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27 04, 2016

Aggravated DUI versus DUI Charges

By |April 27th, 2016|DUI Defense, Felony Criminal Defense|0 Comments

Driving under the influence, or DUI, occurs when an individual, after consuming alcohol or illegal substances, is rendered incapable of driving but still chooses to get behind the wheel. In simple terms, an Aggravated DUI is considered a more severe crime than a DUI. An Aggravated DUI is a felony offense, while a DUI is a misdemeanor offense. A DUI charge requires that an individual’s blood or breath alcohol concentration be above the legal limit (0.08), that an individual be under the influence of alcohol, drugs, or other substances, or that an individual’s ability to drive is considered dangerous since they are under the influence. On the other hand, an Aggravated DUI is a DUI plus specific conditions or circumstances. The following is the complete list of circumstances that satisfies the conditions or circumstances for an Aggravated DUI: An individual has been convicted of three (3) DUI charges An individual driving a school bus with one or more passengers on board while driving under the influence An individual’s DUI involved a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries An individual, while [...]

25 04, 2016

DUI Field Tests – How to Win a DUI

By |April 25th, 2016|DUI Defense|0 Comments

DUI field tests are incredibly important in fighting a DUI charge you may be facing. After representing thousands of people charged with DUI over the past 19 years, I have learned that it is important to concentrate on the performance of the field sobriety tests - or concentrate on the reason for the poor performance of these tests. What does that mean? I always ask my clients how they think they performed on the field tests when I meet with them in my office. Many think just because the officer failed them on the tests that they in fact did fail the field tests. I push harder and ask them how they think they did on the test - not what the officer indicated. The vast majority of them think that they performed pretty well on the tests. Many of the people who think they did poorly on these tests gave a reason such as a bad knee or back that impacted their performance. When I meet a client who indicates an injury affected their performance on the field tests, I always look to the video of the arrest to see if the police officer was told of the injury. [...]

14 04, 2016

Domestic Violence Charges

By |April 14th, 2016|Criminal Defense|0 Comments

A domestic violence charge is a very serious matter.  Many men who are charged with a domestic violence charge in Cook and DuPage counties face serious consequences to their jobs and livelihood when these charges come down.  There is an immediate 72 hour no contact order as part of almost every bond in a domestic violence case.  Many courts add conditions to the 72 hour window and order any person charged with a domestic battery to stay away from the victim until the court orders otherwise.  This effectively can prevent an individual from moving home and resuming normal life until the court allows it. If you have been charged with a domestic battery case and need a criminal defense lawyer to help you, we have been representing people charged with criminal offenses in Illinois for well over 30 years of combined experience.  You need an experienced and aggressive defense to fight back against the prosecution and give yourself a fighting chance to beat your case. Remember, if you plead guilty to a domestic violence charge, the only thing that the judge can do is to convict you of the crime.  The best way to prevent a conviction from being entered [...]

12 04, 2016

The Police called me – what should I do?

By |April 12th, 2016|Criminal Defense, Felony Criminal Defense|0 Comments

As a criminal defense lawyer for the past 20 years I have represented thousands of people from DUI cases all the way up to sex offenses and murder charges.  What should you do if the police call you and want you to come in and answer some questions for them?  While it depends on what you are being investigated for, the general rule if you are being investigated for a crime is to put a buffer between yourself and the police so that they can't use your words against you in court should charges come down on you. One problem is that many people go in to meet with the police thinking that they will not make any statements that might incriminate them during the interview.  I have seen problems occur once the client signs off on a Miranda waiver form that they thought they were signing just as a matter of procedure.  Once the waiver is signed, the officers have a long time to extract a "voluntary" statement from you.  Not good. I have also seen cases where a client went to the police before retaining our criminal defense law firm and when asked if he knew a certain [...]

10 04, 2016

Do I need a Lawyer?

By |April 10th, 2016|Criminal Defense|0 Comments

As a criminal defense lawyer for the past 19 years, I have been asked that question thousands of times.  Do I need a lawyer?  It depends.  What are the police contacting you for?  What are you being investigated for?  Have you been charged with a criminal act and is it a misdemeanor or a felony? If you have been charged with a crime such as a DUI or domestic battery or if you were involved in a fist fight at a bar and have been charged with a misdemeanor battery, you will need an experienced criminal defense lawyer.  If you have been charged with a felony from a sex offense charge to heroin possession or other drug crime, you will also need a lawyer yo help you through the process. Many people wonder why they need an attorney if they did not commit the crime.  The answer is that in order to have a successful outcome of your case, you need to thwart the prosecutions case and show that they cannot prove you guilty beyond a reasonable doubt. Would you perform knee surgery on yourself?  NO. So why would you try to defend yourself and put your freedom at risk. [...]

23 03, 2016

Kane County Felony Charges

By |March 23rd, 2016|DUI Defense, Felonies|0 Comments

Kane county Felony charges are all heard on the 3rd floor of the Kane County Judicial Center a few blocks west of Randall Road off of Route 83.  We have represented hundreds of people in Kane County from sex crimes to drug crimes to Kane County DUI charges.  They key to opposing these Felony charges is to make sure that your criminal defense lawyer fights for your rights. This can mean filing a Motion to Quash your arrest or even taking the case to a Kane county jury trial.  We have done it all in Kane county and are familiar with and know how to negotiate with the prosecutors in Kane.  If you are looking for a successful result with your criminal charges in Kane county you should contact our law office today to speak about it with no consultation fee. If negotiations fail, you need to have a skilled criminal defense lawyer who has the experience and ability to take your case to trial.  Fighting for our clients is our number one priority so if you or a loved one has been arrested in Kane county or is being investigated for a crime in Kane county, feel free to [...]

18 03, 2016

Aggravated Criminal Sexual Abuse

By |March 18th, 2016|Felony Criminal Defense, Sex Crime Defense|0 Comments

As a criminal defense lawyer in Illinois who represents people charged with all types of crimes including sexual related charges, I have come across numerous cases where a young woman has had sexual relations with a boyfriend who is significantly older than the young victim.  In this case, the charge is typically Aggravated Criminal Sexual Abuse. The Illinois statute for Aggravted Criminal Sexual Abuse can be found at 720 ILCS 5/11-1.60 and it was formerly coded as 720 ILCS 5/12-16.  The statute reads as follows pertaining to a relationship where the accused is more than five years older than the child victim... Sec. 11-1.60. Aggravated criminal sexual abuse. A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim. This means that any relationship between a minor between age 13 through age 16 when the older person is more than five years older than the minor is forbidden.  It does not matter if the minor consents or if the parents are aware of [...]

15 03, 2016

DUI Perfect Storm Weekend

By |March 15th, 2016|Drunk Driving, DUI Defense|0 Comments

As a DUI lawyer I have represented hundreds of people charged with driving under the influence of alcohol in my career of 18 years. This weekend, we may have bumped into the perfect storm for driving under the influence of alcohol arrests. Why? First, you have a weekend before the St. Patrick's Day holiday which is typically marked by much celebratory drinking. Combine this with the fact that we "spring forward" due to the daylight savings time rule and you have a significant portion of the population that is both tired and intoxicated. Even without driving under the influence of alcohol arrests, the week after "spring forward" is typically marked by a higher rate of traffic accidents including reckless I'm aside and other fatal car crashes. Because the St. Patrick's Day holiday falls on a Thursday, the entire weekend before that was loaded with holiday gatherings and festivities. If you have been arrested for a driving under the influence of alcohol charge in Schaumburg, Arlington Heights, Barrington, or any northwest suburb location from the city of Chicago, you should contact the DUI lawyer John W Callahan who can help you with your DUI arrest. We have represented thousands of clients [...]