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

Can I get a DUI in Illinois even if I’m not driving?

While many people believe driving a vehicle while under the influence of alcohol is the only way they can be charged with DUI in Illinois, that can be a costly mistake.

The truth is that under Illinois' DUI statute, you only need to be in "physical control" of a motor vehicle to be charged if your blood alcohol concentration (BAC) exceeds 0.08%. It doesn’t matter whether your car is parked, or even if it won’t start.

ACLU report highlights racial profiling in Illinois traffic stops

The death of George Floyd and subsequent charges against four white Minneapolis police officers has sparked worldwide protests over systemic racism in the criminal justice system and brought renewed demands for reform. Floyd is the latest instance of African American men and women killed through police actions.

The treatment of people of color by Illinois law officers is highlighted in a 2017 American Civil Liberties Union (ACLU) report, which analyzed traffic stop data across the state. The information shows minority drivers are stopped far more often and subjected to more searches by police.

Defense strategies for shoplifting in Illinois

Illinois has some of the harshest punishments in the U.S. for those convicted of retail theft. Defendants convicted of shoplifting $300 or more of goods can receive up to five years in prison and fines reaching $25,000.

Last year, a bill that would have raised the threshold for felony retail theft to $2,000 failed in the Illinois General Assembly. Supporters said it would have resulted in a decrease of 1,100 inmates in state prisons and saved taxpayers over $37 million per year.

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.

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