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Chicago Criminal Defense Lawyers

Drug Charges Trafficking Marijuana or Cannabis

In dealing with Drug Charges, I have represented hundreds if not thousands of clients who have been charged with drug arrests. Some of these crimes have been misdemeanor charges and some of the crimes have been felony charges. One such charge is for the illegal trafficking of marijuana.

If you are convicted of illegally trafficking less than 2.5 grams of marijuana, you are facing a Class B Misdemeanor and could face up to 6 months in jail and a fine of $1,500.  If you illegally traffic more than 2.5 grams but less than 10 grams of marijuana, you are guilty of a Class A Misdemeanor that could result in less than one year in jail and fines up to $2,500. If you illegally traffic more than 10 grams but less than 30 grams of marijuana, you are guilty of a Class 4 Felony that could result in one to three years in jail and fines up to $25,000. If you illegally traffic more than 30 grams but less than 500 grams of marijuana, you are guilty of a Class 3 Felony that could result in two to five years in jail and fines up to $50,000. If you illegally traffic more than 500 grams but less than 2,000 grams of marijuana, you are guilty of a Class 2 Felony that could result in three to seven years in jail and fines up to $100,000.

For more information on drug charges or if you have been arrested for a criminal drug charge, contact our office to speak with an experienced defense attorney.

Posted by criminal defense lawyer John W. Callahan

Sex Crime Defense Battery versus assault

In sex crime defense law, 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 question that people often ask is what is the difference between criminal sexual assault and criminal sexual battery?

Criminal sexual assault is sexual intercourse that is forced on another without the person's consent or against the person's will. A lesser form of this crime is sexual battery, sexual conduct that does not involve penetration, but does involve physical contact of a sexual nature without the other person's consent. It often is defined as the touching of an intimate part of the body for the purpose of sexual arousal or pleasure, without the other person's consent or forcing another person to touch an intimate part of the offender's body for sexual arousal or pleasure.

For more information on a sexual assault or sexual battery charge, contact our office to speak with an experienced attorney.

Posted by sex crime defense lawyer John W Callahan

DUI Defense - arrested for a DUI while on private property

I have represented hundreds if not thousands of clients who have been charged with a DUI in the Chicago area for over seventeen years as part of my DUI defense program. Receiving a DUI can have serious consequences such as jail time, fines, and the loss of your driver's license. Which is why it is important to understand that whenever you operate a vehicle, even while stationary or on private property, you can be charged with a DUI if intoxicated above the legal limit.

In Illinois, a person who is operating or is in actual physical control of any vehicle while under the influence of alcohol, can receive a DUI. Thus, if you are sitting in the driver's seat of your car, with the key in the ignition, and intoxicated, you are in actual physical control of the vehicle and capable of getting a DUI.  Further, if a police officer observes you operating a vehicle in an impaired or unsafe manner and suspects you are intoxicated, you can receive a DUI even though you are on private property.

For more information about DUI charges, contact our office to speak with John W. Callahan, an attorney experienced with DUI defense.

Posted by DUI lawyer John W Callahan

Sex Crime Defense Issues and Investigations

In the area of sex crime defense, I have represented hundreds of people charged with Sex Crimes over the past 18 years of my professional life.  One of the more effective ways the prosecution can convict a person charged with a criminal Sex Crime Offense is to utilize a confession or valuntary statement from a defendant. How do they obtain a confession?

Typically, the police will ask a target of a sex crime investigation if he or she will come down to the police station to talk with them.  I have had clients who had no idea why they were being brought to the police station who only found out they were being accused of a sex crime whne they were behind the locked doors of the police station.

If you are being accused of a sex crime or of any criminal offense or if you are wondering whether you should meet with the police to discuss your situation with them, you should contact a criminal defense lawyer who has handled criminal investigations. You might need to put a buffer between yourself and the prosecution in order to protect your rights.

Many people think that they can simply talk their way out of a police investigation. What I have found in my experience is that even admitting that you were present at the scene can be enough for the police to view this as an admission of guilt.

Feel free to contact criminal defense lawyer John W. Callahan anytime to discuss your case or your situation.

Aggravated Reckless Driving in DUI Defense

I have represented hundreds if not thousands of clients who have been charged with a DUI in the Chicago area for over seventeen years as part of my DUI defense program. In some cases, the state may offer a plea deal to dismiss the DUI charge if you plead guilty to an aggravated reckless driving charge.  If you are offered a plea, it is important to understand the consequences of an aggravated reckless driving charge.

A person commits reckless driving if he or she drives any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. Every person convicted of committing reckless driving shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Aggravated reckless driving is a Class 4 felony, punishable by 1 to 3 years imprisonment and up to $25,000 in fines, except if the violation causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties, is a Class 3 felony.

For more information on plea deals, DUI charges, or an aggravated reckless driving charge, contact our office to speak with an attorney experienced in DUI charges.

Posted By DUI Lawyer John W Callahan

DUI Defense and Consequences of Reckless Driving

As a DUI Defense attorney who has been representing clients around the Schaumburg and Chicago area for over 17 years, it is important to understand that a DUI charge can have serious consequences such as losing your license, jail time, and fines. In some cases, the state may offer a plea deal to dismiss or reduce the DUI charge if you plead guilty to a reckless driving charge.  If you are offered a plea deal such as this, it is important to understand what the reckless driving charge entails.

A person commits reckless driving if he or she drives any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except if the person causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties, which is a Class 4 felony. Reckless Driving is punishable by up to 365 days in jail and fine of $2,500. The vast majority of times a reckless driving will not result in the revocation of driving privileges and to many observers, appears less serious than a DUI charge.  To be clear though, a reckless driving charge is the same class crime as a DUI charge.

For more information on fighting your DUI, plea deals, DUI charges, or a reckless driving charge, contact John W. Callahan for a free consultation.

I need a DUI Defense because I got arrested for DUI in Addison

As a DUI lawyer who handles many clients who have been arrested for DUI in Addison, Illinois, I have been reviewing Addison statistics and learned that in 2013, 94 people were arrested for a DUI in Addison. In Addison, males are arrested for a DUI more frequently than females and the predominant offenders remain in the 21 to 30 age group.  The bars most frequently reported by offenders as the place they were drinking prior to a DUI arrest was Amada's and JD Muggs.  The most common primary street for a DUI arrest was Lake Street, followed by Addison Road. 

If you have been arrested for a DUI charge in Addison or Schaumburg you need to prtoect your driving privileges as fast as you can by filing a Petition to Rescind the Statutory Summary Suspension.  Your license will be suspended 46 days after your DUI arrest if you don't take steps to prevent it from happening.

When arrested for a DUI in Addison, you will be taken to the DuPage County Courthouse in Wheaton, Illinois. If you need help defending against a DUI charge in Addison, contact John W. Callahan. Don't face the possibility of jail time, fines, and the loss of your license alone. 

DUI - Challenge the breathalyzer test?

As a succesful DUI lawyer from the Schaumburg area and after representing hundreds of clients for DUI charges around the Schaumburg and Chicago area for over seventeen years, I have had many clients ask me how their breathalyzer tests' admissibility can be challenged in court?

The State must then produce evidence to lay a foundation for the admission of the breath tests. The State must present testimony for the foundation of an evidentiary breath test including: that the test was performed according to standards adopted by the ISP,  that the operator who conducted the test was certified to so by the ISP,  that the machine used was a model approved by the ISP, was regularly, within 62 days prior to and after the arrest, tested for accuracy, was working properly, that the motorist was observed for 20 minutes before the test and did not smoke, regurgitate, drink, or ingest any foreign substance, that the motorist was warned about the consequences of taking or refusing to take the test, and that the results appearing on the machine's print-out can be identified as the test given to the motorist. Any of these foundational issues can be challenged and if the foundation is found deficient, the results could be held inadmissible, and you then have a successful outcome of your DUI case.

For more information on how to defend against a DUI charge, contact our office to talk to an attorney experienced in DUI cases. 

What are the consequences for possessing illegal anabolic steroids?

I have represented hundreds if not thousands of clients who have been charged with drug arrests. Some of these crimes have been misdemeanor charges and some of the crimes have been felony charges. One such charge is for the illegal possession of anabolic steroids.

If you are convicted of illegal steroid possession, you are facing a Class C misdemeanor charge on a first offense. That could result in a maximum of 30 days in jail and fines of $1,500. If you are facing a second offense possession of steroids charge within 2 years of prior conviction, the penalty is increased to a Class B misdemeanor that could result in a maximum of 6 months in jail and fines of $1,500.

For more information on drug charges, contact our office to speak with an experienced defense attorney.


- Posted by criminal defense lawyer John W. Callahan

Can I be charged for an aggravated assault if I use a firearm, device, or motor vehicle in the assault?

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 charge that can become aggravated based on the use of a firearm, device, or motor vehicle is an assault charge.

A person commits aggravated assault when, in committing an assault, when he or she does any of the following: uses a deadly weapon, that looks like a firearm, other than by discharging a firearm; discharges a firearm, other than from a motor vehicle; discharges a firearm from a motor vehicle; wears a hood, robe, or mask to conceal his or her identity; knowingly and without lawful justification shines or flashes a laser gun sight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person; uses a firearm, other than by discharging the firearm, against a peace officer, community policing volunteer, fireman, private security officer, emergency management worker, emergency medical technician, employee of a police department, employee of a sheriff's department, or traffic control municipal employee while performing their official duties; without justification operates a motor vehicle in a manner which places a person, in reasonable apprehension of being struck by the moving motor vehicle; knowingly video or audio records the offense with the intent to disseminate the recording.

For more information on what constitutes aggravated assault or if you have any questions about drug possession, contact John W. Callahan, an experienced defense attorney.


- Posted by criminal defense lawyer John W. Callahan