John W. Callahan, LTD.

Chicago Criminal Defense Lawyers

Burying the cost Illinois will pay for inadequate drug treatment

The use of illegal drugs brings with it many costs. Chief among those is the cost of policing, prosecuting and incarcerating those arrested and convicted of drug crimes. This cost is substantial, and part of the fallout from the nation's 40-year "war on drugs" has been the increase in the number of offenders housed in state prisons.

The use of prisons as a treatment tool has proven to be expensive and not very successful, as various measurements of the drug problem would suggest that many of the drugs targeted, marijuana, heroin, meth and others are just as readily available and common as they were 20 or 30 years ago.

When it rains it pours

It may not be all that surprising to note that criminal charges often appear in batches. It is often due to the problems caused by one criminal charge leading to a deeper investigation, which then leads to more charges, while other times behavior that causes one charge may also underlie other potential charges.

An individual could be seen driving erratically and the police may stop the driver and investigate. They discover the driver appears to be intoxicated, which is likely to lead to a DUI charge. 

Restricted permits for multiple DUI offenders

One of the difficulties the criminal justice system faces is attempting to deal with two competing priorities. One is the notion that when you are charged with a crime, it is only the facts of that case that go into a determination whether you are guilty of the charge.

The other priority is the assumption that punishment via the criminal justice system provides some measure of deterrence, and that your punishment is proportional to the severity of charge. This second element is difficult, as it is also attempting, to some degree, to predict the future. If the court knew that someone would reoffend, it would likely increase the penalty. 

What's the difference between a misdemeanor and a felony? p2

We are talking about criminal sentencing and the differences between felonies and misdemeanors. As we said in our last post, a felony is a crime punishable by a year or more in prison; a misdemeanor is punishable by less than a year in jail. While both may carry fines in addition to incarceration, felonies generally impose steeper fines than misdemeanors. They are, after all, the more serious crimes.

The differences between the levels of either a felony or a misdemeanor can be especially confusing. In theory, there is a steady progression from the lowest class of misdemeanor, Class C, to the most serious class of felony, Class X. Line them up next to one another, and you should see a continuum of criminal penalties.

What's the difference between a misdemeanor and a felony?

A friend once said that she thought misdemeanors were state crimes and felonies were federal crimes. She was mistaken. Trust us, Illinois has a good number of felony crimes on the books that have nothing to do with the federal government.

Unlike most things in the law, the difference between the two is clear-cut. A misdemeanor is a crime punishable by no more than a year in jail. A misdemeanor conviction will not land you in a penitentiary, but it may carry a fine instead of or in addition to the jail sentence.

DUI defense - Barrington and Mount Prospect DUI

As a DUI defense lawyer in the Northwest suburbs for the past 18 years I have seen the number of DUI arrests climb up and fall down. Some of the top DUI arrest and communities are in the Barrington and Mount Prospect areas. The Northwest suburbs of always had a number of bars and due to the sheer size of these towns, people are forced to drive down long roads late at night.Any charge of driving under the influence of alcohol stemming from Arlington Heights, Barrington, or Mount Prospect are all brought to the district 3 courthouse in Rolling Meadows on Euclid Avenue. These cases are typically brought to the courthouse between 30 and 45 days after the date of the DUI arrest.It is important if you have recently been arrested for a DUI in any of these towns to immediately file documents to contest the summary suspension that will prevent you from driving legally 46 days after the arrest. If you want to have the ability to successfully resolve your case you need to contact an experienced DUI lawyer who can help protect you in your time of need.
- Posted by Mount Prospect DUI lawyer John W Callahan

DUI Schaumburg Attacking the suspension

I have represented thousands of clients charged with driving under the influence of alcohol over the past 18 years in Schaumburg. Over the course of these years I have learned the best way to eliminate the suspension on somebody's DUI record.46 days after a DUI arrests, the suspension will begin if you do not take active steps to eliminate it. If you are a first offender and you registered a blood alcohol content over 0.08, your suspension will be six months and link and you will be eligible for a monitoring device driving permit 30 days after the suspension begins. If you are a first offender and you refused a breathalyzer test, your license will be suspended for one year if you do not take immediate action to eliminate it.This is where an experienced DUI lawyer and criminal defense attorney can help you with your case. We have represented hundreds of executives, hundreds of teachers, and hundreds of people responsible to drive for their company with their DUI matters from the Schaumburg and surrounding areas.If you need help with your driving under the influence of alcohol charge, feel free to contact the criminal defense lawyers at John W Callahan Ltd.
- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - new type of blood draw

In my nearly two decades of experience in handling DUI cases in Cook, DuPage, Kane, Lake and Will Counties, any blood test taken in conjunction with a DUI arrest have been performed at a hospital. Whether it be a consensual blood test or a test performed pursuant to a search warrant, the officer would have to transport the client to a hospital where the test would ultimately be taken. Over the past year or so, however, I have had more and more clients arrested for DUI in DuPage County tell me about a new method for the taking of blood. During some arrests in DuPage County, my clients have been advised that the officer can contact a phlebotomist who will come to the police station to perform the blood test there. Typically, the officer will first mention this when asking the client if she would be willing to submit to a breath test. If the client refuses, she may be further advised that the officer may take her to a hospital for a sample of her blood to be drawn. In which case, she will later be billed by the hospital. In the alternative, the officer can contact a private company that will come to the station to take a sample of her blood and/or urine. If this private company comes to the station, she will be billed by that company for their services. Ultimately, the client is left with a choice of deciding between a free breath test or a blood draw for which they will have to pay additional money.If you find yourself in this situation, call the attorneys at John W. Callahan, Ltd. to speak with an experienced attorney who will fight for your rights. We will make sure that your rights are defended. Call for a free consultation.
- Posted by Schaumburg DUI lawyer John W Callahan

DUI defense - evidence police use against you

When you are pulled over and the officer suspects you are under the influence of alcohol or drugs, they have already begun the process of trying to build a case against you. Every question they ask, every test they request, are all intended to later prove to a Judge or jury that you were drunk when they pulled you over. Ultimately, you will be offered a breath test, blood test, or perhaps, in the case of drugs, a urine test. Any good criminal defense attorney will likely tell you to refuse any of these tests. They will tell you that agreeing to take a breath or chemical test is simply providing the prosecutor with more evidence to use to secure a finding of guilty on your case. If you agreed to a breath or blood test, however, all is not necessarily lost.Both of these kinds of tests must be performed in accordance with certain legal requirements. In the case of a breath test, the State must show that the breathalyzer machine has been maintained properly, that it has been calibrated to ensure its accuracy, that it is tested on a regular basis and that the person taking your breath sample is certified to do so. They must show that they have allowed for a twenty minute period of observation, during which time they must show that you have not had anything to eat or drink, that you haven’t been belching. In the case of a blood test, they must show that the test has been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, certified paramedic or another individual possessing a valid permit by the Department of State Police. The test must be performed properly.In short, just because you have agreed to a breath or blood test, it does not mean that all is lost. But if there is a worthy challenge to be made to the result of your breath or blood test, you need an attorney experienced in fighting DUI arrests in Cook, Kane, DuPage, Lake and Will County to advocate for you. Call the attorneys at John W. Callahan, Ltd. for a free consultation.
- Posted by Schaumburg DUI lawyer John W Callahan

Drug defense - heroin and cocaine issues

In Drug defense law, if you are arrested for the offenses of manufacture/delivery of a controlled substance or possession of a controlled substance with the intent to deliver, you face a wide spectrum of potential sentences if you are found guilty. Obviously, the amount of heroin or cocaine that the police find you with will affect the class of offense. It makes sense that someone who is found to be selling less than one gram of cocaine should face penalties for a Class 2 felony, while those selling 12 grams of cocaine will be charged with a Class 1 felony. There are, however, a number of additional considerations that a prosecutor might use in deciding what charges you face.For example, generally the delivery of 1-15 grams of heroin is a Class 1 felony where, barring any criminal history, you face a prison term of 4-15 years in the Department of Corrections. However, while you are also eligible for probation if you deliver 2 grams of heroin, that option is no longer open to you if you deliver 5 grams of heroin. That is because any delivery of an amount over 3 grams has been deemed a non-probationable offense. Likewise, the location of your alleged drug dealing may have an impact on what penalties you face. Usually, if you are found in possession of 2 grams of cocaine that the police deem you were about to sell, you would face a Class 2 felony, for which, depending on your background, probation may be an option. If you are found with those two grams within 1000 feet of a church or school? You now face a Class 1 felony with harsher penalties. What would be a probationable Class 1 felony becomes a Class X felony with a mandatory prison term if you are within 1000 feet of a public park. If you are arrested for a drug offense, you need an experienced, aggressive attorney to defend your rights. The attorneys at John W. Callahan, Ltd. have years of experience handling the intricacies of a drug charge. Call today for a free consultation.- Posted by criminal drug defense lawyer John W Callahan

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