The Law Office of Brian J. Mirandola

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IL defense lawyerIn Illinois, depending on whether you qualify, you can have criminal arrests expunged from your criminal record and other public data. To qualify, you and your crime(s) must meet specific and stringent requirements for expungement. For instance, in order to qualify for an expungement, you must not have been tried or convicted despite being arrested. Criminal offense convictions and major traffic offenses, among other charges, would preclude you from expungement. Regardless, if you are able to get an expungement, here are some of the greatest benefits of doing so.

Why You Should Get an Expungement in Illinois

Essentially, getting an expungement will prevent the public from catching a glimpse of your prior adverse interactions with the law. By expunging certain criminal arrests, you enable yourself to have a better future. For instance, in seeking and receiving an expungement, you will improve your life situation in all the following ways:

  • Employment Opportunities—Prospective employers will not be able to see criminal arrests on your public records. This will prevent them from being biased against you and showing distrust of you as a potential employee simply because you made a bad decision or two.
  • Financing—It will be easier to obtain loans and other financial opportunities if you have criminal records expunged. In fact, some lenders might view you as so much more trustworthy without knowledge of your past brush-ups with the law that they might even give you a better rate on your loans or credit cards.
  • Homebuying or Apartment Renting—Mortgage lenders and landlords need to know how trustworthy you are and whether you will be able to pay the monthly mortgage or rent. If they suspect you merely came close to breaking the law and being convicted of such, they could deny you housing.
  • Removal from Federal Records—When you get an expungement, you are not just removing your criminal arrests from your local and state records; you are removing them from your federal records as well. This will greatly benefit you should you choose to move to a different state. The expungement will follow you across the country, helping to give you more opportunities across the nation.
  • College Admission—As an adult or even a juvenile with criminal arrests on your public records, you risk undergraduate, graduate, and community colleges viewing you negatively enough to reject your applications to their schools. This will certainly hamper any dreams you have of getting involved with specific professions or other positive results from educational opportunities.
  • Firearm Purchasing—In Illinois, you cannot legally obtain a gun if you have a criminal conviction, such as prescribed offenses like those that are violent or sexual in nature. While that might not prevent you from getting a gun if you were not convicted of a crime, simply having an arrest on your criminal record can make firearm dealers less likely to let you purchase a gun as they will view you as someone who might get them entangled with the law in negative ways. An expungement would prevent these issues.

Contact an Elgin IL Expungement Lawyer

When you are struggling to attain employment, find proper housing, get admitted into college, or do numerous other things because of your criminal record, you might want to consider having those criminal arrests expunged from your records. Reach out to a Kane County criminal defense attorney at 847-488-0889 for a free consultation to help you figure out your best options, be them expungement or record sealing. The experienced professionals at the Law Offices of Brian J. Mirandola have the background necessary to help you move on from those criminal charges and jumpstart your future.

 

Sources:

https://www2.illinois.gov/osad/Expungement/Documents/Adult%20Exp/ExpungementSealing_Instructions_Approved.pdf

https://courts.illinois.gov/forms/approved/expungement/ExpungementSealing_GettingStarted_Approved.pdf

https://www.chicagotribune.com/opinion/editorials/ct-gun-laws-loophole-edit-1022-md-20161021-story.html

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IL defense lawyerConstruction zone tickets are not just any usual traffic violation ticket; since these types of traffic violations involve the safety of construction workers, they often carry with them steeper penalties and fines. However, getting one of these tickets does not mean you must accept the consequences without question or litigation. There might have been legitimate reasons why you were unable to follow the rules of the construction zone, or maybe the government itself did not properly handle administering the penalties. No matter what your circumstances, here are some of the most common strategies for fighting a construction zone ticket.

Three Common Strategies for Fighting a Construction Zone Ticket

With the right lawyer, strategies like these can be used to successfully defend you against a construction zone ticket.

Prove the Government Did Not Properly Handle Administration of the Penalty: If for some reason the ticketing process did not go as smoothly as it usually does, the authorities might not have handled it correctly. In those cases, much like criminal defense cases, procedural errors can help you defeat these tickets. Examples of the authorities’ failure to comply with their own rules of ticketing include:

  • Neglecting to send the ticket within a specified amount of time (in most cases, 14 days according to the law)
  • Camera functionality issues that did not adequately and fairly capture the violation
  • Flawed construction zone worker testimony or records concerning the case

Establish an Argument About Difficult Driving Conditions: Inclement weather always impacts driving in some way, especially highway driving. In this sense, it is not always entirely your fault for breaking the zone’s rules. For instance, you might have:

  • Missed the signs about the construction zones and the possible penalties due to snow covering them
  • Been unable to see that it was a construction zone due to dense fog
  • Slid on an icy patch that caused your car to veer or speed up beyond the guidelines of the construction zone

Provide Evidence of Sign Legibility Issues: Your lawyer might be able to prove that the signs were not clearly marked, making it difficult for you to be made aware of the construction zone. Possible reasons for the lack of clarity on the sign might include:

  • Graffiti or other vandalism that conceals the messages on the signs or markings on the road
  • As mentioned earlier, weather conditions that also cover the notices about the zone
  • Small print or otherwise unclear markings on the signs due to manufacturer error

Contact an Elgin, IL, Traffic Ticket Attorney

Contact a Kane County construction zone ticket lawyer by calling 847-488-0889 for a free consultation. With more than 20 years of legal experience, the Law Offices of Brian J. Mirandola can offer you key insights and strategies that will assist you in fighting that construction zone ticket and not having to worry about paying hefty fines or dealing with stiff penalties.

 

Sources:

https://www.illinoistollway.com/projects/work-zone-safety

https://www.irtba.org/Safety

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IL defense lawyerEven though a traffic offense may require you to attend traffic court in Illinois, you still have a range of rights that you should use to your advantage. Regardless of the charges you face, a skilled traffic offense attorney will not only help you understand your rights but how they apply in your case. With the right knowledge and preparation, you have the best chance of limiting or dismissing charges altogether.

Your Rights and Illinois Traffic Courts

A simple view of Illinois traffic court is that a person charged with a traffic violation must appear before a court to appeal their case. Although this is partially true, it does not present the full picture and all of the tools at your disposal.

When you appear before a traffic court, you have the right to an attorney. To be represented by an attorney, you must be charged with a traffic offense that could result in imprisonment. Even if you cannot afford an attorney, the court will appoint you one if you face charges of this magnitude. To have the court assign you an attorney, you must prove financial hardship by sharing

  • A current pay stub
  • Your W-2
  • Proof of disability or Social Security income
  • Proof of public assistance
  • More documents depending on your circumstances and what the court deems necessary

Even if the court does not charge you with an offense punishable by jail time, you still have the right to an attorney. However, in this case, if you cannot afford to hire an attorney, the court will not appoint you one.

Also, you have a right to confrontation. If you face charges, you do not have to grimly accept the prosecution’s claims. You can cross-examine the prosecution, even if they are a police officer. To support your case, you may bring witness testimony to court.

Lastly, you have a right to an appeal. Even after a judge makes a decision, you can appeal your case to the Illinois Appellate Court. You must file this appeal within 30 days after the traffic court decided on your case. When you use all of these rights to their fullest potential, you increase your chances of reaching an ideal outcome.

Contact a Kane County Traffic Offense Attorney

Traffic court does not have to pose as stressful of an experience as it may seem. Prepare for your appearance in traffic court with a Kane County traffic offense attorney you can trust. At The Law Offices of Brian J. Mirandola, we have an extensive history representing clients in Illinois criminal and traffic law. To schedule a free consultation and learn more about how our attorneys can help, call 847-488-0889.

 

Source:

https://www.isba.org/public/guide/illinoistrafficcourts

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IL defense lawyerThousands of drivers who have had their license suspended or revoked in Illinois can benefit from a new Illinois law that took effect recently: the License to Work Act. Governor JB Pritzker signed the bill into law at the start of the year, but it took effect on July 1. The law protects people who have unpaid tickets, fines, and fees. If you are trying to determine how to get your license reinstated or have more questions regarding your rights as a driver in Illinois, seek legal counsel from a criminal defense attorney with experience in representing clients in traffic violation and license reinstatement cases.

License to Work Act

The License to Work Act focuses more on repealing Illinois laws that are neither beneficial to drivers nor the State. Until July 1, 2020, having too many unpaid tickets, fines, and fees could result in a license revocation or suspension. This had a negative effect on tens of thousands of Illinois residents who lost their driving privileges for relatively inconsequential offenses. The original law was designed to prevent the State from losing too much revenue due to unpaid fines, but this strategy proved ineffective, as drivers both lost their licenses and still opted to leave tickets unpaid for financial reasons. This promoted a cycle that forced many residents who need their license to drive to work to suffer even further economic hardship.

The License to Work Act also repeals a few other Illinois laws, namely the right the Secretary of State had to revoke or suspend a minor’s driver’s license because they are judged to be a truant, delinquent, or addicted. The same law used to also apply to anyone ‘afflicted with or suffering from any mental disorder or disease,’ but those laws were curtailed as part of the License to Work Act.

This new law only serves to curtail license suspensions or revocations due to unpaid fines, not for other reasons. For example, automatic suspensions will result from underage drinking, supplying alcohol to minors, criminal trespass on a vehicle, and theft of motor fuel.

Contact a Kane County Criminal Defense Attorney

Whether or not you are eligible for immediate license reinstatement, you will strengthen the likelihood of having a successful driver’s license reinstatement hearing if you prepare with the help of a Kane County criminal defense attorney. The Law Office of Brian J. Mirandola offers free consultations to anyone in need of counsel or representation in cases related to Illinois criminal law, DUI defense, and traffic violations. To schedule your first session, call 847-488-0889.

 

Sources:

https://www.bnd.com/news/politics-government/article239403843.html#:~:text=JB%20Pritzker%20on%20Friday%20signed,a%20vote%20of%2038%2D10.

https://finesandfeesjusticecenter.org/articles/illinois-house-bill-5340-license-to-work-act/

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IL defense lawyerIt is still legal to own a firearm in Illinois, but it is essential to know how Illinois gun laws are changing to avoid any gun charges. In a recent effort to curb shootings, Governor J.B. Pritzker signed a new gun control law that provides more regulation for firearms dealers. The specifics of the law have widespread ramifications. If you face weapons charges for unlawful possession or use of a firearm, speak with a criminal defense attorney in your area as soon as you can.

2019 Firearms Dealer Regulation Legislation

Very early in Governor J.B. Pritzker’s tenure, he signed a bill into law that provided more oversight for Illinois firearms dealers. This was intended to be the first step of many towards more rigorous gun control in Illinois. The legislation that passed made it illegal for any retailer to sell weapons without certification from the state. Any weapons dealer intending to legally sell firearms under the new law would need a license from the Federal Burea of Alcohol, Tobacco, Firearms, and Explosives. Also, retailers must provide a copy of their license to the Illinois State Police. To top it off, all dealers must maintain a detailed electronic inventory, require all employees to undergo training annually, and have surveillance and anti-theft equipment throughout their store.

For a store to receive a certification, they must pay a fee of no more than $1,500. If a seller does not have a physical retail location, they must pay $300.

The rationale behind this legislation is that although there is federal regulation over the sale of firearms, proponents of the bill argue that federal regulators do not have the resources to monitor every seller in Illinois as thoroughly as state agencies can. An essential goal for regulators is to not just prevent illegal gun purchases but to avoid straw purchases, where someone buys a gun from someone who would not be able to do so legally.

In theory, Illinois gun control efforts may progress over the next few years. Stay abreast of any changes so that you do not find yourself possessing a weapon illegally.

Contact an Elgin, IL Criminal Defense Attorney

Convictions for weapons charges span over a range of punishments. Regardless of the charges you face, you stand a better chance at decreasing or eliminating them by working with an Elgin, IL criminal defense attorney. Call The Law Office of Brian J. Mirandola to learn more about how an experienced attorney can help you prepare your defense. To schedule a free consultation, call today at 847-488-0889.

 

Source:

https://www.governing.com/topics/public-justice-safety/tns-firearms-dealers-illinois-pritzker.html

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