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

Is cannabis DUI testing reliable in Illinois?

Operating a motor vehicle under the influence of any intoxicating substance is illegal in Illinois, whether it's alcohol, prescription drugs, or marijuana and cannabis-related products.

While it's been legal to purchase recreational marijuana since Jan. 1, police officers' methods used to detect so-called "drugged drivers" remain questionable.

Are juvenile records automatically expunged in Illinois?

If a child is arrested or has police contact before they turn 18 in Illinois, they likely have a juvenile record. These records contain police reports, computer correspondence and any court documents created when a child is suspected or charged with a crime.

Since 2018, the Illinois State Police must erase some – but not all – of these records once a person turns 18. Records not automatically removed can still qualify for expungement in some instances, but you must know the date of the arrest, the charge and the outcome of the arrest.

Can I still be arrested for marijuana offenses in Illinois?

The short answer is "yes." Despite Illinois becoming the 11th state to legalize recreational cannabis on Jan. 1 of this year, it's crucial to understand the law's provisions over the amount of pot you can possess and where it can be legally consumed.

Even with the growing number of states legalizing the drug, the FBI reports police across the country make more arrests - four out of every 10 - over marijuana than any other drug. In 2018, the FBI says 663,000 pot-related arrests were made, and 92% resulted in possession charges.

Meth use and arrests on the rise in Illinois

The use of methamphetamine is soaring once again as nearly 1 million Americans are hooked on the drug, according to a new report by the Centers for Disease Control and Prevention (CDC).

The CDC says, from 2015 to 2018, of the nearly 1.6 million adults who reported using meth, almost 53% said they were addicted, and 22% reported injecting the drug. Users frequently said they were also addicted to other drugs or had mental health issues.

Do police have the right to view your smartphone data?

Most people's lives have dramatically changed since the invention of the iPhone and Android devices that hold our most intimate details, and gigabytes of other information. But the advance in technology has also led to these devices being used as potential sources of evidence for police.

If you are arrested or suspected of a crime, can the police force you to hand over that information? There is no clear answer as courts often rely on laws that were made well before smartphones existed. But it's important to understand what rights you have to keep that data private.

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.

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