’s personal information unlawfully
  • Use an electronic device to create a false signature for another person
  • Writing the signature of another person to cash a check or purchase goods

These actions touch the shallow end of identity theft because once a person has the personal information of another, they have the tools they need to commit the more hurtful crime. Forgery is a Class 3 felony most of the time; charges are elevated to a Class 4 felony if a Universal Price Code Label is forged.

Identity theft is covered in greater detail by Illinois law. The crime is defined as someone using the personal and financial information of another in order to obtain money, goods, property, or anything else of value.

Once the alleged thief has the victim’s personal information, they commit identity theft by:

  • Using another’s information to commit another type of felony
  • Selling or distributing another person’s information to others who will commit another felony crime
  • Using another’s information even though they know the information is stolen
  • Using another’s information to portray themselves as the victim in order to commit a crime or obtain items of value
  • Using another’s information in order to gain access to more personal of financial information
  • Aggravated identity theft: stealing personal or financial information from a person over the age of 60 years

Like forgery, identity theft is a felony offense. Depending on the severity of the crime - the monetary value of goods stolen and the amount of previous identity theft convictions against a thief - the charges can range from Class 4 to Class X felonies.

Contact an Elgin, IL Criminal Defense Lawyer

Any deceptive crime can be harmful to a victim and can change the life of an alleged thief not only through a criminal record, but also their reputation in the community. If you are being accused of identity theft, hire a lawyer from the Law Offices of Brian J. Mirandola. Our lawyers have experience making sure a client’s rights are not being violated during a litigation. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

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Posted on in DUI

IL DUI lawyerThere is a more severe DUI penalty in Illinois known as aggravated DUI that can be issued as a result of the nature of the offense. A driver can also be charged with aggravated DUI if they have three or more DUI violations on their driving record.

All charges of aggravated DUI are tried as felony offenses with mandatory jail time, community service, and heavy fines as punishment.

When Is Aggravated DUI Charged?

It is considered excessive if a person drives their vehicle under the influence three or more times. Therefore, charges are boosted to aggravated DUI felonies for just even being pulled over and arrested.

However, there are other aspects that can turn a DUI charge into an aggravated DUI offense:

  • DUI is committed while driving a school bus with minors (under 18 years old) present
  • DUI results in great bodily harm or disfigurement to another person
  • DUI is committed when the driver does not have a valid license
  • DUI is committed when the driver does not have car insurance
  • DUI results in the death of another person
  • DUI is committed within a school zone and a crash occurs
  • The DUI driver leaves the scene of a crash that they caused

Aggravated DUI charges start at Class 4 felony which is punishable with a prison term of 1-3 years and a fine of up to $25,000. A driver could face higher penalties up to Class X felony punishable with a prison term of 6-30 years and fines of up to $25,000.

Other Punishments for Aggravated DUI

Like a normal DUI offense, aggravated DUIs go on a driver’s permanent driving record. This makes them at risk of even higher penalties if they repeat their offense. Drivers can also see their licenses suspended or revoked depending on the amount of DUI convictions on their record.

The Illinois court system could also make any DUI offender meet certain criteria before and after earning their license back:

  • Community service
  • Completion of a drug or alcohol program
  • Carry high-risk insurance for three years
  • Complete a suspension period before applying for a restricted license

On top of that, if a person is injured or killed during a DUI offense, the at-fault driver will be responsible for paying any compensation to the injured parties or the family of the deceased.

Illinois could charge a driver with reckless homicide if a death occurs during a DUI violation. This will revoke a driver’s license and see the driver in prison.

Contact an Elgin, IL DUI Defense Attorney

In DUI cases, the offending driver should always hire a lawyer who can build a defense against more serious punishment than necessary. The lawyers of the Law Offices of Brian J. Mirandola have experience making sure their clients are treated fairly and that their rights are not violated. To schedule a free consultation with a Kane County DUI defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.ncdd.com/illinois-dui-laws

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IL defense lawyerIt is against Illinois law to knowingly drive on tires that are old and worn out. The result of traveling on worn tires could be having a blowout and losing control of your vehicle. This is why driving with worn tires can be punishable as reckless driving.

The knowledge of the tires being worn out is what will convict a person of reckless driving. This is because the offending driver knew they were driving a vehicle that was unsafe, thus putting other drivers at risk of a crash.

How Do I Know if My Tires are Worn Out?

On average, a tire should be replaced every three or four years. If a driver does not remember when they changed their tires last, they can either refer to Illinois’ vehicle code regarding tire requirements or use the penny test.

If a driver inserts a penny into one of the grooves of the tire with Lincoln’s head facing down. If the tread does not cover Lincoln’s forehead, it is time to replace the tire. According to Illinois law, tires are considered “unsafe” if:

  • Any part of the ply or cords are exposed
  • The tread is cut or cracked enough to expose cords
  • The tire is bulging, knotted, or separated in places
  • Depth of tread grooving is less than 2/23 of an inch
  • The tire bears any markings which identify it as a tire not to be driven on the highway
  • The tire has been regrooved past the original depth

Illinois police officers have the right to stop any vehicles they believe should have their tires inspected. If the tires are found to be unsafe, the officer can issue a reckless driving citation.

Reckless driving is a Class A misdemeanor in Illinois. Punishments include up to one year in prison and fines of up to $2,500 not including court fees.

If a driver causes a collision after worn-out tires malfunction on the road, the charges could potentially be worse. If a victim is injured in a crash, the driver could face charges of vehicular assault. Even worse, if a victim is killed, the driver could face reckless homicide charges that - if convicted - lead to up to five years in jail.

The driver will also be responsible for compensating a victim for damages to their vehicle and medical bills for any injury sustained in a crash.

Contact an Elgin, IL Traffic Violations Attorney

The best defense an alleged reckless driver could use when facing charges is to hire a lawyer to represent them in court. The lawyers of the Law Offices of Brian J. Mirandola have experience defending drivers from a variety of traffic charges. To schedule an appointment with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Sources:

https://www.safemotorist.com/Illinois/Vehicles/tires.aspx

https://illinoisrecklessdriving.com/law-penalties/

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Avvo Illinois State Bar Association Kane COunty Bar Association
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