CAN I BE ARRESTED FOR DUI EVEN THOUGH MY BREATHALYZER WAS UNDER .08?
Yes. In Illinois, the state’s blood alcohol limit of .08 only represents a presumption that you have been driving while intoxicated. While a breathalyzer reading below .08 can help disprove a presumption of drunk driving, it does not prevent the State from relying on other evidence such as slurred speech, inability to walk a line, glassy eyes and erratic driving. The State, however, has the burden to prove a DUI beyond a reasonable doubt. An experienced attorney can help probe the weaknesses in the state’s case and improve your chances of obtaining a not guilty verdict. [...]
CAN DUI HURT YOUR EMPLOYMENT?
This depends largely on who you work for and what you do. For drivers with a valid CDL, a DUI can cost you your job.
What should I do if the police are looking for me?
Contact an attorney immediately. A competent attorney may provide invaluable guidance that helps prevent you from incriminating yourself, while staying within the bounds of the law. In limited cases, this advice can help prevent charges from ever being brought. If you are picked up and held for questioning or charged with a crime, tell the police that you wish to remain silent and you do not wish to answer any questions without an attorney present. It is even more imperative that you not discuss the circumstances of the crime with police before you have seen an attorney. This, at[...]
What can I do when my loved one has been arrested?
Contact an attorney immediately. An attorney can visit your loved one in the police station, advise them not to talk to police and notify the police that they are represented by an attorney and will not answer questions. Timely intervention can help prevent your loved one from caving into police pressure and providing the evidence needed for a conviction. In Illinois, if your loved one has been picked up for a relatively minor offense and has a clean record, they may be eligible for an I-Bond. That means they can leave the police station on their personal promise that[...]
Should I make a statement to the police?
Law enforcement officers are trained to make suspects feel comfortable so that they will incriminate themselves. You have the absolute right NOT to talk to the police. In many cases, people who have tried to talk their way out of a potential arrest incriminate themselves severely. If the police ask you to answer questions about your possible role in a criminal act, you should say “I wish to exercise my right to remain silent. I wish to speak to an attorney.” In all cases, you should treat the police with respect and courtesy, even if you feel that officers[...]
Should I consult an attorney about a problem with an academic institution?
If you are being charged with some form of academic dishonesty or other discipline code violation, you should discuss your legal options with an attorney. An attorney can help you through the disciplinary proceeding. Often clients are not aware of how they come across to others. An attorney can help you present yourself in the best possible light.
If I haven’t been charged with a crime yet, do I need to speak to an attorney?
If believe you are being investigated for a crime, you should contact an attorney immediately. At times, the involvement of an attorney early on can reduce the chances of criminal charges being brought against you later.
I violated my probation or supervision. What can I do?
Often on first offenses, a court will sentence defendants to a term of supervision or probation for a set length of time. This term may have certain conditions such as random drug testing. Probation or supervision, however, always require that you stay out of trouble with the law. Therefore, even if you are suspected of committing a crime or if you have committed a relatively minor offense such as a retail theft, the court can now re-sentence you on the first offense, which can mean significantly stiffer fines or even a jail term. And that still doesn’t take care[...]
I have been arrested for possession of narcotics that are not mine. What can I do?
To prove possession of a controlled substance, the state must show: 1) you knew about the presence of the drugs, and 2) the drugs were in your immediate and exclusive control. The police do not have to show you had the drugs on your person. Constructive possession is enough. For example, the drugs are in your closet and no one else has the keys to your home. Since actual knowledge is difficult to prove, the state can infer that you knew about the narcotics from your acts, declarations or conduct. While the state must show the drugs were in[...]
I have a felony. What can I expect?
After your arrest, you will have a bond hearing. At the bond hearing, the court will set the amount of bail necessary to permit your release from jail. In all likelihood, the State will argue for the Court to set the highest bond possible, or in some cases, to deny bond altogether. An experienced attorney can help present those factors most likely to persuade a particular judge to set a reasonable bail. About a month after the bond hearing, your case will be set for a preliminary hearing, that is a hearing to establish whether the police had probable[...]
