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kane county criminal defense attorneyThere are a handful of reasons why a person could end up with a suspended or revoked license. Some of these reasons do not even relate to driving, yet you can still lose your license all the same. Not paying fines relating to parking tickets, tolls, or automatic traffic violations, can lead to license suspension. Failing to pay court-ordered child support or failing to appear for a traffic citation could also result in a license suspension. Driving while under the influence (DUI) is one of the most common reason a person has their license suspended or revoked. Though it can be irksome to lose your ability to drive, choosing to drive even while your license is suspended or revoked can result in criminal penalties.

Penalties for Driving With a Suspended License

Unlike many other traffic violations, driving with a suspended or revoked license is a criminal charge -- not just a traffic ticket. This means that the penalties are typically harsher and the effects of the charge are usually more severe than a traffic ticket. Penalties for driving with a suspended or revoked license depend on how many prior offenses you have and how your license was originally suspended.

A first-time offender for driving with a suspended license can expect to be charged with a Class A misdemeanor, which comes with the possibility of up to one year in jail and up to $2,500 in fines. A person who commits a second or subsequent offense can face a Class 4 felony charge, which comes with the possibility of one to three years in prison and up to $25,000 in fines. Penalties are increased if a person is caught driving with a suspended license while they are intoxicated. If that happens, they can be charged with a Class 4 felony and be required to undergo an evaluation to determine the extent of their alcohol and/or drug problem.

Contact Our Elgin, IL Criminal Defense Attorneys Today

It may seem superficial, but driving with a revoked or suspended license is a crime that is taken extremely seriously in Illinois. If you have been charged with driving while your license was suspended or revoked, you should get in touch with a Kane County criminal defense lawyer as soon as possible. At the Law Office of Brian J. Mirandola, we can help you form a defense against any type of criminal charge you may be facing, including driving with a suspended license. To schedule a free consultation and begin discussing your options, call our office today at 847-488-0889.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.cyberdriveillinois.com/departments/drivers/losepriv.html

 

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Aurora IL criminal defense attorneyWhen a person is arrested and charged with drug crimes, the prosecution’s case will often rely on the evidence recovered. Drugs or drug paraphernalia that are found on a person, in their vehicle, or in their home may be used as evidence, and depending on the amount of drugs and other types of evidence, such as materials used to manufacture or package drugs, a person may face charges of drug possession or drug manufacturing and delivery. However, police officers are required to follow the law when performing searches, and in cases involving illegal search and seizure, the evidence recovered by police officers may be inadmissible.

Understanding Illegal Search and Seizure

The Fourth Amendment to the U.S. Constitution provides people with protection against unreasonable searches and seizures. The “exclusionary rule” applies to evidence obtained through these types of unreasonable searches, meaning that evidence that was obtained illegally cannot be introduced in a criminal case against a defendant. In addition, the “fruit of the poisonous tree” doctrine also applies, and this states that any evidence derived from evidence that was obtained illegally will also be inadmissible in court.

Typically, law enforcement officials must receive a search warrant before performing a search of a person’s property, including their home or vehicle. However, a few exceptions may apply to this requirement, including:

  • Probable cause - A search may be performed if a police officer has a reasonable suspicion that a person has committed a crime, and this suspicion is supported by the facts available to the officer before performing the search. For example, a police officer may notice the smell of marijuana after pulling a person over for a traffic violation, and this may provide them with probable cause to search the vehicle for drugs.

  • Items in plain view - A warrant will not be needed for items that can be plainly seen by police officers, such as drugs or drug paraphernalia that are visible through the windows of a vehicle.

  • Search incident to arrest - When lawfully arresting someone, police officers are allowed to perform a search of their person. Evidence found in these searches, such as baggies of drugs in a person’s pockets, will usually be admissible in court.

  • Consent - Searches may be performed without a warrant if a person voluntarily gives permission for law enforcement officials to do so.

Contact Our Aurora Drug Charges Defense Lawyer

If you have been arrested and charged with a drug-related offense, The Law Office of Brian J. Mirandola can review the circumstances of your arrest and determine whether police officers performed an illegal search. We will fight to make sure any evidence that was obtained through illegal search and seizure will not be used in your case. To get the defense you need, contact our Kane County criminal defense attorney at 847-488-0889 and schedule a free consultation today.

 

Sources:

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

https://www.law.cornell.edu/wex/unreasonable_search_and_seizure

https://www.law.cornell.edu/constitution-conan/amendment-4/search-incident-to-arrest

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Aurora IL criminal defense lawyerBeing accused of domestic violence can be devastating. These types of claims can permanently damage a person’s reputation while also affecting their relationships with family members or friends. Accusations can also lead to criminal charges, and in serious cases, these crimes may be considered felony offenses. A felony conviction can result in a prison sentence of one year or more, as well as up to $25,000 in fines. In domestic violence cases, a person will need to know how the law applies to them and their options for defense.

Felony Domestic Violence Charges

Accusations of domestic violence may result in the following types of felony charges:

  • Domestic battery - This offense may apply if a person allegedly caused bodily harm to a member of their family or a person who lived in their household. While a first conviction of domestic battery is usually prosecuted as a Class A misdemeanor, a second offense is a Class 4 felony. Aggravated domestic battery charges may apply if a person’s actions allegedly caused great bodily harm, permanent disability, or disfigurement, or if they allegedly strangled a person while committing domestic battery. Aggravated domestic battery is a Class 2 felony.

  • Criminal sexual abuse - This offense involves committing an act of sexual conduct by force or threat of force, and it is usually prosecuted as a Class 4 felony. Charges of aggravated criminal sexual abuse, a Class 2 felony, may apply if a person allegedly committed an act of sexual conduct with a family member who is under the age of 18.

  • Stalking - If a person is accused of acting in a way that caused a person to fear for the safety of themself or their family members, including by following them, placing them under surveillance, or making threats, they face Class 4 felony charges.

  • Violation of an order of protection - Accusations of domestic violence may lead to the issuance of an order of protection that requires a person to stay away from and refrain from contacting their spouse, children, or other family members. While violating the terms of an order of protection is usually prosecuted as a Class A misdemeanor, an alleged offender may face Class 4 felony charges if they had previously been convicted of violent crimes or offenses related to domestic violence.

Contact an Elgin Domestic Violence Defense Lawyer

If you have been accused of committing domestic violence, you will want to work with an experienced lawyer to determine the steps you can take to defend against these types of charges. The Law Office of Brian J. Mirandola can represent you during your criminal case, and we will work to minimize the consequences to your life, your reputation, and your freedom. Contact a Kane County domestic battery defense attorney at 847-488-0889 for a complimentary consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+5&ActID=1876&ChapterID=53&SeqStart=21300000&SeqEnd=23400000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+11&ActID=1876&ChapterID=53&SeqStart=14400000&SeqEnd=21000000

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-7.3

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Elgin criminal defense attorneyEven though most people never intend to run afoul of the law, there are some situations where a person may be accused of harming someone else, and these may lead to criminal charges. In some cases, an argument or disagreement may get out of control, causing a person to feel threatened, or a physical fight may break out, resulting in injuries. These situations could lead to assault and/or battery charges. While these charges are often used together, they are two separate offenses, and it is important to understand the distinctions between them. Depending on the circumstances of a case, assault or battery may be charged as a misdemeanor, or aggravating factors may lead to felony charges.

Assault Charges

A person may be charged with assault if they knowingly take actions that would reasonably cause someone else to fear that they will suffer bodily harm or to believe that the person will make physical contact with them in an offensive or insulting manner. Since assault involves the threat or anticipation of action, a person may be charged with this offense if they verbally threaten to harm someone else, pull back their fist in preparation to punch someone, or brandish a weapon in a threatening manner.

At the most basic level, assault is charged as a Class C misdemeanor. However, a charge may be elevated to aggravated assault if a case involved certain aggravating factors. If assault is committed in a public place, if a person used a deadly weapon while committing assault, or if the alleged victim was a teacher, school employee, person with physical disabilities, person over the age of 60, park district employee, transit employee, sports official, or security guard, aggravated assault may be charged as a Class A misdemeanor. If a person allegedly discharged a firearm while committing assault or threatened to run someone over with a vehicle, or if the alleged victim was a police officer, fireman, emergency medical technician, corrections officer, or probation officer, aggravated assault is a Class 4 felony.

Battery Charges

A person may be charged with battery if they knowingly caused bodily harm to someone else without legal justification or if they made physical contact with someone in a manner that was insulting or provoking. While assault and battery are often charged together, a person may be charged with battery even if they did not commit assault. For example, battery may involve striking someone from behind without warning.

In many cases, battery is charged as a Class A misdemeanor. A charge may be elevated to aggravated battery based on many of the same aggravating factors as for assault, including the identity of the victim, the location where the incident occurred, and the use of a firearm or another deadly weapon. In addition, aggravated battery may be charged if the alleged victim suffered great bodily harm, permanent disability, or disfigurement. In many cases, aggravated battery is charged as a Class 3 felony. However, more serious felony charges may apply if aggravated assault was committed against a police officer or a child under the age of 13, or if a person injured someone by discharging a firearm. The maximum charge is a Class X felony, and a conviction may result in a jail sentence of up to 60 years or life in prison.

Contact Our Elgin Assault and Battery Defense Attorney

If you are facing charges of assault or battery, you will need a skilled attorney on your side to help you determine the best defense strategy. At The Law Office of Brian J. Mirandola, we will advise you of your options, provide you with representation in court, and work to help you avoid a conviction wherever possible or negotiate a lesser charge to ensure that you will not face serious consequences. Contact our Kane County criminal defense lawyer at 847-488-0889 to set up a free consultation and get the defense you need.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V%2E+Art%2E+4%2E5&ActID=1999&ChapterID=55&SeqStart=27300000&SeqEnd=29800000

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Kane County felony defense attorneyOf all the different types of criminal charges that a person can face, some of the most serious involve the accusation that a person caused someone else’s death. While intentionally killing someone else can lead to charges of first-degree or second-degree murder, a person may also face felony charges if they are accused of accidentally causing someone’s death. Depending on the circumstances, the offenses of involuntary manslaughter or reckless homicide may apply. Those who are facing these types of charges will want to understand how Illinois law applies to their situation and the potential penalties they could face if they are convicted.

Involuntary Manslaughter and Reckless Homicide Charges

A person may be charged with involuntary manslaughter if they unintentionally kill someone else without a lawful justification. Typically, involuntary manslaughter charges will apply if a person acted recklessly in a way that was likely to cause great bodily harm or death to someone else. In most cases, involuntary manslaughter is charged as a Class 3 felony, and a conviction can result in a prison sentence of two to five years. A person who is convicted of a felony may also be required to pay a fine of up to $25,000.

There are a few situations where more serious felony charges will apply for an involuntary manslaughter case. If the alleged victim was a peace officer, a person may be charged with a Class 2 felony, and a conviction will result in a prison sentence of three to seven years. Class 2 felony charges will also apply if the victim was a member of the alleged offender’s family or household, and in these cases, a conviction can result in a prison sentence of 3 to 14 years.

If a person causes someone else’s death because of the reckless operation of a motor vehicle, watercraft, snowmobile, or all-terrain vehicle, they may be charged with reckless homicide. This could include situations where a person allegedly caused a car accident because they violated traffic laws or committed DUI. Reckless homicide is a Class 3 felony.

Reckless homicide charges may be increased to a Class 2 felony in certain situations, and a conviction may result in an extended prison sentence. If a person allegedly committed reckless homicide in a school zone or construction zone, they may face a prison sentence of 3 to 14 years, and if two or more people were killed, a conviction can result in a prison sentence of 6 to 28 years. The same penalties will apply if a person allegedly killed someone through a violation of Scott’s Law, which requires drivers to slow down and move over when approaching an emergency vehicle that is stopped on the side of the road.

Contact Our Kane County Manslaughter Defense Lawyer

If you have been accused of accidentally killing someone else, you could be facing serious felony charges, and a conviction could lead to a sentence of several years in prison, as well as large fines. At The Law Office of Brian J. Mirandola, we can help you determine the best defense strategy against these charges, and we will fight to protect your rights during your case and minimize the potential penalties that you may face. Contact our Aurora reckless homicide defense attorney today at 847-488-0889 to arrange a free consultation.

 

Sources:

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V%2E+Art%2E+4%2E5&ActID=1999&ChapterID=55&SeqStart=27300000&SeqEnd=29800000

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Avvo Illinois State Bar Association Kane COunty Bar Association
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