This time of year, we often take a few moments to remember some of the traditions in The Old Country, which sometimes involved lax enforcement of certain criminal laws.
Like many Irish folk songs, Johnny McEldoo has no clear origin. It tells the story of some friends who went out drinking one night. Afterwards, since they were hungry, they “visited McMann’s, MacIllman’s, [and] Humpty Dan’s; we then went into Swann’s our stomachs for to pack.” One fellow in particular, the aforementioned Johnny McEldoo, had a grand appetite. He ate everything in sight: “He’ll eat the tablecloth if you don’t hold him in!” McGrath warned.
Later, when the waiter brought the check, Mr. McEldoo and his cohorts apparently refused to pay. A near-riot ensued, in which the waiter “kicked [McEldoo] about like an old football” and seemingly could “have killed him with a few blows in no time at all.”
Inevitably, “the peelers did arrive, man alive, four or five.” They broke up the fight, the friends paid for the food and the damage, “and went home to ruminate on the spree that day!”
Modern Alcohol Crimes
Gluttony may be one of the seven deadly sins, but insofar as we know, it is not against the law in this state. Alcohol-related incidents, however, are a totally different story.
Illinois has some of the strictest DUI laws in the country. Generally, there is no look-back period when using prior convictions; in some cases, a reckless driving charge can also be considered as a DUI conviction. The prosecutor must prove guilt beyond a reasonable doubt, and the evidence used in these cases is subject to attack.
- Circumstantial Evidence: The officer always testifies that the suspect “failed” the walk and turn, one leg stand, and any other field sobriety tests, but it is up to a jury to determine passing and failing grades.
- Chemical Tests: The Breathalyzer and other gadgets are not perfect, and an attorney can partner with an expert witness to point out these flaws. Moreover, although modern devices may be more accurate, they are also more difficult to operate and maintain.
In most cases, any offense other than a first DUI is not probation-eligible, which means mandatory jail or prison time.
Assault and Battery
Contrary to popular myth, assault and battery must not necessarily involve a physical injury, especially at the misdemeanor level. Instead, the prosecutor must only prove that the defendant “knowingly engage[d] in conduct which places another in reasonable apprehension of receiving a battery.” Certain aggravating circumstances, such as the nature of the alleged victim, type of weapon used, or location of the alleged incident, can elevate the charges to as high as a Class X felony with a sentence of six to 30 years..
There are also a number of effective assault defenses, including:
- Defense of property,
- Self-defense,
- Defense of others, and
- Lack of reasonable apprehension
These defenses can be used at trial to possibly get the case thrown out, and during plea negotiations for a reduced sentence or lesser charge.
Partner with Assertive Attorneys
All criminal offenses are serious matters with long-term consequences for you and your family. For an effective defense against criminal charges in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.