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Chicago Criminal Defense Lawyers

What are the collateral consequences of a felony DUI conviction?

I have been representing clients who have been charged with a DUI, around the Schaumburg and Chicago areas, for over 17 years. Many clients have asked me how a felony DUI conviction will affect them besides the immediate penalties of a fine, probation, jail time, or license suspension.

You can receive a felony for a third DUI conviction or for an aggravated DUI conviction. However, what many people do not realize is that a felony can effect your life in significant ways. You can face the following consequences: if you are in jail or a correctional facility you are not eligible to vote; if you are guilty of a felony you are ineligible to hold an office created by the constitution; a felony can be grounds for dissolution of marriage; can affect tour fitness as a parent in court proceedings; a felony can affect housing eligibility; affect your ability to get scholarships or student loans; and affect your ability to be licensed for particular employment.

If you are facing a felony conviction or a potential DUI conviction, call our office immediately to speak with an experienced defense attorney who can fight to prevent the loss of your rights.


- Posted by DUI lawyer John W. Callahan

What do I do if I am arrested for a DUI in Illinois?

If you have been arrested for a DUI charge in Illinois, there are some immediate actions that you need to take. First, Illinois will suspend the license of any person charged with DUI 46 days after the date of arrest. In order to effectively attack the suspension that will occur, you should file a petition to contest the suspension immediately upon being arrested for driving under the influence of alcohol charge. Every single day that is wasted after charges are filed reduces the chance of taking the suspension off of your record. If you have been arrested for a DUI charge within five years of the new charge, your license will be suspended from between one year and three years. If this is your first driving under the influence of alcohol charge, the suspension will be from between six months and one year. For most people the most important part of a DUI charge is preventing the loss of their driving privileges and in practicing DUI law for the past 17 years the best way to be a DUI suspension is by aggressively attacking the suspension itself. The best way to do this is to file documents with the court immediately after being arrested and only an experienced DUI lawyer will know how to properly do this.

The next step is to fight the actual DUI charges. This can be done in several ways but it is not as time sensitive as the suspension aspect of the case is. Patience is often a virtue when dealing with a DUI charge as it gives the defense lawyer more time to analyze evidence and breakdown the states case.

If you have any questions about how to successfully defend a driving under the influence of alcohol charge in Illinois you should feel free to contact DUI lawyer John Callahan to discuss your matter free of charge.


- Posted by DUI lawyer John W. Callahan

Thanksgiving DUI charges

Were you arrested for a DUI charge over the Thanksgiving weekend? It is very common for a person to be arrested for a DUI or DWI on the Wednesday before Thanksgiving. The Schaumburg DUI patrol is active and looking for people enjoying the holiday. Very often, a person leaving the bars in Schaumburg, Barrington, or Arlington Heights Illinois during this weekend should be on the lookout for police due to the fact that they are looking for people who could be suspected of driving under the influence of alcohol.

If you were arrested for a DUI over the weekend in Chicago or the Northwest suburban area, the first thing you should do is to file a petition to contest the suspension of your driving privileges. Because the police arrested you for a driving under the influence charge, your license will be suspended 46 days after the arrest if you don't take immediate steps to prevent it from happening. My office has handled DUI charges for more than 16 years every single day and we know every possible step that can be taken to prevent your license from being suspended.

If you are looking for help with your driving under the influence of alcohol charge or have recently been arrested for a DUI, feel free to contact the law office of John W Callahan to protect your rights as well as your drivers license.


- Posted by Schaumburg DUI lawyer John W. Callahan

What are the consequences of fleeing the police when I have been drinking and driving?

I have been representing clients who have been charged with a DUI, around the Schaumburg and Chicago areas, for over 17 years. Many clients have asked me what to do when they are pulled over by the police and have been drinking. One thing you should not do is flee or elude the police. If you flee the police you will be charged with fleeing or attempting to elude a peace officer in addition to the DUI charge.

Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor. Upon receiving notice of such conviction the Secretary of State shall suspend the driver’s license of the person so convicted for a period of not more than 6 months for a first conviction and not more than 12 months for a second conviction. A third or subsequent violation of this Section is a Class 4 felony.

For more information about DUI charges or a charge of fleeing or eluding the police, contact our office to speak with an experienced defense attorney.


- Posted by Schaumburg DUI lawyer John W. Callahan

What are the consequences for a DUI when your blood alcohol content is 0.16?

I have been representing clients who have been charged with a DUI, around the Schaumburg and Chicago areas, for over 17 years. Many clients have asked me if they will face additional penalties if their blood alcohol content was 0.16 and over. The answer is yes.

A person who is convicted of driving under the influence a first time, if the alcohol concentration in his or her blood, breath, or urine was 0.16, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500. A person who is convicted of driving under the influence a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.

With the right arguments a good DUI attorney will be able to count the two days of imprisonment against your original DUI arrest so no additional days in custody should be necessary.

For more information about the consequences of a DUI, contact our office to speak with a defense attorney.


- Posted by Schaumburg DUI lawyer John W. Callahan

Can I receive probation for possessing cannabis?

I have represented hundreds if not thousands of clients who have been charged with drug arrests. Some of these are misdemeanor charges in Illinois and some of them are felony charges. One possible sentence a person convicted with a possessing cannabis could receive is probation.

Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense relating to cannabis, or another controlled substances, pleads guilty to or is found guilty, the court may sentence him to probation. When a person is placed on probation, the court shall enter an order specifying a period of probation and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.

The conditions of probation shall be that the person: not violate any criminal statute of any jurisdiction; refrain from possession of a firearm or other dangerous weapon; submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. The court may also require further conditions.

If you have any questions about a cannabis charge or the possibility of receiving probation, contact our office to speak with an attorney who has experience with drug charges.

- Posted by lawyer John W. Callahan

What is criminal sexual abuse part 2

I have represented hundreds if not thousands of clients who have been charged with crimes in the Chicago area for over seventeen years. Some of these are misdemeanor charges in Illinois and some of them are felony charges. One such charge that can carry a heavy sentence is criminal sexual abuse.

A person commits criminal sexual abuse if that person: commits an act of sexual conduct by the use of force or threat of force; or commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age. A person commits 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 less than 5 years older than the victim.

For more information about criminal sexual abuse and the consequences you could face, contact our office to speak with an experienced defense attorney.


- Posted by lawyer John W. Callahan

My teen is facing a DUI charge, can I face charges as well?

I have been representing clients who have been charged with a DUI, around the Schaumburg and Chicago areas, for over 17 years. Minors who drink and drive face stiff penalties. However, parents of minors who drink can also face stiff penalties in some cases.

What is a parent's responsibility when their teen is drinking? A parent/legal guardian who knowingly allows anyone under age 21 to consume alcoholic beverages at a private residence or other private property is guilty of a Class A misdemeanor. A parent/legal guardian who knowingly allows anyone under age 21 to consume alcoholic beverages by failing to control access to either the private residence or to alcoholic beverages in the residence, and bodily harm results to any person as a result of this access, is guilty of a Class 4 felony.

It is unlawful for any parent/legal guardian to knowingly allow his/her property to be used for the illegal consumption of alcoholic beverages. If the consumption of alcohol results in great bodily harm or death to any person, the parent/guardian is guilty of a Class 4 felony.

For more information about DUI and associated charges, contact our office to speak with a defense attorney.


- Posted by Chicago DUI lawyer John W. Callahan

What types of relief can you receive if your license was suspended for a DUI?

I have represented hundreds if not thousands of clients who have been charged with crimes including a DUI in the Chicago area for over seventeen years. A DUI charge can have criminal consequences and cause you to have your driver's license suspended or revoked. First, as your attorney, I will do everything I can to prevent your drivers license from being suspended 46 days after your DUI arrest. The best way to do this is to immediately file paperwork in the court within the first day or two after the DUI arrest. This gives you the best chance to eliminate the suspension.

However, if your license is suspended or revoked, as your attorney, I can help you to apply for driving relief. Driving relief can take the form of filing for a hearing to appeal the suspension, applying for a monitoring device driving permit, applying for a restricted driver's permit, or having a breath alcohol ignition interlock device installed in your car. Time is very important in keeping you up and driving so contact a DUI lawyer to talk about your case right away!

For help dealing with a DUI charge or preventing your license from being suspended or revoked, contact our office. Don't face a DUI charge alone!


- Posted by DUI lawyer John W. Callahan

What is criminal sexual abuse?

I have represented hundreds if not thousands of clients who have been charged with crimes including DUI and sex crimes in the Chicago area for over seventeen years. Some of these are misdemeanor charges in Illinois and some of them are felony charges. One such charge that can carry a heavy sentence is criminal sexual abuse.

A person commits criminal sexual abuse if that person: commits an act of sexual conduct by the use of force or threat of force; or commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age. A person commits 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 less than 5 years older than the victim.

For more information about criminal sexual abuse and the consequences you could face, contact our office to speak with an experienced defense attorney.


- Posted by lawyer John W. Callahan