The Law Office of Brian J. Mirandola

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47 DuPage Court, Elgin, IL 60120

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Posted on in DUI

Elgin, IL Defense Lawyer

Like every state, in Illinois, driving under the influence (DUI) can result in long-lasting consequences. From driver’s license suspension to revocation, and even potential jail time, there is no overstating the seriousness of a DUI charge and conviction. If you have been charged with DUI, finding an experienced criminal defense attorney can help you maintain your essential driving privileges.

DUI Penalties in Illinois

When considering the possible outcomes of a DUI conviction, it is important to understand the legal ramifications can vary, especially if there is a minor under 16 in the car or if you have a BAC of .16 or higher. The most likely outcome is license suspension. 

License suspensions can last for various amounts of time, depending on the severity of the crime and the number of previous arrests. For instance, a first-time DUI offender is likely to face a sixth-month suspension for a failed chemical test, or 12 months for refusing a test. A second or subsequent conviction within five years is a one-year suspension, which bumps to three years for test refusal.

Revocation is a more severe punishment. This is typically reserved for individuals who cause an accident that results in serious injury or death. Revocation may take place without an initial hearing and run through the duration of adjudication, in addition to the time mandated by sentencing.

How a DUI Lawyer Can Help

In the aftermath of a DUI arrest, it is crucial to contact a legal team with extensive experience helping clients who face DUI charges. A skilled attorney can ensure your rights were not violated during your traffic stop or detainment. They can also help preserve your driving privileges through a monitoring device driving permit in which a blood-alcohol ignition interlock device is installed in your vehicle.

If your license has been revoked, you must request a Secretary of State's Office hearing to regain your driving privileges. For reinstatement, you must have a clean driving record since your previous violation and have completed a drug/alcohol evaluation, education, and possible treatment.

Contact an Elgin, IL DUI Defense Attorney 

Attorney Brian J. Mirandola has years of experience helping clients avoid driver’s license suspension and revocation. If you have been charged with DUI, reckless driving, aggravated speeding or another serious violation, it is time to contact a legal team you can believe in. To schedule a free consultation with a Kane County criminal defense attorney, call us today at 847-488-0889.

Source:

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

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Posted on in DUI

Elgin, IL DUI Lawyer

Every year, more than a million Americans are arrested on DUI charges. According to the Illinois Secretary of State’s Office, more than 27,000 Illinoisans were arrested for driving under the influence of drugs or alcohol in 2017. If you have been arrested on DUI charges, it is important to understand the potential ramifications of a conviction and contact a legal team you can believe in. 

DUI Conviction Consequences

According to Illinois law, a person can be convicted of a DUI for operating a vehicle with a blood-alcohol concentration (BAC) at or above .08, or with a marijuana tetrahydrocannabinol (THC) concentration of five nanograms or more. Even a first-time DUI conviction can come with serious legal consequences here in Illinois. A first DUI conviction is classified as a Class A misdemeanor in Illinois and can lead to as much as one year in prison and up to $2,500 in fines. 

While a second DUI conviction is also a Class A misdemeanor and comes with the same level of fines and potential jail time, a second conviction can result in license revocation. It is important to note that a second DUI conviction can be upgraded to a Class 4 felony if it involves a collision that causes severe injury to another traveler, if the driver has a previous reckless homicide charge, or if the driver did not have a valid driver’s license. If the driver was traveling with a minor, the charges could be upgraded to a Class 2 felony, and bring up to seven years in prison. 

Any subsequent DUI convictions are classified as aggravated DUI and a Class 2 felony. These convictions can lead to fines up to $25,000 and substantial jail time. Also, new Illinois state law declares if a DUI defendant was driving their vehicle the wrong way on a one-way street, the charges are automatically defined as aggravated DUI, regardless of the number of previous convictions. 

Contact a Kane County DUI Attorney

Here in Illinois, 86 percent of drivers arrested on DUI charges in 2017 were first-time offenders. At The Law Office of Brian J. Mirandola, we will fight for you and your driving privileges. One mistake should not severely impact your ability to work and take care of your family. To schedule a free consultation with an Elgin, IL criminal defense attorney, call us today at 847-488-0889. 

Sources:

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

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

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Kane County Domestic Violence Lawyer

Every year, more than 10 million Americans are physically abused by an intimate partner. According to the National Coalition Against Domestic Violence (NCADV), this equates to one incident every 20 minutes. It is important to note many people accused of domestic violence are falsely accused.

Domestic violence charges can have a serious impact on your family law case and hurt your ability to gain future employment. If you have been accused of a domestic violence crime, it is important to seek skilled legal representation immediately. 

Domestic Violence Impact on Legal Matters 

The divorce process can be incredibly contentious, and in some cases, spouses try to use a domestic violence accusation as a way of gaining child custody or garnering a disproportionate amount of marital assets. According to the organization Stop Abusive and Violent Environments, allegations of domestic violence are made in approximately 25 percent of all divorce cases throughout the United States. 

In child custody issues, fathers often face an uphill battle going in, as only a small percentage of parents with sole custody are fathers. A domestic violence accusation can lead to a temporary restraining order, which may carry substantial weight in a family law case. According to studies conducted by SAVE, as many as 70 percent of all restraining orders are made on trivial or false grounds. It should be noted that 85 percent of restraining orders throughout the U.S. are issued against men. 

Legal Consequences of a Domestic Violence Conviction 

Outside of the potential impact on a family law case, a domestic violence conviction comes with serious legal consequences. Written within the Illinois Domestic Violence Act, a domestic battery conviction is classified as a Class A misdemeanor. If convicted, that can result in up to a year in prison, as well as substantial monetary fines. If you have been previously convicted of a domestic violence crime, it is possible your actions will be labeled as a Class 4 felony, which can result in a three-year prison sentence.

Contact a Kane County Domestic Violence Defense Lawyer

Attorney Brian J. Mirandola has dedicated his life to aggressively represent his clients, and help them through difficult circumstances and unjust allegations. With more than two decades of legal experience in Kane County, he has witnessed and fought against false accusations meant to cause the loss of custodial privileges, the seizure of assets, and jail time. To schedule a free consultation with an Elgin, IL criminal defense attorney that you can believe in, call us today at 847-488-0889.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

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Kane County Drug Charges Lawyer

Throughout the United States, more than 1.6 million people were arrested for drug law violations in 2016, according to the FBI’s Uniform Crime Report. Here in the state of Illinois, even minor drug charges can come with severe legal ramifications. As written in the Illinois Controlled Substances Act, different types of drugs and amounts warrant different legal consequences. Fines and jail time are also influenced by paraphernalia present and the intent of the alleged user. 

If you have been arrested on any sort of drug charge, contact an experienced criminal defense attorney who can defend your rights.

Of the U.S. residents arrested on drug charges throughout 2016, more than 85 percent were cited for possession of an illegal substance. Here are the penalties for two of the most common substances involved in narcotics arrests:

Marijuana Possession

Despite the legalization of recreational marijuana in a number of states around the country, possession of marijuana can result in harsh criminal punishment in Illinois. Possession of fewer than 2.5 grams of cannabis constitutes a Class C misdemeanor, which is punishable by a fine. If someone is arrested for possession of over 10 grams of marijuana, they can be charged with a Class B misdemeanor, with fines up to $1,500 and up to 180 days in jail. Drug possession charges of more than 30 grams of marijuana may result in a felony. According to Illinois state law, a Class 4 felony conviction comes with a minimum sentence of one year in prison. 

Cocaine Possession

Cocaine penalties are significantly more severe than marijuana possession charges. From 1 up to 15 grams, a cocaine possession charge is a Class 1 felony. Even one gram of cocaine is punishable by imprisonment and up to $25,000 in fines. If arrested with anywhere between 15 to 99 grams of cocaine, one could face a minimum of four years in prison. Those possessing more than 100 grams of cocaine could spend decades behind bars. Other drugs that constitute a Class 1 felony include heroin, peyote, morphine, and amphetamines. 

Contact an Elgin, IL Criminal Defense Lawyer

With years of experience defending clients arrested on drug possession charges, attorney Brian J. Mirandola is prepared to fight for you. Drug charges can be fought on a number of fronts, including lack of knowledge and entrapment. If your rights were violated during or after the arrest, our aggressive representation could result in dropped charges. To schedule a free consultation with an Aurora, IL criminal defense attorney that you can believe in, call our offices today at 847-488-0889.  

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1941&ChapterID=53&SeqStart=5200000&SeqEnd=7900000

https://www.drugwarfacts.org/chapter/crime_arrests

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Posted on in Traffic violations

Kane County Reckless Driving Lawyer

In the state of Illinois, reckless driving charges can come with serious legal ramifications. If convicted, reckless driving can result in a Class A misdemeanor, substantial fines and up to a full year of jail time. Within the Illinois vehicle code, reckless driving is defined as the act of willfully disregarding the safety of others while operating a motor vehicle. 

From an increase to your monthly car insurance payment to strikes on your driving record, a reckless driving charge is extremely serious. If another party is injured in an accident in which you were cited for reckless driving, you could possibly face a felony charge and substantial incarceration. If you have been charged with reckless driving, it is time to contact a legal team you can believe in. 

Types of Reckless Driving 

Reckless driving charges can result from a number of offenses. In Illinois, a driver can be charged with reckless driving for traveling at excessive speeds, erratically swerving through traffic, using an incline to become airborne or other offenses. Because a reckless driving charge is directly defined as an action in which a driver is endangering those around them, judges are not likely to reduce criminal charges without aggressive and experienced legal representation. 

Avoiding Reckless Driving Penalties 

Receiving a reckless driving charge can be frightening. Police officers throughout the state have the right to arrest you and take you into police custody, rather than simply giving you a ticket. In these cases, your vehicle will be towed, under your expense. After the arrest, you will have to appear before an Illinois traffic judge. Fortunately, a qualified attorney can help you receive minimal criminal punishment for a reckless driving offense. Rather than facing jail time and potential fines, a skilled lawyer could instead help you get traffic safety classes, possible community service hours and driving probation. 

Meet With a Kane County Reckless Driving Lawyer 

Attorney Brian J. Mirandola has years of experience fighting for those charged with traffic violations. If you have been cited for reckless driving, our legal team will work to secure the best possible outcome for you and your family. To set up a free consultation with an Elgin criminal defense attorney you can trust, contact us today at 847-488-0889. 

Sources

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

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