Legal Atmosphere

• 21Feb

  DUI/DWI in Illinois is a Serious Offense

  Criminal Law, Legal Atmosphere No Comments

  Illinois addresses every instance of driving under the influence of alcohol or drugs (DUI), also known as driving while intoxicated (DWI), as a serious crime. People arrested for DUI/DWI in Carbondale, Marion, Benton, Harrisburg, or elsewhere in Illinois face both civil and criminal penalties that become increasingly severe with each successive arrest.

  Listed here are the penalties for a first DUI/DWI arrest in Illinois, with no aggravating factors:

  •    Driver’s license suspended for half a year if you fail the breathalyzer test, and up to one year if you refuse the breathalyzer

  •    Up to one year in jail

  •    Fine of up to 2,500 dollars

  You may possibly receive a Monitoring Device Driving Permit after the 30th day of your license suspension, which permits you to drive anywhere whenever you want, provided that you drive a car outfitted with a Breath Alcohol Ignition Interlock Device (BAIID). If you’re caught driving a motor vehicle without such a device, prosecutors will charge you with a Class 4 felony.

  The first DUI/DWI offense-defined as an actual first or the first in the past five years-qualifies as a Class A misdemeanor, so any prison time will be spent in county jail, not the state prison system. Subsequent offenses in Illinois receive harsher penalties, as do offenses in which your blood alcohol content is 0.16 or more, twice the legal limit of 0.08, and DUI/DWI offenses during which someone age 16 or younger was a passenger in your car at the time of arrest.

  Comparing and contrasting DUI/DWI with reckless driving

  Reckless driving is typically a Class A misdemeanor in Illinois. The criminal penalties remain the same: if convicted of reckless driving, you face up to one year in county jail and a criminal fine of up to 2,500 dollars. If you face a DUI/DWI conviction, your Illinois DUI defense attorney may advise trying to have your charge amended to reckless driving. The primary discrepancy between the penalty for first-time reckless driving and the penalty for first-time DUI/DWI lies in what will happen to your driver’s license.

  With a DUI/DWI arrest in Illinois, you face an automatic license suspension. Upon conviction, your license remains suspended for at least six months. When charged with reckless driving, the prosecutor can request to have your license suspended or revoked, but Illinois law doesn’t require him or her to do so. You are more likely to keep full driving privileges when charged with reckless driving than when charged with driving under the influence.

• 12Feb

  What Should You Do if You are Arrested in Maine?

  Criminal Law No Comments

  For most people, an arrest is traumatic. You may feel nervous, stressed out, frustrated, or even afraid. However, with an experienced criminal defense law firm in Maine by your side, you can beat the charges and move on with your life.

  Following are some tips on what you should do if arrested:

  • Remain calm. First, you must remain calm. Police make an arrest because they have probable cause to do so. However, this does not mean you are guilty. By remaining calm and not acting disruptive, you are greatly improving how law enforcement and the district attorney view you as a citizen.
  • Remain silent. When police arrest you, they must inform you of your Miranda rights. You have these rights as a citizen once you are under the supervision of the criminal justice system. These rights are designed to protect you and the police. One of these rights is your right to remain silent. You must invoke this right immediately. If police question you, politely explain that you are invoking your Fifth Amendment right to remain silent.
  • Request your attorney. The single most important thing you can do after an arrest is to contact an experienced Maine criminal defense attorney. The moment you ask for a lawyer, all police questioning must cease.
  • Tell your lawyer everything. Once your attorney arrives, you must tell him or her everything that happened. Do not lie to your attorney and do not leave out any details.
  • Listen to your attorney. After your lawyer has heard your side of the story, he or she will begin explaining to you how the criminal justice system works and what you should expect. Be sure to listen to everything your lawyer tells you and do not be afraid to ask questions. .

  Maine criminal defense law firm

  If you have been accused of a crime or charged with OUI or other driving offenses, contact DeGrinney Law Offices to arrange a free consultation.

  1266 Congress Street
  Portland, Maine 04102
  Phone: (207) 756-8557

• 31Jan

  General Advice for Criminal Law Clients in Pennsylvania

  Criminal Law No Comments

  The criminal law process in Pennsylvania can be confusing and stressful. Here are some tips to keep the accused informed:

  1. DO NOT discuss the facts of your case with anybody outside of your attorney

  If anyone, including friends and family, ask you about the facts of your case, it is imperative that you do not discuss it. In addition, if the Police Department contacts you, you should immediately inform them that you have an attorney, and that you have been advised to not discuss anything without your attorney present. You can also pass on your attorney’s contact information. You should then immediately contact your attorney to inform them. Most likely, your attorney will handle all communication from that point forward.

  2. Keep your attorney informed

  Any time you receive new information about your case, it is important to let your attorney know immediately. This may include anything from new charges against you or a change in case status. In addition, it is also important to notify your attorney if your telephone number or address changes.

  3. Keep a documented journal, including photos

  It is extremely important to record everything you can surrounding the events leading up to your case as well as your version of events from the incident resulting in charges. Make sure to photograph anything that may relate to your case, including vehicle damage, injuries, accident sites, etc. It is important that you remain active in your own defense, and it is always better to have too much information than not enough. In addition, if you are advised by your criminal law attorney to attend meetings or fulfill any other tasks, you must provide written proof that these were actually completed.

  4. Respect the court

  If you are required to appear in court, make sure to show the Judge and any other Officer of the Court respect. Your appearance should be neat, and clothing should be business-like. Do not wear tank tops, shorts, or other revealing clothing to a court appearance.

• 23Jan

  How to Handle Police Questioning During a Routine Traffic Stop

  Criminal Law No Comments

  The scenarios wherein Police want to talk to, or request a statement from, a driver come in various forms.  The form discussed here will be when Police want to question a driver during a vehicle stop.

  It is common for Police to stop a vehicle for a Pennsylvania Vehicle Code “operator” violation, such as exceeding the speed limit.  It is also common for Police to stop a vehicle for a Vehicle Code “mechanical” violation such as a broken taillight. These mechanical violations are often beyond the control and knowledge of the driver, and justify a vehicle stop even if that driver is complying with all other Vehicle Code laws.  In either of these scenarios, Police are permitted to stop your vehicle, obtain basic operator information (i.e. license, registrations and insurance information), and issue a citation if it is required.

  However, at this point the scenario often changes, and drivers must be aware of their rights moving forward.  After Police have issued a written citation, the Probable Cause has been completed.  However, often times Police will engage in additional questioning of the driver, and possibly even try to search the vehicle.

  Once the original Probable Cause for the stop has been completed, Police generally need either new Probable Cause or your consent to search the vehicle.  If they do not have either, they generally may not search your vehicle.  Therefore, it is wise for a driver to refuse a vehicle search. This refusal should be made respectfully and firmly.

  In some cases, Police may insist upon searching or even threaten to tow the vehicle. If this happens, it is important for the driver to inform Police that they must speak with a lawyer immediately.  Typically, this request will end any further questioning.

  Sometimes Police will simply impose their authority and begin to search despite the driver’s refusal.  In this circumstance, a driver should remain silent.  After the search, they will need to hire a lawyer who specializes in criminal law, specifically in the areas of Search & Seizure/Fourth Amendment rights.

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