1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Recent Blog Posts

Facing Cannabis DUI Charges in Illinois

 Posted on October 18, 2023 in Criminal Defense

Will County Criminal LawyerDriving under the influence of cannabis is a serious offense with significant consequences in Illinois. Even though Illinois legalized recreational cannabis for adult use in January 2020, it is still illegal to operate a vehicle while under the influence of the drug. Being accused of driving under the influence of cannabis can result in severe legal penalties. If a police officer suspects a driver is impaired, they can conduct chemical testing to measure the level of THC (the psychoactive component of cannabis) in the driver's blood. If the THC concentration exceeds the legal limit, the driver will be arrested and face serious consequences. If you have been charged with DUI, it is important to consult with an Illinois defense attorney.

Consequences of a Cannabis DUI Conviction

The legal limit for THC in the blood in Illinois is five nanograms per milliliter in whole blood and 10 nanograms per milliliter for THC metabolites in other bodily substances. If a driver's THC level exceeds these limits, they can be charged with a DUI offense. A DUI conviction can result in fines, mandatory community service, probation, and potential imprisonment, depending on the severity of the offense and whether the driver has any prior DUI convictions.

Continue Reading ››

ADL Report: Hate Crimes Are on the Rise in Illinois

 Posted on October 06, 2023 in Criminal Defense

Kane County Criminal LawyerHate crimes are criminal acts committed against individuals or groups because of their race, religion, ethnicity, gender, sexual orientation, or other protected characteristics. A new report reveals that Illinois is seeing a significant increase in the number of antisemitic acts, hate crimes, and white supremacist activities. Under Illinois law, hate crimes are treated with the utmost severity to combat prejudice and discrimination, and being charged with a hate crime is a serious legal matter that carries significant consequences if convicted. If you have been charged with a hate crime, it is imperative to contact an Illinois criminal defense lawyer right away.

Hate in the Prairie State

The report, Hate in the Prairie State, was compiled by the Anti-Defamation League (ADL) and reveals that Illinois has had an 80 percent increase in attacks, hate speech, and extremism over the past two years. Incidents of antisemitism increased 128 percent in 2022 from the previous year. The number of white supremacist propaganda incidents increased 111 percent during that same time period. In the past two years, the ADL has documented four white supremacist extremist events, including protests and marches.

Continue Reading ››

FAQs About Illinois Drunk Driving Laws

 Posted on September 19, 2023 in Criminal Defense

Aurora DUI LawyerFacing DUI charges can be a stressful – even frightening – experience. Whether this is your first offense, or you have prior convictions, navigating Illinois' DUI legal landscape requires legal knowledge and strategy. The following are some common FAQs about drunk driving charges in Illinois, including what the legal limits are, what the potential consequences are, and the importance of seeking legal assistance from a qualified Illinois defense attorney.

What Are the Legal Blood Alcohol Concentration (BAC) Limits in Illinois?

Under Illinois law, a driver who is aged 21 years of age or older is considered legally intoxicated if their BAC is 0.08 percent or more. If a driver is under the age of 21, the legal limit is 0.04 percent. Commercial drivers are also considered over the legal limit if their BAC is 0.04 percent or higher.

Continue Reading ››

Cash Bail Ends in Illinois in September

 Posted on September 07, 2023 in Uncategorized

Aurora criminal defense lawyerHistorically, when a person is arrested and charged with a crime, depending on the nature and severity of the crime, the court will determine the amount of bail the defendant (the person arrested) would need to post to be released from custody until their trial. The purpose of bail is to ensure the defendant shows up for all their court dates. If a defendant does not have the money to post bail, they are forced to sit in jail until their case is resolved.

Criminal justice reform advocates argue that the cash bail system unfairly punishes poorer defendants who do not have the money to post bail, while defendants in higher income brackets are able to walk around free until their trial. This was one of the driving forces why Illinois passed a law in 2021 eliminating cash bail. After much debate and court battles, the law will finally take place this month. The following is a brief overview of the new law. For more detailed information and to make sure your rights are protected if you have been arrested, make sure to speak to an Illinois criminal lawyer.

Continue Reading ››

When Can a Juvenile Be Tried as An Adult in Illinois?

 Posted on August 25, 2023 in Juvenile

IL defense lawyerThe Illinois juvenile justice system is designed to provide rehabilitation and support for young offenders, with the goal of reintegrating them into society as law-abiding citizens. However, there are instances when the severity of a juvenile’s crime may warrant treating them as adults in the eyes of the law. Today, we will explore the conditions under which a juvenile can be tried as an adult in Illinois. If your son or daughter has been arrested for committing a crime, regardless of whether they are being tried as a juvenile or adult, contact a criminal defense lawyer who will aggressively safeguard your child’s rights.

Serious Violent Crimes

In Illinois, the majority of juveniles 17 or under are tried in juvenile court for whatever offense they are alleged to have committed. However, certain felonies, such as murder, sexual assault, and armed robbery, to name a few, may be tried in adult criminal court, even if the minor is 16 or 17 years old. This type of treatment by the legal system is reserved for only the most egregious of offenses, as charging a child as an adult is not taken lightly by the court system. Of course, convictions in adult criminal court carry far more severe punishments than in juvenile court.

Continue Reading ››

Defense Strategies for Juvenile Drug Arrests

 Posted on August 16, 2023 in Juvenile

IL defense lawyerBeing arrested for drug-related offenses as a juvenile can have long-lasting consequences. Today, we will explore some possible defense strategies that can help navigate the legal process and protect the rights of juveniles facing drug charges. If your child is facing drug charges, contact a criminal defense lawyer to protect your child’s rights and interests at this critical time.

Illegal Search and Seizure

One potential defense strategy is challenging the legality of the search and seizure that led to the drug arrest. This strategy examines whether law enforcement had probable cause or a valid warrant when conducting the search. If the search violated the juveniles’ Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained may be deemed inadmissible, weakening the prosecution’s case.

Continue Reading ››

Exploring Emotional Abuse in Domestic Violence Cases

 Posted on July 31, 2023 in Criminal Defense

IL defense lawyerEmotional abuse, a form of domestic violence, can inflict lasting harm on individuals targeted by the abuse. From a criminal defense perspective, it is essential to understand emotional abuse in the context of domestic violence cases. By examining common examples of emotional abuse, we aim to shed light on behaviors from a legal standpoint and underscore the importance of a fair and robust defense. Regardless of what kind of domestic violence you are being accused of committing, contact an attorney right away to begin building and preparing your defense to these serious charges.

Defining Emotional Abuse

Emotional abuse involves the systematic manipulations and coercive tactics an individual employs to control or undermine their intimate partner. It damages the individual's self-esteem, confidence, and emotional well-being, ultimately leaving them vulnerable and dependent on the abuser. While emotional abuse may not leave visible physical scars, its impact can be just as profound.

Continue Reading ››

What Is 'Wanton Disregard for the Safety of Others' in a Reckless Driving Charge?

 Posted on July 17, 2023 in Traffic Violations

IL defense lawyerReckless driving is a severe offense involving driving a car in such a way that demonstrates no regard for the safety of others on the road. However, there is a certain level of reckless behavior that goes beyond ordinary negligence, known as wanton disregard. Understanding what constitutes wanton disregard in the context of reckless driving is essential for motorists who have been charged with such a crime. Today, we will explore the elements that define wanton disregard and its implications under the law. Facing such charges, you need a skilled criminal defense lawyer in your corner to give yourself a fighting chance at overcoming these charges.

Defining Wanton Disregard

This is a legal term used to describe a conscious and deliberate act of indifference towards the potential harm one’s actions may cause to others. It goes beyond simple negligence or recklessness, exhibiting a higher degree of culpability. In the context of reckless driving, wanton disregard involves engaging in extremely dangerous behavior while operating a vehicle, knowingly putting the lives and safety of others at considerable risk.

Continue Reading ››

What Are the Most Important Principles of Juvenile Criminal Law?

 Posted on June 28, 2023 in Criminal Defense

Aurora Juvenile Offense AttorneyJuvenile criminal law is a sensitive and specialized branch of the criminal justice system that protects and rehabilitates children and minors charged with an offense. Unlike the adult criminal justice system, the juvenile criminal justice system aims to balance protection, deterrence, rehabilitation, and accountability. If you are the parent of a juvenile involved in a criminal situation, contact an attorney immediately to ensure your son or daughter has the legal guidance and protection they need. 

Four Important Principles of Juvenile Criminal Law

The following are four essential principles that act as the crucial foundation of juvenile criminal law, including:

  • Protecting rights and interests of juveniles – One of the most important aspects of juvenile law is protecting the rights of minors and children. Consequences may include fines, probation, and community service, depending on the seriousness of the juveniles’ conduct. In especially rare cases, the juvenile may be detained at a detention center for juveniles. 

    Continue Reading ››

Understanding What Constitutes Reckless Driving in Illinois

 Posted on June 15, 2023 in Traffic Violations

Aurora Traffic Violation LawyerReckless driving refers to the operation of a vehicle with deliberate or indeliberate disregard or lack of attention to the safety of people or property. This is a significant issue in Illinois since reckless driving offenses can easily cause serious injuries or even death. As a result, Illinois has strict laws that penalize those who commit reckless driving offenses. Therefore, if you are facing these charges, it is essential to contact a traffic violations attorney to ensure your interests are adequately protected during your case. 

Important Factors Regarding Reckless Driving

Behind every reckless driving charge is the assertion that the vehicle’s operator knew how they were driving was dangerous, yet they failed to adhere to traffic guidelines because they were indifferent to the consequences of their actions. Moreover, recklessness can be expressed in multiple forms. Some of the most common instances of reckless driving include DUI, speed racing, not adhering to traffic signals, or even aggressive driving behavior, showing high indifference to the evasions they pose to and against road commuters legally observant of road rules and laws.

Continue Reading ››

Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

Back to Top