The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120

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IL traffic lawyerTeenagers across the country are excited about turning 16 years old because they will be able to earn their driver’s license and operate a motor vehicle on their own. However, not all of them realize that it is very easy to lose driving privileges and driving with a suspended license can lead to serious traffic violation punishments.

Drivers can have their licenses suspended - or revoked - as a result of many other traffic offenses:

  • DUI
  • Failure to appear in court for a traffic violation
  • Parking restrictions if a driver receives 10 or more parking violations, they will have parking restrictions on their license
  • Automatic suspension issued if a driver fails to pay five or more fines for previous traffic violations
  • Family Financial Responsibility Law, which can be court-ordered for driving privileges to be suspended if a person does not pay their child support
  • Toll violations or evasions

Whatever the case, if a driver’s license is suspended, under Illinois law they are forbidden from driving their motor vehicle.

What Does the Law Say?

The state of Illinois requires all operators of automobiles to have earned a valid driver’s license or possess a driving permit while behind the wheel. Those with permits must have a person with a valid driver’s license riding in the front passenger seat while in motion.

It is also important to note that all drivers must have their licenses physically with them while in their vehicle. If you are pulled over and don’t have your license with you, the officer can write up a ticket for driving without your license.

If anyone is caught driving without a license or permit, they will be charged with a Class A misdemeanor and will be issued a Uniform Traffic Citation. This includes licenses that have been suspended. Furthermore, Illinois law says that charges can be increased to Class 4 felony charges if:

  • The offense is a person’s second or subsequent charge
  • The unlicensed driver causes injury to another person
  • The unlicensed driver kills another person
  • And the unlicensed driver is charged with a DUI

Drivers in violation of operating a motor vehicle with a suspended license can also have their term of suspension doubled at the discretion of the Secretary of State. Other punishments include serving 30 consecutive days in prison and/or 300 hours of community service.

Contact an Elgin, IL Traffic Violation Attorney

Losing your driving privileges can lead to many inconveniences in your life. It can also be difficult to get your license reinstated without the help of a knowledgeable lawyer. If you or someone you know is in need of defending your license from suspension, contact a lawyer from the Law Office of Brian J. Mirandola to help protect your rights. To schedule a free consultation with a Kane County traffic violation lawyer, call 847-488-0889.




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IL defense lawyerChildren living in a split-parent environment are more likely to be abused by a step-parent than a biological parent. However, it is not inevitable that a step-parent will abuse or neglect a child that is not theirs. Parents who are not living full-time with their children may be more protective and just want to know that their child is not suffering any domestic violence or neglect. If signs of possible abuse are detected, a parent can call the Illinois Department of Child and Family Services (DCFS) to start an investigation.

According to Illinois law, a parent is required to report possible abuse when the evidence is present. The law also requires doctors, teachers, law enforcers, day care workers, and any other persons close to the child to report possible abuse so that the child can be protected. If the abuse is not reported, those who failed to do so can face Class A misdemeanor charges.

The Reality of Domestic Violence

The Illinois DCFS has already reported a statewide total of 80,505 investigations of child abuse for the fiscal 2019 year. This number is just 1,000 less than the 2018 fiscal year, but is well over previous years.

This number gives parents a good reason to want to make sure their child is always safe when not under their protection. The best way to guarantee safety is to communicate with the child’s full-time parent. If there is a step-parent involved with the child, both biological parents can make sure there is no inappropriate conduct made between step-parent and child.

Defense Strategies

If a step-parent does find themselves fighting child abuse charges, there are several ways for them to prove their innocence:

  • Kids will be kids: small injuries such as scrapes, bruises or cuts could be explained as “play” injuries. Children enjoy climbing, running around, and other activities that could cause them to fall down to run into an object.
  • Accidental: things can happen if a child is running around a house, backyard or play park. If a small injury is reported, DCFS will look into any accidental falls that may have resulted in cuts or bruises.
  • Discipline: spanking is considered an act of child abuse when there is clear bodily harm done to the child. A light swat of the behind is different than spanking with a wooden spoon.
  • Religious reasons: parents with a sick child could be reported to DCFS if they do not take their child to a hospital for medical treatment. However, if their religion says they cannot seek modern medicine, that defense can be used to avoid charges.

Parents are still urged to report signs of abuse to DCFS even if the injuries were not sustained by the hands of a step-parent - or anyone else. Child safety is important and DCFS will take the time to thoroughly investigate each case.

Contact an Elgin, IL Criminal Defense Attorney

If you or someone you know is a step-parent facing charges of child abuse, the first step is to hire a lawyer from the Law Offices of Brian J. Mirandola who can investigate the evidence and build a defense. To schedule a free consultation with a Kane County domestic violence defense attorney, call 847-488-0889.



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police, Kane County criminal defense attorneysWhile the majority of police officers are good and decent human beings, police brutality, aggression, and confrontational behavior does exist. Knowing how to handle such situations, should you ever experience it, is critical. In fact, in some situations, it could even save your life. At the very least, an understanding of your Constitutional rights and thoughtful action could help mitigate the risk of a wrongful arrest, wrongfully filed charges, and wrongful conviction.

Understanding Your Risk

Anyone can be victim of police brutality or aggression, but certain groups are at an increased risk. For example, African American males are three times more likely to be killed by an officer of the law than any other race and gender combination. Further compounding this issue is the reality that African American men are much more likely to be stopped by a police officer than other groups. Therefor, it is critical that they, above all others, understand how they can attempt to deescalate a situation and protect their rights.

Protecting Your Rights and Safety

Dealing with an aggressive or confrontational police officer can be a frightening and traumatic experience. However, it is critical that you maintain calm, no matter how difficult it may be to do so. Any aggressive action on your part can escalate the issue even further. Regardless of what happens or how bad things get, be polite, do not engage, and speak as little as possible (this is especially important since officers are legally allowed to lie to you and attempt to manipulate you into incriminating yourself). Politely but directly, refuse to answer questions without an attorney present. If an officer continues to push you for answers, continue to restate your refusal reasonably and insist on waiting for an attorney.

If you find yourself in a situation where the officer will not let you go, politely ask him or her if you are being detained. If the answer is no, thank the officer and walk away. If you are being detained, then let the officer know that you are getting your identification, do so slowly, and then hand it over without making quick or sudden movements. Stay quiet and do not speak while the officer is reading your rights, then be sure to ask for an attorney. Once again, above all else, remain calm.

Contact a Kane County Criminal Defense Lawyer

If you or someone you love is facing criminal charges, it is important that you seek quality legal assistance. Backed by more than 20 years of experience, Attorney Brian J. Mirandola has the skills and knowledge needed to aggressively represent you in your case. We will protect your rights and pursue a favorable outcome for your situation. Contact an Elgin criminal defense attorney for a free consultation today.


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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


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BAIID, Elgin DUI defense attorneyA charge of driving under the influence (DUI) is always serious. The impact to your life can be tremendous, even if you are able to avoid a conviction, as you may still need to contend with financial penalties, diversionary programs, and the suspension of driving privileges. A conviction, of course, will result in additional consequences, including possible jail time. For a second or third DUI conviction, the penalties are even more severe. Getting back on the road following a second or third DUI can be particularly challenging, but a recent law change clarifies some of the requirements for getting your driving privileges restored.

Five Years of Restriction

According to the law in Illinois, a person who has been convicted of a second DUI charge within 20 years will have his or her driving privileges revoked for a minimum of five years. A third conviction results in a revocation of driving privileges for at least ten years. To have driving privileges restored, an offender must apply for reinstatement with the Secretary of State’s office. In the past, the criteria for license restoration was relatively subjective, and each case was handled on individual basis.

Beginning this year, however, the new law requires a person convicted of a second or third DUI to obtain a restricted driving permit and install a breath-alcohol ignition interlock device, or BAIID, on his or her vehicle for at least five years before reinstatement will be considered. While other individual factors will be taken into account, full restoration requires driving for at least five years with the BAIID.

Preventing Future Drunk Driving

When a BAIID is installed on your vehicle, you will be required to blow into the device before your vehicle will start. If the BAIID detects alcohol on your breath in excess of a predetermined standard, you will not be able to operate your car. In Illinois, a BAIID must also be equipped with a camera to ensure that the person providing the sample is actually the offending driver. Violating the terms of the BAIID program will result in extended suspensions or revocations, or disqualification from the program. If you are disqualified from the BAIID program, restoring your full driving privileges could become impossible.

DUI Defense Representation

If you have a previous DUI conviction on your record and are facing new drunk driving charges, you need a lawyer who will fight to protect your rights. Contact an experienced criminal defense attorney in Elgin to learn more about your legal options. Call 847-488-0889 for a free, initial consultation at The The Law Office of Brian J. Mirandola today.


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