Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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November 2014 Archives

Felony Prescription Drug Charges

Illegal sale of certain drugs is becoming increasingly popular for use in recreation or pain management. Many types of prescription drugs, ranging from Codeine to Vicodin, can lead to felony charges if given to another person without a legal prescription. Even licensed professionals are at risk for such charges. Because of the severity of these offenses, it is important to understand why these charges are issued and how to secure a proper defense against them.

Common Defenses for Cocaine Felonies

Cocaine crimes, including possession, sale, and trafficking, are punished as a felony under state and federal laws. Such charges can range from a Class 4 felony to a Class X felony, and can carry penalties of dozens of years in prison and hundreds of thousands of dollars in fines. Fortunately, various defenses can often be applied to help you fight your charges and reduce your sentencing.

What to Do After a DUI Arrest

The moment that you are stopped on suspicion of DUI, every action you take and every word you speak may incriminate you. Even if you are arrested, you are not guilty of a crime until a court of law declares you to be guilty, so you must proceed in the best way to defend your innocence at this time.

Will I Go to Jail for a DUI?

In Illinois, it is possible for you to be charged with DUI if law enforcement determines that your blood alcohol content is above .08, which can be reached by drinking two standard sized alcoholic beverages within one hour. If you have been pulled over for driving under the influence, and an officer asks you to take a breath test, this reading will typically determine whether or not you are over the legal limit.

How Can You Beat Your DUI?

When you are charged with a DUI in Illinois, you face serious legal consequences. Even for a first offense, you may find yourself looking at up to one year in jail, fines of up to $2,500, a 1 year license suspension, and the installation of an ignition interlock device on your car. But just because you were arrested on DUI does not mean that there are not ways to reduce or beat charges leveled against you.

Challenging Breath & Blood Tests

No matter where you may be driving in the United States, anyone over the age of 21 with a standard driver's license can be charged with driving under the influence if their blood alcohol content is .08% or higher. A police officer that has pulled someone over for suspected drunk driving can use a few different methods to determine BAC, including field sobriety tests, breath tests, and blood tests. The results of these tests will generally be what determines the charges leveled against the driver.

Concern and Anxiety over Medical Marijuana Law

Officials like Kendall County Assistant State's Attorney Nemura Pencyla are expressing apprehension regarding the opening of 60 medical marijuana dispensaries throughout Illinois. Pencyla believes that legal consumption of marijuana is directly connected to an increase in crime in his observation of crime statistics in states with similar medical marijuana laws.