When Can a Juvenile Criminal Case Be Transferred to Adult Court?

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The juvenile justice system operates on a fundamental principle: children are inherently different from adults. This distinction is crucial, as it recognizes that young individuals possess a greater capacity for rehabilitation and behavioral change before reaching maturity. This understanding forms the bedrock of a separate legal framework designed specifically for minors.

The Genesis of the Juvenile Justice System

The concept of a distinct justice system for children first took root in the United States in 1899, with Illinois leading the way. Prior to this, children who committed crimes were largely subjected to the same laws and punishments as adults, often with devastating long-term consequences.

The establishment of the first juvenile court in Illinois marked a significant paradigm shift, acknowledging the unique developmental stage of children and the potential for guiding them towards a more productive path.

Over the past century and a quarter, while the specifics of juvenile justice systems have evolved considerably across various jurisdictions, the core philosophy remains steadfast: the primary aim is to educate, guide, and facilitate behavioral reform in the child, rather than to simply impose punitive measures. This child-centric approach aims to address the root causes of their behavior and equip them with the tools necessary to become law-abiding citizens.

Juvenile vs. Adult Court

Despite the existence of a dedicated court system for individuals under the age of 18, it is not an absolute guarantee that all juvenile offenders will be processed within this framework. There are circumstances under which a juvenile criminal case may be transferred, or “waived,” to adult court. This transfer carries significant implications, as the adult criminal justice system operates on different principles and procedures, often with much harsher penalties and a greater emphasis on punishment rather than rehabilitation. A prosecutor, believing it necessary for a variety of reasons, can initiate a request to have a juvenile tried as an adult. However, this is not an automatic process.

A judge, acting as the gatekeeper, must meticulously evaluate a series of crucial factors before making such a weighty decision. This judicial discretion is designed to ensure that the transfer serves the best interests of justice and the community, while also considering the unique circumstances of the young offender.

Age and Background of the Child

One of the most critical factors a judge will consider when determining whether to transfer a criminal case to adult court is the child’s age. In Illinois, for example, the vast majority of cases involving juveniles aged 17 or younger will typically remain within the jurisdiction of the juvenile court.

This age threshold reflects the general understanding that individuals within this age range are still developing cognitively, emotionally, and socially, and thus are more amenable to the rehabilitative focus of the juvenile system. However, there are notable exceptions to this general rule.

Certain grave offenses, such as murder, may automatically trigger a transfer to adult court, regardless of the juvenile’s age. This highlights the legal system’s recognition of the severity of such crimes and the perceived need for more stringent consequences.

Beyond mere chronological age, a judge will delve into the child’s comprehensive background. This includes a thorough examination of any prior criminal arrests or delinquencies, which could indicate a pattern of problematic behavior.

Furthermore, the judge will consider any history of neglect or abuse that the child may have endured. Such experiences can profoundly impact a child’s development and behavior and understanding them can provide crucial context for the offense. The child’s mental health history is also a significant consideration.

Psychiatric evaluations and assessments of any underlying mental health conditions can shed light on the child’s culpability and their capacity for understanding the consequences of their actions.

Lastly, the child’s educational history, including their academic performance, attendance records, and any behavioral issues in school, contributes to a holistic understanding of their development and social integration. All these elements collectively paint a picture of the child’s life circumstances, helping the judge make an informed decision that balances accountability with the potential for rehabilitation.

Circumstances of the Offense

The nature and context of the alleged crime itself are paramount in the judge’s deliberation. The judge will meticulously examine the circumstances surrounding the offense to gauge its seriousness and the level of culpability. Key considerations include the gravity of the offense: Was it a minor infraction or a violent felony? The more severe the crime, the more likely a transfer to adult court might be considered.

Furthermore, the judge will assess whether the crime was committed in an aggressive and/or premeditated manner.

Evidence of planning or deliberate intent to harm can weigh heavily in favor of a transfer, as it suggests a higher degree of criminal sophistication and a lack of impulsive behavior. The presence of a deadly weapon during the commission of the crime is another critical factor.

The use or possession of a weapon significantly escalates the potential for harm and often indicates a more serious threat to public safety, making a transfer to adult court more probable. The judge will also consider whether the offense involved a group of individuals or if the child acted alone, as group dynamics can influence the severity and nature of the crime. The impact of the crime on the victim and the community at large also plays a role in the judge’s assessment of the circumstances.

Advantages of the Juvenile Justice System

A fundamental aspect of the judge’s decision-making process involves a critical evaluation of the advantages offered by the juvenile justice system for the specific minor in question. The core philosophy of the juvenile system is rooted in the belief that children, given the right guidance and interventions, can be steered away from a life of crime and become productive, law-abiding members of society.

The judge will consider what the juvenile justice system can realistically offer to the minor. This includes access to specialized rehabilitation programs, counseling, educational support, and community-based interventions that are specifically tailored to the developmental needs of young people.

These programs are often designed to address underlying issues such as substance abuse, behavioral problems, or educational deficiencies that may have contributed to the child’s delinquent behavior. The judge will weigh whether these resources within the juvenile system are sufficient and appropriate to effectively address the minor’s needs and facilitate their rehabilitation.

The ultimate determination hinges on whether keeping the child within the juvenile court system would provide a distinct and tangible advantage in fostering their reform and ensuring their successful reintegration into society, as opposed to the more punitive and less rehabilitative environment of the adult court.

If the judge believes that the juvenile system’s focus on rehabilitation is more likely to achieve a positive long-term outcome for the child and the community, they are more inclined to retain the case in juvenile court.

Seeking Legal Counsel: A Cook County Juvenile Criminal Defense Attorney Can Help

When a child encounters legal trouble, especially when facing the possibility of a transfer to adult court, securing legal representation becomes paramount. The complexities of juvenile law and the significant differences between the juvenile and adult justice systems necessitate the guidance of an experienced attorney who specializes in defending minors.

If your child has found themselves embroiled in a criminal matter, it is crucial to take immediate steps to safeguard their future. Before any court appearances, you need to engage an Orland Park juvenile crime defense lawyer to advocate on your child’s behalf. An attorney will possess an in-depth understanding of juvenile law, including the criteria for transfer to adult court, and will be able to strategically argue against such a waiver.

At the Fotopoulos Law Office, the commitment is to vigorously fight to ensure your child is tried in juvenile court, exhausting all available legal avenues to achieve this outcome.

The aim is to leverage the rehabilitative advantages of the juvenile system and protect your child from the potentially severe consequences of an adult conviction.

For a free consultation and to discuss your child’s case, contact us by calling 708-942-8400.

How the “Presumption of Innocence” Helps You in a Criminal Trial

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The most basic principle of the criminal justice system in Illinois is the presumption of innocence. Whether you are charged with a DUI, sexual assault, or murder, state law provides that “[e]very person is presumed innocent until proved guilty.” In any criminal trial, the burden is therefore on the prosecution to establish the defendant’s guilt beyond a “reasonable doubt.”

Can You Be Punished for “Taking the Fifth”?

It is important to understand how the burden of proof works in a criminal trial. If you are accused of a crime, you are not obligated to present any evidence in your defense. Of course, it may benefit you to do so, depending on the circumstances of the case. But at no point can a judge or jury demand that you “prove” you did not commit a crime. Aside from the fact it is difficult to prove a negative, it violates the plain language of Illinois law, which presumes the defendant’s innocence.

Among other things, the presumption of innocence means that a judge or jury cannot infer your guilt based on your refusal to testify at trial. You are no doubt familiar with the phrase “Taking the Fifth,” a reference to the Fifth Amendment to the U.S. Constitution. This amendment states, in part, that no person “shall be compelled in any criminal case to be a witness against himself.” In other words, you do not have to say anything at your own trial.

Bad Jury Instruction Leads to New Trial

Illinois trial court judges have a legal responsibility to make sure that all jurors understand and apply the presumption of innocence. State court rules explicitly state that a judge must ask potential jurors if they “understand and accept” the presumption of innocence and agree not to hold a defendant’s refusal to testify against him or her.

If a judge does not give such an instruction, it may be grounds for reversing a conviction. The Illinois Supreme Court did just that in a recent case. A jury in La Salle County convicted the defendant of “resisting a peace officer,” a felony for which he received a two-year prison sentence. Specifically, prosecutors alleged the defendant poked a sheriff’s deputy in the shoulder during a confrontation at the defendant’s house. The deputy was attempting to serve a court order, and he testified that the defendant was “uncooperative and upset.” The trial ultimately came down to the testimony of the sheriff’s deputy and his partners against that of the defendant and his family.

While screening prospective jurors, the trial judge asked them if they “had any problems” with or “believed” in the presumption of innocence. The Illinois Supreme Court said that was a mistake. The judge was supposed to ask if the jurors if they “understand and accept” the presumption of innocence, not whether they agreed with it.

By itself, the trial judge’s mistake would not warrant reversing the defendant’s conviction. But it did here because, as the Supreme Court explained, the “evidence was so closely balanced” that the error “severely threatened to tip the scales of justice.” To be clear, the Supreme Court did not find the jury was biased, i.e. that it ignored the presumption of innocence. But, given the judge’s mistake and the fact the case came down to which side the jury believed, the Court said it chose to “err on the side of fairness” and grant the defendant a new trial.

Get Help From an Illinois Criminal Defense Attorney

The presumption of innocence is not a legal technicality. It is an essential means of ensuring your right to due process under law. A qualified Orland Park criminal defense lawyer will make sure the courts respect your basic constitutional rights. Contact the Fotopoulos Law Office, today if you have been charged with a crime and need immediate legal assistance.

Sources:

Illinois Compiled Statutes

Rule 431. Voir Dire Examination

Can a Nursing Home be Held Responsible for a Slip and Fall Accident?

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There are a number of reasons that a slip and fall accident could occur in a nursing home, and many of them are preventable. Surfaces that are damaged or uneven, floors that are wet or slippery or even just the age and physical ability of the nursing home resident can cause a person to lose their footing and fall. Many of the causes of slip and fall accidents are the result of a careless nursing home attendant, which means the nursing home could be held responsible for injuries caused by these accidents. Injuries can range in severity from bruising to broken bones, brain injuries or even death in some cases. If you or a loved one has been a victim of a slip and fall nursing home accident, an Illinois nursing home negligence lawyer can help you determine if the responsible party acted in a negligent manner.

Property Owners Have a Duty to Occupants

The Illinois Premises Liability Act states that a property owner must make sure that their property is reasonably safe for occupants and visitors, known as the “duty of reasonable care.” According to the duty of reasonable care principle, all property owners are responsible for keeping their property safe and free of dangerous items or situations that a “reasonable person” would know to be dangerous.

When it comes to a nursing home, the situation can get a little more complex. Most nursing homes exist because residents need a little more help in their daily lives performing basic activities and getting from place to place. Nursing homes are required to meet certain state and federal standards to keep their residents safe. If you can prove that any of those standards were not met, you may have a case.

What is Negligence?

There are many definitions of negligence, though there is a specific definition that pertains to legal matters. In the Illinois Civil Pattern Jury Instructions, negligence can occur when a person fails to do something that a “reasonably careful” person would do in similar circumstances or when a person does something that a “reasonably careful” person would not do in similar circumstances.

Proving Negligence in a Slip and Fall Case

Most personal injury cases involve the idea of negligence. In Illinois, contributory negligence is used, meaning the plaintiff (you) is not always 100 percent innocent when it comes to responsibility for the accident. As long as your portion of responsibility for the accident is less than 50 percent, you can still receive damages from the defendant (the nursing home.)

In personal injury cases, the plaintiff has the burden of proof, meaning you have to prove that the property owner acted negligently. To prove the negligence of the property owner, you have to prove the following:

  • There was a dangerous situation present on the property that the nursing home staff should have known about, or the nursing home violated a state or federal standard;
  • The danger that was present or standard that was violated on the property is the reason why you slipped or fell;
  • You suffered some sort of injury because of that slip or fall; and
  • The injury caused you to sustain damages, such as medical bills or pain and suffering.

Are Nursing Homes in Illinois Liable for Falls?

Falls are a major concern in nursing homes, often leading to serious injuries like fractures, head trauma, and even death for elderly residents. Many families wonder if the nursing home is responsible when a fall occurs. In Illinois, nursing homes can indeed be held liable for falls, especially when negligence or a failure to provide adequate care contributes to the incident.

Nursing Home’s Duty of Care

Nursing homes in Illinois have a legal responsibility, known as a “duty of care,” to protect their residents from foreseeable harm. This means they must provide a safe environment and a certain standard of care. This duty is outlined in various laws, including the Illinois Nursing Home Care Act. This Act sets standards for resident rights, care quality, staffing levels, and overall facility operations.

When a nursing home accepts a resident, they commit to meeting their needs. This includes assessing their individual risks, such as the risk of falling, and implementing measures to prevent falls.

What is Negligence?

Negligence in a nursing home context means that the facility or its staff failed to act reasonably, and this failure led to a resident’s injury. For a nursing home to be liable for a fall, it generally needs to be shown that:

  1. Duty of Care: The nursing home had a duty to protect the resident (which they always do).
  2. Breach of Duty: The nursing home failed to meet this duty. This could involve not assessing fall risks, not following a care plan, or not keeping the facility safe.
  3. Causation: The nursing home’s breach of duty directly caused the resident’s fall and injuries.
  4. Damages: The resident suffered actual harm (e.g., medical bills, pain and suffering).

Common Causes of Preventable Falls

Many falls in nursing homes are preventable and often point to a lapse in the facility’s duty of care. Common factors that can lead to preventable falls include:

  • Inadequate Staffing: Not having enough staff to properly supervise residents, respond to call lights, or assist with mobility can lead to residents attempting to move on their own when they shouldn’t.
  • Poor Supervision: Residents who are known fall risks may not receive the constant monitoring or timely assistance they require.
  • Environmental Hazards: Unsafe conditions within the facility, such as wet floors, cluttered hallways, poor lighting, loose carpeting, or inadequate bed rails and grab bars, can cause residents to trip or slip.
  • Medication Issues: Certain medications can cause dizziness, weakness, or confusion, increasing fall risk. Errors in medication management, such as incorrect dosages or failing to monitor side effects, can contribute to falls.
  • Failure to Follow Care Plans: Each resident should have a personalized care plan that outlines their needs and precautions, including fall prevention strategies. If staff fail to follow this plan, it can lead to falls.
  • Improper Use of Assistive Devices: Not providing necessary walkers or wheelchairs, or not assisting residents properly when using them, can result in falls.

The “Right to Fall” Misconception

Some nursing homes might argue a resident has a “right to fall,” implying they cannot be held responsible if a resident falls while trying to maintain independence. However, this is a misleading interpretation.

While residents do have rights to autonomy and freedom from unnecessary restraints under the Illinois Nursing Home Care Act, this does not absolve the nursing home of its duty to provide a safe environment and appropriate supervision. The “right to fall” does not mean a nursing home can ignore a resident’s assessed fall risk or fail to implement reasonable precautions.

Steps After a Fall in an Illinois Nursing Home

If a loved one falls in an Illinois nursing home, here are important steps to consider:

  1. Seek Medical Attention: Ensure your loved one receives immediate and proper medical care for any injuries.
  2. Document the Incident: Request a copy of the fall incident report from the nursing home. Take photos of any injuries and the area where the fall occurred if possible. Note the time, date, and any witnesses.
  3. Report to Management: Speak with the nursing home administration about your concerns and the circumstances of the fall.
  4. File a Complaint with IDPH: If you suspect neglect or a violation of care standards, file a complaint with the Illinois Department of Public Health (IDPH). They can investigate the facility.
  5. Consult a Nursing Home Attorney: A nursing home attorney can help investigate the fall, gather evidence, determine if negligence occurred, and pursue a claim for damages to cover medical expenses, pain and suffering, and other losses.

Holding nursing homes accountable for preventable falls is crucial not only for the injured resident but also for ensuring safer conditions for all residents in these facilities.

Have a Cook County Nursing Home Negligence Lawyer Examine Your Case

If you believe that you have suffered a slip and fall injury because of the negligence of another person, you should get in touch with an Orland Park, IL, nursing home negligence attorney right away. Injuries sustained from slip and fall accidents can become serious and can result in expensive medical bills. At the Fotopoulos Law Office, we will make sure you understand all of your rights and determine which option would be best for seeking compensation. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Compiled Statutes

General Cautionary Instructions

Pursuing Compensation for a Brain Injury After an Illinois Car Accident

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Our brain is one of our most vital organs – it controls nearly everything our body does and how it operates. Though it is vital, it is also one of the most fragile organs. Even a small jolt or bump could cause damage to your brain. One of the most notorious causes of traumatic brain injuries (TBI) is car accidents. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are responsible for 20 percent of all TBI-related hospitalizations. If you or a loved one has suffered a TBI as a result of the negligence of another driver, you should speak with a personal injury lawyer about your options for compensation.

Symptoms of a TBI

A traumatic brain injury is usually the result of a violent blow or harsh force to the head or body. TBIs are usually put into different categories based on severity. The most common type of TBI that occurs from traffic accidents is called a concussion. Concussions occur when a person’s brain hits the sides of their skull and are usually mild to moderate in nature. Symptoms that could appear from a mild to moderate TBI include:

  • Being dazed, confused or disoriented
  • Headache
  • Nausea and/or vomiting
  • Fatigue
  • Problems with sleeping, balance and/or speech

Possible Complications of a TBI

In some cases, complications could arise from a TBI or a TBI could be severe. In most moderate to severe TBIs, more serious symptoms appear a few days after the initial symptoms of a mild TBI. Symptoms of a severe TBI could include:

  • Loss of consciousness for more than a few minutes
  • Persistent headache
  • Convulsions or seizures
  • Clear fluid drainage from the nose and/or ears
  • Loss of coordination
  • Confusion, agitation, combativeness or other abnormal behavior

Recovering Compensation

Brain injuries are some of the most serious injuries that could occur from a car accident. In some cases, a brain injury could cause you to take time off of work, missing out on much-needed wages. You could also be responsible for thousands of dollars of medical costs for doctor’s visits, surgeries, medication or even continuing care for a long-term injury. If your car accident was caused by a negligent driver, you may be able to recover compensation for these things.

Consult With an Orland Park, IL, Car Accident Injury Attorney Today

There are many different types of injuries that you could experience if you are in a car accident. One of the more common injuries that could occur is a TBI such as a concussion. In some cases, a TBI could become serious and could affect you for the rest of your life. At theFotopoulos Law Office, we can help you fight for compensation for your injuries caused by a negligent driver. To schedule a free consultation, call our skilled Cook County car accident injury lawyers today at 708-942-8400.

Sources:

TBI: Get the Facts

Traumatic Brain Injury

What You Should Know About Illinois’ New Recreational Marijuana Laws

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The United States has had a long and complicated history with marijuana. Though cannabis was widely used in different medicines throughout the 1800s, recreational use was not introduced to the U.S. until the early 1900s by Mexican immigrants, and the substance was soon strictly regulated and effectively illegal by 1937. Cannabis officially became a controlled substance in 1970 when an Act was signed into law that made marijuana a Schedule 1 drug.

After decades of criminalization, the uses for marijuana have finally begun to be re-examined and many states have legalized both the medicinal and recreational use of marijuana. Illinois was the 11th state to legalize the recreational use of marijuana in June, with the laws going into effect by January 1, 2020. It is important to understand these laws because you could face unwanted consequences and even criminal charges for any violations.

Buying and Possessing Marijuana

Illinois residents who are at least 21-years-old may purchase marijuana and marijuana-infused products starting in January. At the beginning of 2020, the only places that can sell recreational marijuana legally will be medical marijuana dispensaries. Near the middle of 2020, more licenses will be issued to new stores and cultivators.

Illinois residents will be allowed to possess:

  • As much as 30 grams (or around an ounce) of cannabis flower;
  • As much as 5 grams of cannabis concentrate; and
  • As much as 500 milligrams of THC in cannabis-infused products, such as lotions or edibles.

Illinois visitors will be permitted to have half of those amounts.

Using Marijuana

The new law states that using marijuana will be legal in your own home and at some cannabis-related businesses, such as dispensaries. Using marijuana is still illegal in most places, including in schools, parks, streets, motor vehicles and near anyone who is younger than 21.

Past Marijuana-Related Offenses

People who have prior convictions for possession of fewer than 30 grams of marijuana will automatically have their criminal records pertaining to that conviction pardoned and expunged. In order for a case to be eligible for expungement, your marijuana possession crime must not be associated with a violent crime. If you were convicted of possessing more than 30 grams, you can still petition to have your record expunged, but it will be determined on a case-by-case basis.

Get in Touch With a Cook County Marijuana Defense Attorney Today

For decades, using and even possessing marijuana was considered to be a criminal offense that could follow you for the rest of your life. Now, recreational marijuana will be legal in Illinois, and you may also be able to do something about any past marijuana-related charges that you have on your record. At the Fotopoulos Law Office, we can answer any questions you may have concerning the new recreational marijuana laws or past marijuana-related charges. Call our knowledgeable Tinley Park, IL, marijuana defense lawyers today at 708-942-8400 to schedule a free consultation.

Sources:

Here’s When Marijuana will be Legal in Illinois, and Answers to Other Burning Questions About Recreational Weed

Marijuana

Speeding in Illinois can Become More Than Just a Ticket

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Though speeding may seem like a victimless crime, nothing could be further from the truth. According to the National Highway Traffic Safety Administration, there were almost 10,000 people who were killed because of speed-related traffic accidents in 2017. Millions of people each year receive citations for speeding, but there are certain instances in which speeding can become more than just a ticket and a fine that you must pay. In the state of Illinois, aggravated speeding is a crime that can result in misdemeanor charges against you.

What is Aggravated Speeding?

According to Illinois law, aggravated speeding is considered to be any speeding that is 26 miles per hour or more over the posted speed limit. If you are speeding 25 mph or less over the speed limit, you will only receive a ticket and you will not face criminal charges, such as these.

  • Class B misdemeanor aggravated speeding: You will be charged with a Class B misdemeanor if you are caught going 26 mph or more over the speed limit, but less than 35 mph over the limit. You could face up to six months in prison, up to two years of probation and/or between $75 and $1,500 in fines.
  • Class A misdemeanor aggravated speeding: If you are caught speeding 35 mph or more over the speed limit, you will be charged with a Class A misdemeanor. You could face up to one year in prison, up to two years of probation and/or between $75 and $2,500 in fines.

Jail Time for a Speeding Conviction?

It is within the applicable sentencing guidelines for a judge to sentence you to prison for an aggravated speeding conviction. However, this is rather uncommon. Illinois judges tend to sentence those convicted of aggravated speeding to a period of court supervision, especially if this is the first time a person has ever faced aggravated speeding charges. Court supervision is a rather lenient sentence that allows the charges to be dropped if you do not commit any other traffic violations during the supervisory period. This allows the person to avoid a conviction from appearing on their criminal and driving records.

A Cook County Aggravated Speeding Lawyer Can Answer Your Questions

Being charged with aggravated speeding is a serious matter. A conviction is a misdemeanor crime, and you will then have a criminal record. If you are facing charges for aggravated speeding, you need help from a knowledgeable Tinley Park, IL, aggravated speeding attorney right away. At the Fotopoulos Law Office, we strive to always get you the best outcome possible. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Compiled Statutes

Speeding

Exploring Illinois DUI and Statutory Summary Suspensions

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Being convicted of driving under the influence means you might have to face some rather daunting penalties. Even a run-of-the-mill DUI conviction in Illinois can carry lengthy jail time, hefty fines and a loss of driving privileges. These are all criminal penalties, but unbeknownst to some people, you can also face civil penalties for violations of Illinois’ DUI laws that can affect your day-to-day life in many ways. One of these civil penalties of DUI is a statutory summary suspension, which can cause you to temporarily lose your driving privileges.

What is a Statutory Summary Suspension?

Like all states, Illinois has an implied consent law, which states that all those who are driving on Illinois roads or hold an Illinois driver’s license have given their implicit consent that police may perform a chemical test on their blood, breath or urine if police have reason to suspect that the person was driving while under the influence of alcohol or other drugs. The statutory summary suspension policy allows the Illinois Secretary of State’s Office to suspend the driver’s license of any person who fails a chemical test, refuses to take a chemical test or does not finish a chemical test.

Consequences for Failed or Refused Chemical Tests

Failing a chemical test means that you were found to have a blood-alcohol concentration (BAC) of .08 or more, a THC concentration of 5 nanograms or more per milliliter of whole blood or a trace of any other type of drug, legal or illegal. Failing a chemical test a first time will result in a six-month driving suspension. Failing a chemical test a second or subsequent time within five years of the first means you will face a one-year driving suspension.

If you refused to take a chemical test, the consequences are even steeper. The first time you refuse to submit to a chemical test, you will face a year-long driving suspension. If you refuse to take a chemical test a second or subsequent time within five years, you will face a three-year driving suspension.

Contact a Cook County DUI Defense Lawyer Today

Punishments for any DUI-related charge are serious – even a civil penalty like the statutory summary suspension. If you are facing a statutory summary suspension as part of a DUI case, you need a seasoned Orland Park DUI defense attorney to provide the best defense possible. At the Fotopoulos Law Office, we can help you with your DUI case every step of the way. It all starts with a phone call – call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Cyber Drive Illinois

Do Illinois Police Know the Difference Between a Diabetic and a Drug User?

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DUI does not just refer to drunk driving. It is against Illinois law to operate a motor vehicle under the influence of any drug, legal or illegal. However, police must have reasonable grounds to believe that you are actually under the influence of drugs.

Officer Lacked “Probable Cause” Based on Questionable Drug Test

This can be a problem when an officer lacks appropriate training and simply jumps to the conclusion that a driver was using drugs without adequate proof. Given that a drug arrest can not only lead to a criminal charge, but also carries a “civil penalty” in the form of an automatic driver’s license suspension, such mistakes can be devastating to innocent individuals.

Consider a recent Illinois case. In September 2015, a police officer for a small village outside of Joliet received a call reporting “an unconscious person in a vehicle who was possibly having a seizure.” Upon arriving at the scene, the officer found the person – the defendant in this case – under the care of paramedics.

The officer, who had no formal drug training of any kind, saw a discarded energy drink can inside the defendant’s car. The officer said the can “had been either cut or tore in half” and there were burn marks in the interior. The officer said there was also some brown “residue” on the bottom of the can. He tested the residue using a roadside testing kit designed to detect cocaine.

This was the first time the officer ever performed such a test. The residue turned the test device blue, which he was told “indicated the presence of opiates.” Cocaine, however, is not an opiate.

The officer never conducted any field sobriety tests on the defendant himself. Instead, the officer spoke with paramedics about the defendant’s condition. While the paramedics said there was no evidence of intoxication, they did note he had a “fresh track mark” on his arm, indicating the recent use of a needle. The officer later placed the defendant under arrest at the hospital.

The arrest led to an automatic suspension of the defendant’s driver’s license. He challenged the suspension, arguing the officer lacked “probable cause” for the arrest. The defendant said he was a diabetic, and the track marks were the result of his insulin injections.

The courts agreed with the defendant. The Illinois Third District Appellate Court, upholding a trial judge’s earlier ruling, said there was no evidence the defendant was actually “under the influence” of drugs at the time of his arrest. The court noted the officer’s admission that “he had no training in DUI of drugs,” and the defendant’s uncontested statement that he is a diabetic. Indeed, the court noted the officer “would not have known the difference between a diabetic reaction and a reaction to drugs.”

Fighting an Illinois DUI Charge

It is important to note that suspension of a driver’s license and criminal DUI are separate proceedings under Illinois law. You can be found guilty of one but not the other. This is one reason why you should work with an experienced Orland Park DUI defense attorney. Contact the Fotopoulos Law Office, P.C, today if you have been charged with a DUI and need help right away.

What are My Options for Driving After an Illinois DUI Arrest?

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If you are convicted of driving under the influence in Illinois, you will lose your driving privileges. In fact, you can lose your driving privileges before you are convicted if you fail a chemical sobriety test by having a blood-alcohol content (BAC) greater than 0.08 or if you refuse to take the test during your arrest. This is called the statutory summary suspension and is an administrative driver’s license revocation that is separate from your criminal case. The amount of time that your license is suspended for depends on the nature of your arrest. For example, if you refuse to take a chemical test, your license will be suspended for longer than if you had simply just failed the test.

The Illinois Secretary of State is the governing body that is responsible for the administrative driver’s license revocations. The Secretary of State understands that not being able to drive can create hardship for some people, which is why they have provided a way to allow those with suspended licenses to still be able to drive. If your license is suspended because of a DUI charge, you have two options: a monitoring device driving permit (MDDP) or a restricted driving permit (RPD).

Monitoring Device Driving Permit (MDDP)

For most first-time DUI offenders, an MDDP is the favorable option. To receive an MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed onto your vehicle. A BAIID is a device that requires you to provide a breath sample before you can start your vehicle and periodically while you are driving. An MDDP allows you to drive anywhere at any time – as long as you are driving a vehicle that has a BAIID equipped. Only people without a previous DUI conviction are eligible to receive an MDDP, but not those who are under the age of 18 or caused death or great bodily harm during the DUI.

Restricted Driving Permit (RDP)

If you have previous DUI convictions, you will have to apply for an RDP if you want to drive during your suspension. Like MDDP’s, RDP’s require the use and installation of a BAIID to be in compliance. To obtain an RDP, you may have to prove that hardship has resulted from not being able to drive. You may also have to prove that you are seeking remedial education or treatment and/or a professional drug/alcohol evaluation. To receive an RDP, you will also have to appear at a hearing at the Secretary of State’s office to prove that you would not be a threat to other drivers if you were permitted to drive. If you receive an RDP, you may be limited in the places you can drive to, such as:

  • Your job
  • Your school
  • Your doctor’s office
  • Your child’s school or childcare facility

A Tinley Park, IL, DUI Defense Attorney Can Help You Understand Your Options

If you have been arrested because you were suspected to have been driving under the influence, you should contact a skilled Cook County DUI defense lawyer as soon as possible. At the Fotopoulos Law Office, we understand how difficult your life can become if you are unable to drive. Our skilled attorneys can help you understand the options available to you and walk you through the process of receiving a temporary driving permit. Call our office today at 708-942-8400 to schedule a free consultation.

When is an Illinois DUI Charged as a Felony?

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The state of Illinois is relatively strict when it comes to DUI offenders and there are many consequences that come with a DUI conviction. Even for a first-time DUI conviction, you face jail time, monetary fines, and a loss of your driving privileges for at least a year. Most DUI offenses are charged as a misdemeanor crime, but it does not take much to elevate the charge to a felony crime. Being convicted of a felony crime carries more consequences than a simple misdemeanor, which is why it is important to speak with a knowledgeable DUI defense attorney if you face charges.

First and Second DUI Convictions

When it comes to basic DUI’s, both first and second convictions are considered to be misdemeanor charges. Both are charged as Class A misdemeanors, which carry possible jail time of up to one year, up to $2,500 in fines or a combination of both. A first or second DUI will not be charged as a felony crime unless another factor was present. For example, if you were caught with a child in the vehicle while you were driving under the influence and the child suffered injuries from a crash, you will be charged with a Class 4 felony.

Aggravated DUI Convictions

Third and subsequent DUI offenses are automatically classified as a felony or aggravated DUI. Third offense and fourth offense DUI’s are charged as Class 2 felonies, which carry a possible sentence of three to seven years in prison and up to $25,000 in fines. Consequences can increase all the way to a Class X felony for a sixth or subsequent conviction, which means you face six to 60 years in prison.

Other situations can cause a DUI offense to be classified as a felony, such as a DUI resulting in bodily harm or death, a DUI by someone who does not have a valid driver’s license or a second offense of a DUI transporting a child under the age of 16.

A Cook County DUI Defense Attorney Can Answer Any Questions You May Have

A DUI conviction is one mistake that can follow you for the rest of your life. If you have been charged with any type of DUI, whether it is a misdemeanor or felony charge, you need to speak with a skilled Tinley Park, IL, DUI defense lawyer right away. At the Fotopoulos Law Office, we have more than 15 years of experience representing clients in their DUI cases. To schedule a free consultation, call our office today at 708-942-8400.