Posted on December 11, 2024 in DUI

Between 1991 and 2017, the rate of drunk driving fatalities decreased by nearly 50 percent.  Nonetheless, in 2023, roughly one million drivers were arrested and charged with DUI or DWI.  While about 30.8 percent of people believe a driver should lose his or her license following a DUI conviction, most believe this loss should only be temporary.

The primary question asked by Illinois residents who have been convicted of DUI is when they can have their driver’s license reinstated. We live in a very mobile society which is highly dependent on the ability to drive. The lack of a driver's license severely hinders getting to and from work, taking children to school, running errands, and engaging in recreational activities.

Thanks to changes in Illinois DUI laws over the past few years, the question of when a driver’s license can be reinstated has become increasingly complex. If you have questions about when your license can be reinstated and how the process works, an Aurora, IL DUI attorney from Law Office of Patricia Magaña, LLC can help.

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 Posted on November 26, 2024 in Criminal Defense

Underage drinking is a serious crime in Illinois that can have severe consequences for both minors and adults. An adult is generally forbidden to give alcohol to a minor and can face prison and fines for doing so. Furthermore, Illinois’ Social Host Law does not require that alcohol be given to the minor directly. Underage drinking on your property can also be considered a criminal offense, and parents can in some cases be held responsible for their own child drinking under 21. If you are being accused of enabling underage drinking, contact an Illinois criminal defense attorney right away to understand your legal options.

What Is the Social Host Law in Illinois?

Illinois has a Social Host Law that punishes adults who knowingly permit or authorize underage drinking in their homes. Importantly, the law does not require adults to provide the alcohol or give express permission to drink it. Even passively allowing it to happen can be considered a Class A misdemeanor, which is punishable by up to a year in jail and a fine of up to $500. If underage drinking results in serious bodily harm or death — such as if the minor drove drunk and killed someone — the adult can be charged with a Class 4 felony, which carries a prison sentence of one to three years and fines up to $25,000.

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 Posted on November 13, 2024 in DUI

People who are convicted of driving under the influence (DUI) may be required to install a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle. A BAIID is a breathalyzer connected to the ignition that prevents the car from starting if the driver’s blood-alcohol content (BAC) is over a certain limit. It is intended to help prevent further DUIs and also alert authorities if a driver drives while intoxicated.

If you have been convicted of a DUI, a BAIID may be optional, depending on whether this is your first offense. For more details about BAIIDs or for questions about a DUI charge, speak with an Illinois DUI defense attorney.

When Is a BAIID Required?

Not all DUI offenders are required to install a BAIID, but they may choose to. The requirements become more strict depending on whether it is your first DUI. They are as follows:

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 Posted on October 30, 2024 in Traffic Violations

Reckless driving is a serious crime in Illinois that can result in jail time, fines, and driver’s license suspension. Under Illinois law, reckless driving is defined as driving with a conscious disregard for the safety of others or trying to make a car go airborne. The first definition is fairly broad and the prosecution must prove beyond a reasonable doubt that you willfully disregarded the safety of others. In some cases, your Illinois criminal defense attorney may be able to reduce the charge or have it dismissed altogether. This article will discuss when that can be done and the penalties for a reckless driving charge.

What Are the Penalties for a Reckless Driving Charge?

The penalties for reckless driving vary depending on the circumstances. For example:

• At its base level, reckless driving is a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500.

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 Posted on October 11, 2024 in Criminal Defense

Illinois treats theft as a serious crime and attaches heavy penalties. One form of theft is shoplifting, which last year cost retailers in Illinois over $120 billion and is projected to cost them $150 billion in 2026. Retailers do not have a great success rate at catching shoplifters. Approximately two percent are caught, and police make arrests only in one out of 100 shoplifting incidents on average.

When a store does believe someone is shoplifting, however, it can take certain actions under Illinois law. In such a situation, understanding your rights is a crucial first step to defending yourself against charges of theft. If you are accused of shoplifting, consult an experienced Illinois criminal defense attorney who knows how to build a solid defense.

What Is Considered Shoplifting in Illinois?

When most people hear the word shoplifting, they think of someone slipping an item into a handbag and leaving the store. But shoplifting can include any action intended to permanently deprive a merchant of an item without paying its full retail value. Other forms of shoplifting can include:

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 Posted on September 26, 2024 in Criminal Defense

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government. Law enforcement must have reasonable suspicion of a crime to search someone’s property or they must first obtain a warrant to do so.

Sometimes police search private vehicles over suspicions of cannabis-related crimes. While marijuana is legal for recreational use in Illinois, drivers are prohibited from driving under the influence of cannabis. Furthermore, Illinois law requires drivers to keep marijuana in a container that is:

• Closed

• Sealed

• Odor-proof

• Child-resistant

• Inaccessible to the driver

Law enforcement officers who smell cannabis odors coming from cars during routine traffic stops have therefore been known to search the vehicles to check if the marijuana is being properly stored.

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 Posted on September 11, 2024 in Criminal Defense

Failing to return library books is a fairly common mistake. People sometimes misplace books they checked out, lose them on trips, or forget they borrowed library materials altogether. Overdue library books have even become the subject of jokes on sitcoms. One Seinfeld episode involves an investigator who launches a criminal probe into the disappearance of a past-due library book.

While it surely earned some laughs, failure to return library materials such as books or videos can be considered theft in Illinois. Since public libraries are taxpayer-funded, library items are considered property of the local government. This article will discuss when failure to return a library book becomes a criminal offense and its penalties. If you have been accused of theft or have questions about how your overdue library books may be viewed by the law, consult an Illinois criminal defense attorney.

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 Posted on August 22, 2024 in Criminal Defense

The moment you hear the words "You are under arrest for drug trafficking," your world can feel like it is crashing down around you. The weight of the situation, the uncertainty of your future, and the fear of what comes next can be overwhelming. However, it is important to remember that being charged does not mean you are guilty. You have rights, and there are steps you can take to protect yourself and your future. An Illinois lawyer can help walk you through what you need to know and do if you have been charged with drug trafficking.

Potential Drug Trafficking Charges in Illinois

Drug trafficking involves the manufacture, distribution, or possession with the intent to distribute illegal substances. In Illinois, this crime is treated as a felony and carries severe penalties, including:

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 Posted on August 08, 2024 in Traffic Violations

Receiving a tailgating ticket can be a frustrating experience. While following too closely is a serious offense that endangers road safety, there are potential defenses that may help you contest such a citation. An Illinois lawyer can help you determine possible effective strategies to challenge a tailgating ticket.

What to Know About Tailgating Laws in Illinois

To effectively contest a tailgating citation, one must first grasp the legalities surrounding this offense. The Illinois Vehicle Code 625 ILCS 5/11-710 stipulates that drivers must maintain a "reasonable and proper" distance from the vehicle ahead. This intentionally broad language serves a dual purpose.

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 Posted on July 29, 2024 in Criminal Defense

With today’s online marketplaces and the ability for virtually anyone to sell things to another person, purchasing stolen items can become an issue. Under Illinois law, it is illegal to purchase or possess stolen property, and charges for purchasing or possessing stolen items can be surprising for individuals who did not know the item they were buying was stolen. A knowledgeable Illinois theft defense lawyer can help you navigate charges for purchasing a stolen item.

Understanding Illinois Theft Laws

The Illinois Criminal Code outlines theft laws for the state, stating that if a person knowingly obtains control over an item that was stolen, or one that the person could have reasonably concluded to be stolen, he or she can be charged with theft.

Examples of situations where you might be able to reasonably conclude that an item is stolen include purchasing a designer item for a fraction of the cost, purchasing a car without a history or title, or purchasing an item that still has security tags attached.

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