The Law Office of Brian J. Mirandola

CALL FOR A FREE CONSULTATION

47 DuPage Court, Elgin, IL 60120

847-488-0889

Recent Blog Posts

What Is Illegal Search and Seizure in Illinois?

 Posted on April 18, 2024 in Drug Crimes

Aurora drug defense lawyerSearch and seizure is often a controversial topic. Many federal and Illinois laws surround the act of searching vehicles or homes and seizing evidence. Law enforcement officers must ensure that they complete the proper steps for search and seizure in Illinois. Otherwise, this process may be a violation of your constitutional rights.

A knowledgeable Illinois criminal defense lawyer can review a search and seizure that may have resulted in a drug charge to check for legalities that can impact the outcome of a potential conviction.

Understanding Illegal Search and Seizure

In Illinois, the state constitution mirrors that of the U.S. Constitution’s Fourth Amendment, protecting against “unreasonable” searches and seizures. This law sets a standard for all search and seizures within the state of Illinois to be carried out with the use of warrants or the presence of ‘probable cause,’ which is a legal standard for police to meet before they can make an arrest or conduct a search.

Continue Reading ››

Is Burglary a Felony in Illinois?

 Posted on April 11, 2024 in Felonies

Kane County burglary defense lawyer

Burglary is a serious crime, and Illinois penalizes it harshly. This criminal act is typically classified as a felony in the state, though different felony levels depend on the type of burglary and other associated factors. If you have been charged with burglary, it is important to reach out to an experienced Illinois burglary defense attorney as soon as possible to understand your rights and legal options.

Understanding Illinois Burglary Penalties

The Illinois criminal code outlines burglary and penalties associated with acts of burglary or owning burglary tools. In general, burglary is entering a building, vehicle, trailer, train car, or watercraft intending to steal. Burglary is usually considered a Class 2 felony in the state, which means that a person charged with burglary could face up to seven years in prison and up to $25,000 in fines.

Continue Reading ››

Can Speeding Cost Me My License in Illinois?

 Posted on April 03, 2024 in Traffic violations

Kane County speeding defense lawyerSpeeding is one of the most common traffic violations in Illinois. It can carry harsh penalties and leave you facing long-term consequences such as fines, losing your driver’s license, and jail time. Suppose you have been charged with speeding or repeated speeding violations. In that case, it is important to work with a knowledgeable Illinois speeding defense lawyer to try and minimize the impact of any speeding charges you face.

Illinois Penalties for Speeding

The state of Illinois takes speeding seriously and uses a points system for traffic and speeding violations. Receiving three or more charges that result in points on your license within a year can result in driver’s license suspension or revocation for drivers older than 21. In contrast, drivers younger than 21 can receive a license suspension after two offenses within 24 months.

Continue Reading ››

Can I Go to Jail for Unknowingly Buying a Stolen Vehicle?

 Posted on March 29, 2024 in Theft

Elgin, IL car theft lawyerCarjacking is a notorious problem in many parts of Illinois, and prosecutors are coming down hard on people caught stealing cars to try to make an example out of them. But what happens to those stolen cars? Are they ever sold and passed off as legitimate? 

Of course criminal vehicle theft carries hefty penalties in Illinois, but buying or receiving a stolen vehicle may also land you in legal trouble, even if you did not know that the vehicle was stolen. If you have been caught with a stolen vehicle, you will need the guidance of an experienced Illinois auto theft defense attorney to help you navigate these charges and show the court that you did not knowingly purchase or possess a stolen vehicle.

Penalties for Illinois Vehicle Theft

Illinois law is strict when it comes to vehicle theft, and the penalties for stealing a vehicle or possessing a stolen vehicle can be severe. Under Illinois criminal code, you can face between three to seven years in prison and fines of up to $25,000 if you steal or possess a vehicle valued at $10,000 or more; this is classified as a Class B felony.

Continue Reading ››

How Do I Handle a False Domestic Violence Accusation in Illinois?

 Posted on March 25, 2024 in Domestic Violence

Elgin, IL domestic violence defense lawyerDomestic violence is a serious issue when it occurs among couples and families, and the effects of domestic violence can be traumatic. However, false domestic violence accusations can occur, typically against men, and these accusations can cause serious damages, end in jail time, and impact your future. If you have been falsely accused of domestic violence, you need a skilled Illinois domestic violence defense lawyer on your side advocating for your rights.

Responding to an Order of Protection

In many cases, a domestic violence accusation will involve an Illinois Order of Protection. This type of order is designed to protect a victim from an abuser. A temporary Order of Protection may be granted to the individual requesting it immediately, though longer-term orders will need to be decided in court.

Continue Reading ››

Can I Go to Jail For Shoplifting in Illinois?

 Posted on March 19, 2024 in Theft

Elgin, IL criminal defense lawyerThough many people might think of shoplifting as a relatively minor crime, Illinois law can actually persecute this crime quite severely. This is especially true in certain areas that are lately making an example out of those arrested for shoplifting, as the state tries to deter the significant uptick in retail theft in recent years.

It is possible to go to jail for shoplifting, known as retail theft in Illinois, depending on the circumstances surrounding the theft. If you have been charged with retail theft, it is important to work with an experienced Illinois retail theft defense lawyer to understand the charges against you and minimize their effect on your future record.

What Counts as Shoplifting in Illinois?

In Illinois, the state Criminal Code outlines retail theft as the following activities:

Continue Reading ››

Will Underage Drinking Affect My Child’s Future?

 Posted on March 05, 2024 in Underage Drinking

Kane County, IL underage drinking defense attorneyDespite popular portrayal online and in the media, underage drinking does have serious consequences. When your child is arrested for underage drinking, the penalties she faces may be serious, and she may have a permanent mark on her record. An experienced Illinois criminal defense lawyer is essential to advocating for reduced consequences if your under-21 child has been caught drinking.

Penalties for Underage Drinking in Illinois

The State of Illinois takes underage drinking very seriously, and there are consequently serious penalties when an underaged young adult is caught drinking. In Illinois, underage drinking is considered a misdemeanor offense.

The penalties for an underage drinking misdemeanor include:

Continue Reading ››

What Are Forgery Charges in Illinois?

 Posted on February 26, 2024 in Fraud

Kane County, IL criminal defense attorney

Forgery charges can be complex to deal with, and using the wrong defense strategy in court can result in serious legal consequences that follow you for a lifetime. It is important to understand the basics of Illinois forgery laws and the penalties that forgery charges may carry. A skilled Illinois forgery defense attorney can guide you through your options if you find yourself facing charges for forgery.

Understanding Illinois Forgery Laws

In Illinois, there are a few different things that may result in a forgery charge. The crime of forgery is covered in this Illinois law, and someone may be charged with forgery if they engage in one of the following actions:

How Long Will a DUI Charge Be on My Record?

 Posted on February 20, 2024 in DUI

Blog ImageDUI charges are difficult to navigate, and receiving a DUI conviction comes with a range of penalties, depending on the severity of your infraction. A strong DUI defense and awareness of your legal options after receiving a DUI arrest are essential to navigating this charge. DUI charges never leave your criminal record, which is why it is important to be aware of the impacts such a conviction may have. An Illinois DUI defense attorney is just the person to help you understand your next steps.

What Are the Penalties of a DUI?

A first DUI charge in Illinois is typically considered a Class A misdemeanor. With most first-time convictions, jail time is typically not pursued, but it is possible. Fines and penalties for a first DUI charge include a loss of license, jail time for up to a year, court fees, and fines totaling up to $2,500.

Continue Reading ››

Who Qualifies for Record Expungement in Illinois?

 Posted on February 13, 2024 in Expungement

Kane County, IL criminal record expungement lawyerA criminal record can be problematic for many reasons, especially when it comes to applying for jobs, housing, or other opportunities. In some cases, you may be eligible for record expungement, but there are specific rules surrounding criminal record expungement. An experienced Illinois record expungement lawyer can help you understand your options.

Understanding Illinois Expungement Laws

Expungement is the process of removing certain criminal offenses from your record, and Illinois only allows expungement in certain situations. In the majority of cases, individuals who do not have any prior criminal offenses and have not received a conviction for domestic violence, DUI, or sex crimes are eligible for record expungement.

Continue Reading ››

Avvo Illinois State Bar Association Kane COunty Bar Association
Back to Top