Traffic stops are one of the most common ways that police come into contact with the general public. According to data from the Stanford Open Policing Project, there were more than 12.7 million traffic stops conducted by state police in Illinois between 2011 and 2017. There are dozens of reasons why a police officer would want to pull you over. Maybe your tail light is out or you forgot to signal a lane change. Maybe the officer noticed that you were on your cell phone while you were driving. Maybe the officer suspects you are driving under the influence because your driving was erratic. Whatever the reason, there are certain rights that you have when you are pulled over by police.

Police Must Have Reasonable Suspicion

If an officer pulls you over, they must have a reason for doing so. It is not lawful for an officer to perform a traffic stop for no reason. It is a violation of your Constitutional rights if they perform a stop without having reasonable suspicion that you were committing a crime.

You do not Have to Offer Up Information

When you are pulled over, the police officer will almost always ask for your driver’s license, vehicle registration and proof of insurance. This is information that you are legally required to give to the officer if he or she asks for it. During the stop, the police may also ask you other questions, such as where you are going to or coming from or if you have had anything to drink that night. These are questions that you do not – and should not – answer. Offering up any sort of information could be used against you later.

You do not Have to Allow Police to Search Your Vehicle Without a Warrant

If a police officer asks you if they can search your vehicle, you have the right to refuse this search. Normally, an officer must have a warrant to search your vehicle, though there are exceptions to that rule. For example, the officer can search your vehicle if he or she can see something illegal in “plain view.”

A Will County Criminal Defense Attorney Can Help You Protect Your Rights

For most people, being pulled over by the police is a scary situation. It is important that you know your rights and the extent of the law if you are pulled over by police. If you have been arrested by police, you should immediately contact a Joliet, IL, criminal defense lawyer for assistance. At the Fotopoulos Law Office, we can help you make sure your rights are being protected throughout your case. Call our office today at 708-942-8400 to schedule a free consultation.

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About the Data

Pulled Over? Here’s the Right Way to Handle a Traffic Stop

Know Your Rights Back to Know Your Rights

Most of us know that it is wrong to take something from someone without asking. Not only is it not nice, but it is also illegal. You have heard the terms “theft,” “robbery,” and “burglary” before, but many people use them interchangeably. In reality, these words are three different things in the legal world. They each have their own definitions and their own punishments if you are convicted of them. While these three crimes all do involve the unlawful taking of property, the differences lie in the circumstances around how the property was taken.

Theft

General theft is a crime that occurs when a person obtains control over property without the authorization of that property’s owner. Theft crimes vary in seriousness depending on the value of the property taken and where it was taken from. For example, property that was taken that is valued at less than $500 is charged as a Class A misdemeanor. If that property was taken from a place of worship or belonged to the government, the crime is elevated to a Class 4 felony. Depending on the circumstances of the crime, theft can carry penalties of up to 30 years in prison and up to $25,000 in fines.

Robbery

Robbery is similar to theft but involves the taking of property from a person using force or the threat of force. Robbery can be charged as up to a Class 1 felony, which carries as long as 15 years in prison and as much as $25,000 in fines. Armed robbery occurs when a person commits robbery and uses or is armed with a dangerous weapon or firearm. Armed robbery is charged as a Class X felony, meaning the person faces up to 30 years in prison and up to $25,000 in fines.

Burglary

Burglary is another type of theft crime but occurs when a person enters and remains inside of a building, watercraft, aircraft, home or motor vehicle with the intent of committing a theft or a felony crime. The exact classification of a burglary crime depends on whether or not the offender damaged the structure and whether or not the crime was committed in a school, daycare or place of worship. Those convicted of burglary face up to a Class 1 felony.

A Cook County Theft Crimes Defense Attorney Can Help You With Your Case

If you have been charged with any kind of theft, robbery or burglary crime, you need to get in touch with a Tinley Park, IL, theft crime defense lawyer as soon as possible. Depending on your criminal charge, you could be looking at a lengthy prison sentence, fines or both. At the Fotopoulos Law Office, we understand how much of an impact any crime can have on your life. To schedule a free consultation, call us today at 708-942-8400.

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Illinois Compiled Statutes

Illinois Compiled Statutes 2

Illinois Compiled Statutes 3

Illinois Compiled Statutes 4

It is not uncommon for teenagers to get in trouble with the law. When they do, the offenses they are known for committing are usually minor, yet serious offenses like theft, vandalism and traffic violations. One of the most common reasons teenagers get in trouble with the law is because of alcohol-related offenses. In all 50 states and the District of Columbia, you are required to be at least 21 years old to legally possess, purchase and/or consume alcohol. If you are caught drinking while under the age of 21, or if you are caught providing alcohol to someone under the age of 21, you could be facing serious fines and other consequences that could follow you for the rest of your life.

Possession or Consumption of Alcohol by a Person Under the age of 21

In Illinois, consequences of underage drinking vary, but the person will likely be charged with a Class A misdemeanor. This means the person could face up to one year in jail and up to $2,500 in fines. Additionally, that person’s driving privileges will be affected. If they receive court supervision, their license will be suspended for three months. If they are convicted, their license will be suspended for six months.

Providing Alcohol to a Person Under the age of 21

It is also illegal for a person who is able to purchase alcohol to provide alcohol to a person who is under the age of 21. Doing so can result in a Class A misdemeanor charge, which carries possible consequences of up to one year in jail and up to $2,500 in fines. This also includes providing alcohol to minors at a private residence under Illinois’ social host law. A minimum $500 fine will be imposed for a misdemeanor violation, with possible fines of up to $2,500. If death or serious bodily injury occurs, felony charges will be imposed, which can lead to up to three years in jail and up to $25,000 in fines.

A Will County Juvenile Crimes Defense Attorney can Help

Teenagers do not always make the best decisions. Drinking is often a rite of passage for many teens, but they do not always think of the consequences of their actions, which can be quite severe depending on the offense. If your child has gotten into trouble due to an alcohol-related charge or you have been accused of providing alcohol to a minor, you need immediate help from a knowledgeable Joliet, IL, juvenile crimes defense lawyer. At the Fotopoulos Law Office, we can fight to protect your child from the life-long consequences of a criminal conviction. Call our office today at 708-942-8400 to schedule a free consultation.

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Underage Drinking Penalties and Alcohol Possession Laws…

Illinois Compiled Statutes

When an Illinois police officer suspects you of DUI, you may be asked to take one or more field sobriety tests. By law you do not have to agree to such tests. Moreover, if you take a test and “fail,” based on the officer’s judgment, it may be used against you as evidence in court.

Court Rejects Peoria Officer’s Arrest Based on HGN Test

However, not all field sobriety tests are afforded the same weight by judges. Nor does failure necessarily prove that you were intoxicated above the legal limit in Illinois. Therefore, it is important to challenge any test result that may be inaccurate or improperly administered by the police.

Consider a recent DUI case from Peoria County. The defendant was riding his motorcycle when he crashed. A local police officer responded at the scene and cited the defendant for numerous traffic violations and charged him with DUI.

The basis for the DUI arrest was a common field sobriety test known as a Horizontal Gaze Nystagmus (HGN). You have probably seen this test before: It is when a police officer flashes a penlight in your eyes and asks you to follow the light as it moves. Normally, if you look sideways at an angle greater than 45 degrees, your eyes automatically twitch. But if you have alcohol in your system, a twitch can occur when the light is held at less than a 45-degree angle.

In this case, the police officer administered the HGN test to the defendant at the hospital, where he was receiving medical treatment after the crash. The defendant told the officer he was blind in one eye and possibly sustained a serious head injury in the accident. Nevertheless, the officer performed the HGN test and testified in court that the defendant had failed.

The officer claimed the HGN result proved the defendant had a blood-alcohol level above 0.08 percent, the DUI limit in Illinois. The trial judge said that was wrong as a matter of law and granted the defendant’s motion to suppress evidence and quash the DUI arrest. The prosecution appealed, but the Illinois Third District Appellate Court affirmed the trial judge’s ruling.

Many states will not admit HGN test results as evidence in DUI cases. The Illinois Supreme Court, in a 2010 decision, said HGN results are admissible, but only “for the purpose of proving that a defendant may have consumed alcohol.” It is not evidence of a specific blood-alcohol level. Additionally, in this case, the Third District said the prosecution failed to prove the police officer even “possessed the expertise to properly understand the results of the HGN testing.”

Have You Been Charged With an Illinois DUI?

Police officers are not perfect. They often rely on incomplete training and jump to conclusions that are not supported by the evidence. If you are charged with a DUI, you have every right to cross-examine the police and the methods they used to justify your arrest. An experienced Orland Park criminal defense attorney can help make sure the police and the courts respect your rights. Call the Fotopoulos Law Office if you need help today.

One of the most common defenses people use when they are fighting assault and/or battery charges is claiming that they were acting in self-defense. In some situations, this may be a legitimate defense, but many people do not realize that there are certain elements that must be proven if you want to succeed with a claim of self-defense.

Illinois recognizes that there are certain situations that citizens may be put into that require the use of force against another person. Because of this, there are stipulations in the Criminal Code of 2012 that allow a person to use force against another person, as long as it is legally justifiable. If you plan to use self-defense as your claim against assault and/or battery charges, you need an attorney who has experience with self-defense claims.

Illinois Self Defense Laws

The Illinois Criminal Code of 2012 states that people can legally use force against others if they reasonably believe that the use of force is necessary to protect themselves or someone else against a person’s use of unlawful force. This means that you are permitted to use force against another person as long as it was actually necessary and you had no other way of protecting yourself.

Making a self-defense claim will only work if you can successfully prove three things:

• The use of unlawful force by another person threatened the well-being of yourself or another person;
• It was absolutely necessary for you to use force to protect yourself or another person; and
• There were no other options available for you to protect yourself from the imminent force, other than to use force yourself.

Imminent Danger

One important requirement in a self-defense claim is the idea of imminent danger, which is defined as a threat of harm that is present. If the danger you faced was not an imminent danger, your claim of self-defense may not fly with the judge.

Force vs. Deadly Force

Another important element in a self-defense claim is the differentiation between normal force and deadly force. Illinois defines deadly force as any action that is intended or is likely to cause great bodily harm. Using deadly force is only permitted in situations where you reasonably believe that the use of deadly force is required to prevent imminent death or great bodily harm to yourself or another person. You are also permitted to use deadly force if you reasonably believe it is necessary to stop another person from committing a forcible felony, which includes:

• Robbery;
• Murder;
• Assault or aggravated assault;
• Domestic violence; and
• Sexual assault or aggravated sexual assault.

A Cook County Assault and Battery Defense Attorney can Help

Though you never want it to happen, you may be put in situations that require you to use force to protect yourself. In cases like these, claiming self-defense is the way to argue against charges of assault and/or battery. At the Fotopoulos Law Office, we can help you form a self-defense claim to any type of violent crime charge. Our skilled Orland Park, Illinois, criminal defense lawyers can help you protect your freedom and your right to protect yourself. To schedule a free consultation, do not wait – call our office today at 708-942-8400.

Sources:

Illinois Compiled Statutes