Madelyn Daley
Attorney at Law

US Local 618-509-9724

Belleville Criminal Defense Blog

Can I refuse a Breathalyzer test?

If you have been stopped by the police while driving and under suspicion of a DUI, you may wonder if you can refuse to submit to a Breathalyzer test. The answer is generally yes, but refusing a chemical test comes with consequences. However, refusing a breath test can be useful when it comes time for your DUI defense.

According to implied consent laws in Illinois, anyone who drives a motor vehicle automatically consents to chemical testing of their breath, blood or urine to determine intoxication. An officer can request a driver to submit to a chemical test if the officer has probable cause to suspect that the driver is operating a vehicle while intoxicated. The officer will then get to determine which type of chemical test to administer, depending on the circumstances surrounding the arrest.

Understanding theft charges against you

If you are facing theft charges, it can be beneficial for you to learn more about what these charges mean and how a conviction could impact your future. Criminal charges of any kind are a threat to your long-term interests, and it is always prudent to build a strong defense. The first step in your defense strategy is to understand the charges against you and the different types of theft.

Theft is a criminal charge that comes from taking another person's property without permission. There are different types of theft, and the different types can vary in severity and penalties. No matter how minor your case may seem or how serious the evidence against you may be, you will find significant benefit in crafting a defense strategy that suits your individual needs and objectives. 

Assistance sealing a criminal record sealed

We all make mistakes, but many people that have been charged or convicted of a crime find that they pay for those mistakes for the rest of their lives. A criminal record, even one with only minor offenses, can affect your ability to get a job, find housing, get custody of your kids and qualify for student loans. At Madelyn Daley, Attorney at Law, we have helped countless Illinois residents get their criminal records expunged or sealed to give them the opportunity to leave the past behind them and look forward to the future.

When your criminal record is expunged, any record of your arrest or conviction will be erased completely and you will never be required to disclose it. If your record is sealed, your criminal history will still exist legally and physically, but it will not be accessible by the public. In other words, a potential employer would not have access to sealed records.

What are the elements of a drug possession charge?

If you are facing drug possession charges, the prosecutor on your case likely wants to get a conviction. In order to do so, he or she is legally required to prove the elements of the charges against you beyond a reasonable doubt.

Most drug crimes either involve drug possession for personal use or drug possession with the intent to distribute. Generally, an intent to distribute conviction will result in more serious consequences, as most states are more focused on putting a stop to drug dealing.

Commonly used DUI defenses in Illinois

Defending against a DUI is never easy, but there are many effective strategies used by criminal defense attorneys to protect their clients in court. As a result, many DUI charges are reduced or dropped entirely.

The first DUI defense Illinois attorneys often use relates to the initial traffic stop. In order for an officer to stop a driver, they must have cause to do so. That means that the officer must have reasonable suspicion that the driver has committed, or is about to commit, a crime. The officer may stop a driver for violating a traffic law, driving too fast or too slow, or driving erratically. If the driver was stopped but was not breaking any traffic laws at the time and exhibited no signs of intoxication, the initial stop may have been improper.

Shooting leaves police looking for witnesses and a suspect

Most shootings that begin with an altercation usually produce several witnesses, as well as at least one suspect. A recent shooting in the parking lot of a bar in Centreville, Illinois, appears to have left police searching for both a suspect and witnesses to the crime.

According to the manager of PT's Nightclub, two men were ejected when they began a fight at about 4:00 a.m. Bar employees broke up the fight, and both men were escorted from the bar. The manager says that shots were heard coming from the bar's parking lot. No eyewitnesses have come forward to describe what exactly what happened next, but the manager says that one of the men was fatally wounded. Early reports of the incident do not indicate whether the manager actually saw the shooting or whether he inferred the occurrence of the shooting from the gunshots that he heard.

DUI crash results in airlift of victim to St. Louis Hospital

Drunk driving crashes come in many tastes and colors, but Illinois accidents that result in serious injury or death are by far the most serious. A driver who is found guilty of one or more crimes involving death or serious injury may face incarceration, a hefty fine and lengthy, if not permanent, loss of driving privileges.

A recent accident on a rural road shows the potential effect of such a sentence. On Oct. 20, a pickup truck being driven by a 20-year-old man from Pinckneyville careened off a rural road in Perry County road and landed in a ditch. When police arrived, they discovered that one of the passengers had suffered serious injuries. The victim, an 18-year-old girl, was flown to a hospital in St. Louis for treatment of her injuries. Her medical status is not yet known.

Controlled substances are associated with several crimes

A number of substances are considered illegal to possess, or their possession is highly regulated by Illinois state laws and federal laws. As a result, if authorities believe that you possess illegal drugs, prescription pills without a prescription or drug paraphernalia, you could easily wind up in serious legal trouble.

Controlled substances can refer to drugs that are illegal to possess under any circumstances as well as certain types of prescription drugs. If you receive a valid prescription for painkillers and have those pills in your possession, you will likely not face any adverse reactions from authorities. However, police may charge you if you cannot provide proof of prescription or if they find another substance on your person, in your vehicle or in your home.

Interstate drug bust nets 8 suspects, $700K worth of meth

Many transactions involving illegal drugs cross state lines, with the seller of the drugs travelling to the place where the transaction is intended to occur. For this reason, law enforcement agencies from various states and the federal government often cooperate in the investigation of these operations. A joint operation involving agents from the Drug Enforcement Administration (DEA) and the states of Illinois, Kentucky and Missouri recently announced that it had arrested 8 suspects and recovered $700,000 worth of methamphetamine.

The investigation was opened in September by Kentucky law enforcement agencies and the DEA. The investigators identified people in Illinois, Kentucky, Tennessee and California who were involved in the suspected distribution of crystal meth and marijuana.

Suspect charged in federal court with two Cash Store robberies

Most local robberies are handled by local law enforcement official, but the recent robberies of two Cash Stores has landed in federal court. The reasons for the unexpected allegations of federal crimes has not been explained, but the Hobbs Act provides a likely explanation.

The suspect has been charged with robbing two Cash Stores in the St. Louis metro-east area on Sept. 7 and Sept. 29. A spokesman for the federal court did not know why the case was not being handled in state court. He suggested that the Hobbs Act provides federal jurisdiction for trying certain crimes involving robbery, if interstate commerce is involved. The suspect has been charged with two counts of interference with interstate commerce by robbery, and he faces up to 20 years in prison and a maximum fine of $250,000 for each count.

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