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The Complex Process of Illinois Driver’s License Reinstatement

posted on 4/13/19

Reinstating a revoked license in Illinois is an overly complicated process. Without the assistance of an experienced attorney, it can be nearly impossible to navigate the red tape. Some of the ways in which Illinois can revoke a driver’s license, the overly complicated process of getting a driver’s license reinstated and the benefits of obtaining a reinstated driver’s license are outlined below. What Types of Offenses Result in a Revoked Driver’s License? In Illinois, a driver’s license will be revoked...

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When Does a Fight Rise to Aggravated Battery in Illinois?

posted on 4/13/19

Illinois law states that the crime of battery occurs when a person intentionally or knowingly causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual. Even a light touch that causes no bodily injury can be a battery. Battery is a Class A misdemeanor in Illinois; the maximum penalty is a fine of up to $2,500 and up to a year of county jail time. Aggravated battery is considered a felony...

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School Drug Testing: A Teacher’s Perspective

posted on 4/7/19

School drug testing is a relatively new policy in Illinois and throughout the U.S., so students and their parents often raise questions about whether the practice constitutes a civil rights violation. As a teacher, you are in a very different and difficult position. While you should seek advice and more specific information from an Illinois criminal defense attorney, it can be helpful to understand some of the basics behind drug testing in the educational environment. Overview of Fourth Amendment Protections...

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School Drug Testing From the Perspective of Students

posted on 4/2/19

Drug testing in schools is a relatively recent constitutional issue, coming before courts more often in the 1980s during the government’s “War on Drugs” and attempts to keep controlled substances out of the hands of children. At its core, drug testing is a form of search, which triggers a person’s Fourth Amendment right to be free from unlawful search and seizure by public officials. Have you been asked to submit to drug testing at school? While you might be concerned...

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School Drug Testing From the Perspective of Parents

posted on 3/31/19

Though it is important for students to understand how school policies impact their own constitutional rights, parents also have an interest in knowing the effects of these policies on their children. Drug testing is a key issue in recent years as school districts and government bodies implement rules to maintain drug-free school zones. However, drug testing is a form of search, which means it must not violate Fourth Amendment protections against certain actions by public officials. If your child has...

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Can I Challenge My March Madness DUI?

posted on 3/25/19

March is a great time to get out of the house, visit with friends, and enjoy some college basketball. Perhaps you decide to celebrate your team advancing in the tournament with a few drinks at the bar. This innocent decision can land you in some trouble if you are pulled over on your way home. If you have been stopped for drunk driving in Illinois, you are probably wondering what happens next. The good news is that at this point,...

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March Madness DUI: Do I Have to Submit to Testing?

posted on 3/25/19

Spring is finally here, and with it comes some exciting college basketball. Perhaps you have been out enjoying the tournament, indulging in a few beers with friends. A celebration of your team's victory can end in defeat if you are pulled over by the police on your way home. You probably know that the police can request a breathalyzer or other chemical test to determine your blood alcohol concentration (BAC) in an Illinois DUI case. However, there is a lot...

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DUI in Illinois: Challenging Your St. Patrick’s Day Traffic Stop

posted on 3/11/19

Many Chicagoans will be celebrating St. Patrick’s Day this weekend, and unfortunately, some of those people will get behind the wheel after having a drink too many. The penalties for DUI are severe under the Illinois drunk driving statutes, but many people do not realize that there are multiple opportunities to fight the charges. The following will cover the various strategies for defending DUI allegations, starting with challenges to the stop by police. If you are pulled over on suspicion...

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Strip Searches in the School Environment: The Reasonableness Standard

posted on 3/11/19

Continuing our series on what is permissible regarding school searches, we turn to how far officials can go when investigating students suspected of criminal activity. The school environment does permit searches under certain circumstances, especially where necessary to ensure student safety on school grounds. However, the reasonableness standard still applies and students do have rights. If you or your child was arrested based upon a questionable search, an Illinois school searches defense attorney can help. Overview of Searches in Schools...

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How Police May Use Social Media in Illinois Criminal Cases

posted on 3/9/19

Social media is a great way to stay in touch with friends and family and share what is going on in your life. However, there is a downside to social media use if you are a suspect in a crime or were arrested on criminal charges. There are ways to prevent negative social media use as you should be careful when you post certain information online. It is important to work with a knowledgeable Illinois criminal defense attorney to build...

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Police Dog Searches at School: Students’ Rights

posted on 3/3/19

Law enforcement and school officials at all levels have been cracking down on drug crimes in schools. Police have even resorted to conducting searches by using drug-sniffing dogs and specially trained K-9 units. Because they seem rather invasive, you may have concerns about whether these activities are a violation of students’ legal rights. The answer is far from simple. You should discuss your situation with an Illinois criminal defense and school searches attorney, but some general information may be helpful....

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The Role of the Grand Jury in Criminal Proceedings

posted on 3/3/19

From Roger Stone to Jussie Smollett, there have been a number of recent high-profile court cases going before grand juries at the federal and state level. We have heard of grand jury indictments handed down and hours of grand jury testimony given. So, what exactly is a grand jury? Many people have misconceptions about how grand juries work, often confusing them with the juries that would decide the verdict in a criminal case. There is an assumption that a grand...

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Drug Crimes and Possession Issues Under Illinois Law

posted on 2/15/19

The scene is a common one in Illinois: You are out with friends and the police pull you over, perhaps for a relatively minor traffic violation, like rolling through a stop sign, speeding, or having a broken taillight. Officers conduct a search and find that another person in the car has marijuana. Instead of a traffic ticket, now you are charged with possession of drugs. You could face jail time, steep fines, probation, and other penalties – even if you...

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Permissible Searches in the School Setting: A Student’s Perspective

posted on 2/15/19

We previously covered the standards of school searches from the perspective of administrators. It is also important to review the constitutionality of investigations from another key individual’s point of view — the student that is being searched. As shootings, bullying, and violence are on the rise, teachers and administrators will intensify their efforts to keep students safe. Though security and safety issues are critical, searches must still comply with an individual’s civil rights, even if that individual is a minor....

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