Madelyn Daley
Attorney at Law

US Local 618-509-9724

Our office remains open at this time. Consultations are available via telephone or Face-Time. In-person consultations are available on a case-by-case basis. The safety of our clients and employees is of the utmost importance.

Belleville Criminal Defense Blog

How are juveniles protected in the criminal justice system?

Being arrested or questioned by a police officer can be a terrifying experience for anyone, but especially for children who may not understand what is happening, or what rights they have under the law. It can be even more frightening for children with special needs.

The Illinois legislature passed new laws expanding legal rights for children in police custody in 2016. However, critics say the state lags behind others in protecting the rights of minors.

How traffic offenses can affect your Illinois driver’s license

Many people view traffic offenses as “no big deal.” And while the occasional speeding ticket certainly won’t land you in the same hot water as, say, a felony drug charge, traffic offenses can still have a big impact on your life.

Illinois uses a point system to track moving violations. Too many points on your record can cost you your license. For those who depend on cars to get around, a suspended license can be a major headache.

Penalties for theft depends on the amount allegedly taken

Individuals who are accused of breaking the law risk significant penalties depending on the severity of the crime they commit. One of those crimes is theft.

Theft occurs when an individual intends to deprive another of the property without permission to do so. The penalties people may face upon conviction of this crime depends on the value of the stolen item. Generally, the more an individual is convicted of taking the more significant the penalties. However, there are other factors that may affect the penalties as well.

Helping people avoid the severe penalties of drug charges

There are many laws regulating the possession and distribution of drugs. These laws can result in significant consequences for those people who are caught breaking them. These consequences can include significant fines, prison time, and a mar on one's record. However, only people who are convicted will have to experience these ramifications.

People who are charged with drug crimes are not automatically deemed guilty. In many instances there are criminal defense options available to these individuals. Most of these defenses begin with the stop and search of the person or his or her vehicle. Everyone has a constitutional right against illegal searches and seizures, and, as a result, the police must follow certain rules when they stop people and search them. If the police do not follow these rules and thereby illegally stop or search a person, then the evidence of any drugs found on them or in their vehicles could be suppressed. If that evidence is suppressed then a conviction is unlikely.

What happens after your arrest?

When police placed those handcuffs on your wrists, you may have felt many emotions. Perhaps you were frightened and confused, or maybe you felt angry and betrayed. However, emotions do not have much to do with what happens over the next few days and weeks.

If you have little experience with the criminal justice system, you may have countless questions about what you should do and what you can expect. The process is routine for those involved, but for you, it is likely new and terrifying. Having a general understanding of what may happen may relieve some of the stress and allow you to focus on building your defense strategy.

Former Assistant State's Attorney charged with DUI after accident

When people drink too much and drive in Illinois, they could be charged with a DUI. This is true for anyone. No one is above the law in that respect. This is evidenced by the fact that a former Assistant State's Attorney was recently charged with a DUI. She allegedly drove her vehicle through a stop sign, hit another car, drove over a curb, and eventually crashed through the wall of a business. She was trapped in the car when officers arrived due to a wall of the building landing on her vehicle. She allegedly had a BAC of .43 at the time.

She has now been charged with a DUI and recently lost her driver's license due to a summary suspension. There are many people who drink and drive in Illinois, and it can be very dangerous to not only the person driving but everyone else on the road. Drunk drivers can cause accidents that leave people hurt. That is why there are significant penalties for people who are caught drinking and driving.

Being convicted of burglary could lead to serious consequences

There are many reasons that people go into other people's homes and on their properties. Usually it is because they are invited to enter for one of a variety of different reasons.. This, of course, is perfectly fine for people to do. However, if an individual enters onto another person's property or into their home without an invitation it can lead to serious consequences.

If an individual simply enters onto the property of another and does nothing else, then they could be charged with trespassing or another similar crime, but if they take something that they are not suppose to take while in another's home then they could be charged with burglary. A burglary occurs if a person enters into a home without permission with the intent to commit a theft while inside.

Factors used to determine if there is intent to distribute drugs

It is a reality that many people use drugs in Illinois. Many of these drugs are illegal to possess and sell. This means that if people are caught with drugs on their person they could be charged with drug crimes. However, selling these drugs could result in more severe penalties.

People are not always caught in the act of actually selling drugs. However, even if they are not caught in the act of selling, individuals can still be charged with possession with the intent to deliver. Proving the intent element of such a crime is not always straightforward though, so there are a number of factors that are used to determine whether an individual has committed this drug offense.

What is an aggravated DUI in Illinois?

Drinking alcohol can be a fun way to unwind after a long day, socialize with friends, or watch sports. However, if people consume too much alcohol it can lead to problems and consequences that they don't want. That could be that they say something they regret, embarrass themselves, hurt themselves, or wind up in legal hot water. In some instances these individuals are arrested for DUI.

The consequences an individual may face if they are convicted of a DUI depends on a number of factors. However, in general the more DUIs a person has the more significant the consequences become. Also, other factors can lead to an aggravated DUI, which will result in more serious consequences.

Types of criminal records that can be sealed

No one in Illinois is perfect and from time to time people make mistakes. There are many different types of mistakes and many different consequences people face because of those mistakes. Some mistakes are more serious than others. For example, some mistakes can lead to people being fired from their jobs, losing friends and in some situations can lead to criminal charges. If people end up being convicted of those criminal charges, the consequences can affect them for a long time.

Criminal charges and convictions are considered public record, which means that future employers and landlords can see if a person has been charged and convicted of a crime. This means that the criminal convictions could prevent people from getting a job or apartment that they wanted to get and would have gotten if it were not for the criminal conviction. In many instances the criminal conviction was also a one-time mistake and is not a true indication of who the person is today.

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