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Recent Blog Posts
The Flawed Science of Field Sobriety Tests
Almost everyone has seen, heard of, or experienced a field sobriety test. However, few people realize that these tests are based upon flawed science. In fact, one news source found that passing a field sobriety test is difficult, even when one is sober. Add in the stress, anxiety, and fear of actually having to go through it, and you have a recipe for a wrongful DUI conviction. Learn more about the flawed science of field sobriety tests, and how you can fight back against your DUI charge, with help from the following.
News Team Asks Sober Mall Goers to Complete Test
In 2013, NBC News stopped three people in a local mall and asked them to complete the field sobriety test. All three of them failed at least one portion. Balance issues and sleep deprivation were said to be some of the reasons that these folks struggled, but the truth is that these tests are far more difficult to pass than one might expect.
Actions That Could Result in a Suspension of Your Illinois Driver’s License
Driving is a privilege, not a right, and certain actions can cause you to lose that privilege. In some instances, the loss may be temporary (license suspension). In others, it may be revoked or cancelled. Learn what these actions are, and how you can fight against a suspension or revocation of your Illinois driver’s license.
Driving Under the Influence
Driving under the influence of alcohol, illicit drugs, or certain prescription drugs can result in criminal charges. It can also result in a suspension of your driving privileges for a term of one year or longer, depending on your number of convictions. For drivers under the age of 21, any level of alcohol or drugs in the system can result in suspension. Adults can lose their driving privileges for driving with a blood alcohol concentration (BAC) of 0.8 or higher, or for having drugs in their system.
Understanding the Consequences of Underage Drinking in Illinois
Illinois has some of the strictest drinking and driving laws in the nation. In fact, even first-time DUI offenders are at risk for losing their driving privileges for a year or longer. Underage drinkers do not fare any better. In fact, the penalties for minors could, in some cases, be more severe than those experienced by adults. If you or someone you love is facing an underage DUI or other alcohol-related offense, the following can help you understand the consequences, and how an experienced criminal defense attorney may be able to help you avoid them.
https://www.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx
Facing Domestic Battery Charges in Illinois – What You Need to Know
Those who are arrested on domestic battery charges are often stigmatized by the outside world. They are seen as abusers – monsters who harm those that love them. Yet this is not always the case. In fact, there are many situations that can lead to a charge for domestic battery. Some may not even include actual harm to a victim. If you are facing criminal charges for domestic battery in Illinois, learn what your rights are, and how you can fight back to protect your future, and your family.
What is Domestic Battery?
Domestic battery is defined as the commission of bodily harm, or the physical contact, insulting, or provoking of a family member in a way that leads them to believe they may be at risk for bodily harm. This applies to more than just live-in family, such as a sibling, parent, intimate partner, spouse, or child. It can also be considered applicable to threats or harm to an ex-spouse, ex-partner, or other close person. It can also apply in situations involving a caregiver and an elderly, disabled, or otherwise vulnerable person with which no relational ties exist.
Illinois May Soon Be One of the Toughest States on Sex Crimes
Sex crimes are considered to be some of the most heinous acts, and they are already harshly punished. Yet legislators, activists, and survivors are all working (in their own ways) to toughen up the current statutes in Illinois. What might this mean for those who have allegedly committed such crimes? The following explains how proposed bills and a federal grant may change the face of sex crimes in Illinois.
Federal Grant to Strengthen Current Policies and Procedures
In August of 2016, Governor Bruce Rauner signed a new law that is aimed at strengthening current policies and procedures for sex crimes. Included in this effort is a $750,000 federal grant that will reportedly be used to train first responders and dispatchers on how to encourage sex crime victims to come forward and press charges. The law also made Illinois the first state to mandate the testing of any submitted rape test kit, and it addressed some of the obstacles that the state faces when it comes to completing those tests in a timely manner. What does this mean for those accused of a sex crime?
What Constitutes a DUI in Illinois?
When people think about driving under the influence, their thoughts usually turn to drinking and driving. However, there are other types of intoxication that fall under the DUI umbrella. In fact, any drug use, including medicinal marijuana and certain prescribed drugs, can constitute a DUI. The following information can help you better understand the laws as they pertain to driving under the influence in Illinois.
Alcohol Intoxication
Alcohol intoxication while driving is the most prevalent and well-known DUI. It is also the easiest type of intoxication to detect. From the first drink, alcohol starts to affect a person’s coordination, judgement, and reaction time. By the time you reach the legal limit (0.08 in Illinois), your vision is also often impaired. At this point, you are also 11 times more likely to be killed in a single driver crash than a sober driver. Time is the only way to ensure you do not exceed the legal limit. On average, it is about an hour per drink. However, the metabolism of the person, the type of drink consumed, gender, and other factors may increase this time limit.
Juveniles Facing Felony Charges in Adult Court – What Parents and Teens Need to Know
Teens cannot vote or buy cigarettes, and until they turn 18, they cannot enlist in the armed forces. Yet there are crimes they can commit that will send them into the adult court system. If convicted, they face a future with a criminal record, which drastically reduces their opportunities for housing and employment. In short, their lives forever changed. Could this happen to your teen? If you believe there is even the slightest possible chance that your juvenile offender could face this fate, the following information will help you understand how to proceed.
The History of the Juvenile Justice System in Illinois
At one time, teens as young as 15 could be automatically referred to adult court – and not just in Illinois. Many states were uncertain of how to handle teen offenders, and they reasoned that harsher penalties would keep crime rates down. Unfortunately, no one accounted for recidivism rates, which began to drastically increase among teens who had been tried as adults. Then the studies started to pour in. Many indicated teens, who are still mentally and emotionally developing, would be best served through a rehabilitation program.
Innocent Until Proven Guilty? Illinois Property Seizure Laws Suggest Otherwise
Your Constitutional rights are meant to protect you from wrongful criminal persecution. The cornerstones of our society, they clearly state that you are innocent until proven guilty beyond a reasonable doubt. Yet, there are some little known laws that can leave you or your loved ones feeling like a victim of the justice system, even if you have done nothing wrong. Long overdue for an overhaul, these laws date back to the 1980s and grant police officials the authority to seize your property without ever having to push for a warrant or even bring criminal charges against you.
With more than 30 years of experience, Stephen A. Brundage, Attorney at Law, has handled a wide range of criminal matters. Knowledgeable and highly skilled, we can evaluate your situation and guide you in determining the next steps. We are committed to your best interest and are prepared to aggressively represent you, regardless of the complexities you may be facing. Contact our seasoned DuPage County criminal defense attorneys today to schedule your free initial consultation. Call us at 630-260-9647 today.
Common Types of Cybercrime
Use of the Internet has become a ubiquitous part of everyday life. Likewise, cybercrime has also become part of everyday criminal activity and law enforcement. And while the Internet may have once seemed like a safe haven for criminal activity, where illegal actions were supposedly shrouded in the anonymity of the online world, this is no longer the case.
Just as cybercrime itself has become more involved and advanced, so has the ability to prosecute it.
Silk Road
One of the most widely publicized incidents of cybercrime in recent years was the take down of the infamous Silk Road—a website that served as a marketplace for black market illegal goods. The website ran from 2011 to 2013 and made more than $1 billion in sales.
When the mastermind behind Silk Road, Ross Ulbricht, was finally apprehended, worldwide conversation about the regulation of the Internet in order to stop illegal activity was sparked. Yet while Ulbricht’s imprisonment may has served as a warning to other cyber criminals that illegal activity will not be permitted online, regardless of the complexity of firewalls and international servers, cybercrime continues to be a common crime in the United States.
False Restraining Order Statistics and Reasons
Restraining orders are a protective measure intended to help prevent domestic violence and protect victims of it. However, false allegations of domestic violence or criminal activity can result in restraining orders as well as actual allegations of criminal activity, resulting in unfair punishment and long-lasting effects for those accused.
If you have been accused of domestic violence, the most important step is to seek legal counsel. Only by working with a qualified professional at the onset of the case is it certain that you will be able to present the best possible defense, especially in cases that involve allegations of domestic violence—some of the most notoriously difficult to absolve.
Perhaps one of the most surprising statistics about restraining orders is in that roughly half of all cases involving a court-ordered restraining order, there is no allegation whatsoever of physical violence. Restraining orders can be filed against a person who is accused of harassment that allegedly causes any time of emotional distress. This can include repeatedly calling someone on the telephone or creating a disturbance or a scene in a public place. It can also include the mere threat of violence—if a person is accused of threatening to commit physical abuse or harassment, he or she may be slapped with a restraining order.
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From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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