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Posted on in Felonies

Kane County defense attorney

Facing felony charges comes with significant stress and uncertainty. In all reality, it is important to act quickly after the initial arrest. With an aggressive and comprehensive legal strategy, it is possible you could secure a lesser charge, or avoid a conviction altogether. In Illinois, a felony charge can carry substantial jail time and devastating fines. Immediately after your arrest, it is critical to seek the guidance of an experienced criminal defense attorney who you can believe in. 

Common Illinois Felonies

Here in the state of Illinois, even a Class 4 felony (the lowest of Illinois' felonies) can bring up to $25,000 in fines and as many as three years in prison. Listed below are some of the most common felonies committed throughout the state:

Aggravated DUI: According to Illinois state law, a drinking and driving arrest can be elevated to an aggravated DUI in a number of situations. If a person is convicted of a third or any subsequent DUIs, they will likely face Class 2 felony charges. Other aggravating factors include driving under the influence without a valid driver’s license, while transporting a child, or causing bodily harm to another party. 

Drug Crimes: When facing a drug charge in the state of Illinois, the severity of the charges depend on the type of substance and the quantity. Displayed within 720 ILCS 570/402, possession of drugs such as heroin or cocaine constitute a felony charge, for any amount. If you are found with less than 1 gram, you will likely face a Class 4 felony charge. As the quantity increases, the legal severity does as well. If you are apprehended with an excess of 15 grams of either heroin or cocaine, you could face as many as 15 years in prison. For more information on the implications of a felony drug charge, speak with a legal professional. 

Other Felony Crimes: A felony charge can dramatically impact the rest of your life. From difficulty securing employment or residential opportunities to substantial fines and possible jail time, an arrest of such magnitude should not be taken lightly. Other common felonies committed throughout the state of Illinois include burglary, motor vehicle theft, and forgery. In the event of an arrest, seek out legal assistance immediately.  

Contact an Elgin, IL Felony Defense Lawyer 

With years of legal experience within the state of Illinois, Attorney Brian J. Mirandola relentlessly represents his clients in order to secure the best possible legal outcome. Through consultation regarding the arrest and the development of a precise strategy, a skilled attorney can help you secure a reduction of charges or complete dismissal. To schedule your free consultation with an experienced Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072005700K402

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

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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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rights, Kane County criminal defense attorneyIf you have even been arrested or accused of a crime, you know how dehumanizing the experience can be. Criminal suspects are often treated much worse than they deserve. However, you should know that those suspected of criminal activity have certain rights which cannot legally be denied to them. Every citizen should be educated about his or her rights and take steps to ensure that they are treated properly according to the law.

The Right to Be Free from Unreasonable Search and Seizure

The Fourth Amendment to the U.S Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." If police wish to enter a person’s property in order to find evidence that they plan to use in court, they usually need a search warrant. Nonetheless, there are some situations which allow police to execute a search without a warrant. It is always a good idea not to give police your consent to search your home if they do not have a warrant. If police search anyway, do not attempt to physically stop them, but do make note of the circumstances and that you did not consent to the search. This information can be tremendously valuable in the future.

The Right to Counsel

The Fifth and Sixth Amendments to the U.S. Constitution ensure that criminal defendants have the right to legal counsel. Any person, regardless of the crime they have been accused of, have the right to hire an attorney. Police are not allowed to question or interrogate someone suspected of criminal activity without offering that person the chance to have a lawyer present. Even if you cannot afford an attorney, a court-appointed lawyer will be assigned to you.

The Right to Remain Silent

Many people have heard the phrase "You have the right to remain silent, anything you say can and will be used against you in a court of law." These "Miranda Rights" are the reminder police must give people they arrest that they have the right not to incriminate themselves. If police interrogate a suspect without first giving them the Miranda warning, any confession or statement made cannot be used against the suspect in any criminal case. Furthermore, evidence revealed as a result of that statement or confession will likely also be thrown out of the case. If you are ever arrested, it is always a good idea to remain silent until you have the opportunity to talk to a lawyer.

If you have been accused of a crime, contact a skilled Elgin criminal defense attorney at The The Law Office of Brian J. Mirandola. Call 847-488-0889 to schedule a free, completely confidential consultation of your case today.

Sources:

https://www.law.cornell.edu/constitution/fourth_amendment

http://www.mirandawarning.org/whatareyourmirandarights.html

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Posted on in Theft

theft, Elgin criminal defense lawyersFinding desired merchandise at your favorite store can be very easy, and it may be tempting to take it without paying. However, if you do not pay for a product, or if you take property that is not yours, there may be consequences that you have to face, as theft is not taken lightly by criminal courts in Illinois

What Is Theft?

Theft is defined as the act of a person illegally taking another person's property or services without permission or consent. A person may deliberately obtain unauthorized control over the owner’s property by deception or threat. Theft can also be defined as the act of a person taking control over property that was previously stolen, with that person already having the knowledge of the stolen property.

The Consequences of Theft

There are several consequences when a person gets caught stealing property, depending on the severity of the crime, with the charges applying to the State of Illinois.

  • If a person steals property that is less than $500 in value, the theft committed is a Class A misdemeanor. If the stolen property is less than $500 in value and in an educational or religious organization, or property belonging to the government, the person committing the theft will receive a Class 4 felony.
  • If a person steals property that is less than $10,000 in value, the theft committed is a Class 3 felony. However, if the property stolen belongs to an educational or religious organization, or the government, the theft is a Class 2 felony.
  • Any theft of property that exceeds $10,000 in value but no more than $100,000 in value is a Class 2 felony, but if the property with the same value was stolen in an educational or religious organization, or belonging to the government, the theft of property counts as a Class 1 felony.
  • If a person steals property that exceeds $100,000 in value but no more than $500,000 in value, the charge for that theft is a Class 1 felony.

Contact a Skilled Attorney

Theft applies to any merchandise or property taken without authorized consent, and there could be serious consequences if you are found with the stolen property. If you or a loved one is facing charges related to theft, contact an experienced Elgin criminal defense attorney. Call 847-488-0889 for a free consultation with a member of our team today

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

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Posted on in Theft

theft, Kane County criminal defense attorneyThere are two basic types of theft one can be charged in the state of Illinois: petty theft and felony theft. One may sound less severe than the other, but both can have lasting implications for the accused. Learn more about these classifications of theft, their consequences, and what you can do to fight back against the charges.

Defining Theft in Illinois

The Illinois Criminal Code defines theft as intentionally or knowingly depriving an owner of their property. The includes all manner of theft, such as obtaining or exerting unauthorized control over an owner or their property, deceiving another to gain unauthorized control over their property, or using threat or force to obtain control over another’s property. One can also be charged with theft if they obtain or exert control over assets that they knew had been stolen—buying stolen goods, for example.

How Petty Theft and Felony Theft Differ

If the value of stolen goods is less than $500, and it was not taken from the victim’s person, the defendant may be charged with petty theft. On the other hand, any property that has been taken from a victim’s person and the theft of property valued over $500 may result in felony theft charges. Both charges can lead to fines, court costs, jail time, restitution to the victim, and a permanent criminal record, but felony theft carries harsher penalties than petty theft.

Classified as a Class A misdemeanor, a petty theft conviction may include consequences of up to one year in jail and fines of up to $2,500. In contrast, felony theft may result in fines of up to $25,000 and prison time as follows:

  • Property taken from a victim’s person and valued under $300, or property valued between $300 and $10,000 may result in Class 3 felony charges, which carries a penalty of up to five years in prison;
  • Stolen property valued between $10,000 and $100,000 can result in Class 2 felony charges, which could lead to a prison sentence of up to seven years; and
  • Theft involving property that exceeds $100,000 is considered a Class 1 felony, and conviction could result in a prison term of up to 20 years.

Fighting Back Against the Charges

While every situation is unique, defendants who employ the assistance of an experienced legal advocate tend to fare better than those who attempt to go it alone. In fact, some suspects may even have a chance at a full dismissal of their charges. To learn more about how an experienced Kane County criminal defense lawyer can assist with your case, contact our office. Call 847-488-0889 and schedule your free initial consultation with us today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

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