5 Facts You Need to Know About DUI Charges in Illinois

Before hiring a DUI lawyer in Illinois, you should appraise yourself of the information surrounding DUI charges in Illinois. This includes the following:

1. Penalties Differ As Per Frequency

The amount for DUI charges in Illinois depends on the number of times you are being charged. For example, a first-time offense can lead to a year in prison and a fine amounting to $2500. A second offense could result in a conviction and a revocation of your driver’s license. In addition there are stiffer penalties such as 5 days in jail or 240 community service hours.”

If you are caught driving under the influence for a third or fourth time within five years of the previous violation, you will be charged with aggravated driving which is a class 2 felony. It holds a max seven-year prison sentence and up to $25,000 in fines.

2. You Need To Install A Breathalyzer In Your Car

If you are charged with a DUI and your hearing hasn’t been held yet or you lost the case, you need to place a breathalyzer in your car. You have to blow into it to start your vehicle and it can also alert you into blowing again while you are driving.

3. You Can Still Drive Post DUI But With Limitations

If you have a valid driver’s license, you can still drive for 46 days after you are arrested for a DUI in Illinois. At the stroke of midnight on that date, your license will be suspended. The officer may have taken your license when he/she charged you so you should have a thin piece of paper in its place called a Notice of Statutory Suspension which you can use to drive legally till time’s up.

4. Driving Under The Influence Of Medical Marijuana is Illegal

Medical marijuana is legal in Illinois. However, you need to be registered with the Illinois Department of Public Health and possess authorization from a licensed physician. Your license should also mention this info. However, it is illegal to operate a vehicle if you have taken illegal drugs or are under the influence of medical marijuana.

You also cannot transport any illegal substance in your vehicle whether you are under its influence or not. In fact, if you fail a field sobriety test even though you have a medical marijuana card, you will still be charged with a DUI.

5. A DUI Attorney Can Help You Understand Your Charges

If you think nothing can be done to absolve you of the DUI charges in Illinois, think again. If you want to ensure your license is not suspended on the 46th day, get in touch with a DUI lawyer in Illinois such as from the law office of Covert Marrero Covert. We can file a petition to fight the license suspension to get it taken off.

That is the only option you have at your disposal to ensure your license remains workable beyond that time limit. What are you going to do for transportation after that otherwise?

Get in touch with us for a consultation today before it is too late.

How To Choose The Best Criminal Defense Lawyer

If you have been charged with a criminal offense, you need the best criminal defense lawyer in your corner. Even a small crime can lead to a hefty prison sentence and penalties that can ruin your future. Needless to say, the defense lawyer you choose should be the cream of the crop. Here are some tips that can help you choose the best one:

Determine If the Attorney Understands Your Legal Requirements

Irrespective of how minor or major your criminal charge is, determine your legal requirements via a consultation. You may not be aware of the options you have and if the defense attorney you choose cannot give you hope, chances are he/she is not the right fit for you. That is only possible if the Illinois criminal defense lawyer can understand your legal requirements from the first meeting.

Decide Whether You Need A Federal Or A State Attorney

Contrary to popular belief, not all defense cases are the same. You may require a federal or a state defense attorney depending on the circumstances surrounding your case. The former can represent you in federal court for copyright, Constitutional violations and the latter can represent you in cases pertaining to state laws.

Search For Specialists

A defense attorney who is a Jack of all trades may not have the experience and knowledge to help you with your particular criminal case. Search for an attorney who specializes in representing individuals who face the charges you are faced with (such as armed robbery or burglary). He/she will have the resources and connections to ensure your Constitutional rights are protected and present options and strategies that can reduce penalties and even prevent jail time.

Make Sure The Attorney Doesn’t Override You

It’s your future that is on the line. Do you really want to risk it by working with an Illinois criminal defense lawyer who disregards your concerns and refuses to take direction from you? While it is true that attorneys are responsible for filing motions and making bigger decisions for their clients, they cannot do so without your express permission. You need a defense attorney who takes the time to get to know you and who integrates your input into the legal strategy.

The Lawyer Should Be Experienced in Local Courts

Besides being proficient in criminal law, your lawyer should also be experienced in local courts. This aspect is often overlooked by most people to their deterrent. Local connections and relationships can make a case easier to manage. This is important because each judge has his/her own way of presiding over a case. Having a lawyer who stands in good stead with the court can work in your favor.

Even though you should take your time to find the right lawyer, time is not on your side in a criminal case. This is where the criminal defense attorneys at Covert Marrero Covert can prove invaluable. We understand your fear and frustration and are dedicated to making your problems our priority. Get in touch with us for a free consultation and get the respect and understanding that you deserve.

Don’t Risk Your Freedom If You’ve Been Charged With A Drug Crime

A drug crime defense lawyer will tell you that, according to the Controlled Substances Act, even though recreational marijuana is legal in the state, other drugs cannot be consumed legally in Illinois. This includes methamphetamines, LSD, heroin, cocaine, morphine, and Ecstasy. Anyone in possession of drug paraphernalia can also be charged with a hefty fine and a jail sentence.

Penalties for Controlled Substances As Told By a Drug Crime Defense Lawyer

Don’t risk your freedom and finances. Here are some of the penalties you can face as per the Controlled Substances Act:

4 to 15 years in prison and a fine of $200,000 for possession of 15 grams of controlled substances (morphine, cocaine, or heroin).
6 to 30 years in prison and a fine of $200,000 for possession of 100 grams of controlled substances (morphine, cocaine, or heroin) depending on the complete street value of the drugs.
8 to 40 years in prison and a fine of $200,000 for possession of 400 grams of morphine depending on its complete street value.
10 to 50 years in prison and a fine of $200,000 for possession of 900 grams of controlled substances (morphine, cocaine, or heroin) depending on its complete street value.

10 to 50 years in prison and a fine of $200,000 for possession of 900 grams of controlled substances (morphine, cocaine, or heroin) depending on its complete street value.

Drug Crime Penalties for Possession of Drug Paraphernalia

Possession of drug paraphernalia is considered a Class A Misdemeanor in Illinois and it holds a fine amounting to $750. This includes:

Spoons and vials
Syringes
Pipes
Bongs
Carburetion tubes

It also includes other items that are used to dilute drugs such as marijuana. In fact, any other item that can be used to process the drugs such as scales, plastic baggies, etc. can also be considered as paraphernalia according to the law.

The charge can also include a jail sentence of several years if you are charged. If you are caught with paraphernalia and it is your first offense, the judge may sentence you to probation.

Contact Our Drug Crime Defense Lawyer

At Covert Marrero Covert, LLC we understand the stress and frustration you may be going through after getting a drug charge. We are dedicated when it comes to making your problems our main concern and will treat you with the respect and compassion you deserve. Get in touch with us for aggressive legal representation and book a consultation today. A drug crime defense lawyer from our law firm remains aggressive in court even when facing equally or more aggressive adversaries.

What You Need to Know About Child Custody in Illinois

Determining child custody in Illinois can be one of the most emotionally charged and complex parts of the process. While mothers used to have an unfair advantage in custody cases, today, both parents have an equal opportunity to win. In a divorce proceeding, there are no winners, only broken families. During a case, the judge makes a decision based on the child’s best interests and it differs from case to case.

Who Can Ask For Child Custody In Illinois?

Either parent can ask for custody of their children or they may agree to joint custody. You can also ask the court to determine this if:

You are unsure who the parent of the child is.
You want to be the legal guardian of the child.
You are not married to the parent of the child but wish to determine custody.

You can also receive a temporary custody order if your divorce is in progress.

How Child Custody Is Determined

The court considers the following when making a decision regarding child custody in Illinois:

The opinion of the child and the parents.
Whether both parents will work to create a bond with the child and with each other.
How the child will cope in the community, at home, and in school after the divorce.
Whether the parents can work together for the best interests of the child.
The relationship of the child with family members and people who are close to the family.
Whether either of the parents is a sex offender.
The physical and mental health of the people involved in the child’s life and upbringing.
If the child would remain safe or will be abused by either parent.

The state allows joint, sole, and split custody but in most cases, the court prefers that both parents remain involved with their child. While joint custody is not awarded in every case, it is granted if the judge determines it is in the best interest of the child.

If you are in search of an attorney who specializes in child custody cases in Illinois, get in touch with us at Covert Marrero Covert for a consultation today. Our law firm handles a range of cases from family law to child support, alimony, and even uncontested divorce. We offer our services in Warrenville, Naperville, and Schaumburg, IL. Get aggressive representation that you can count on.

Real Estate: What Should A Tenant Do in Case of Toxic Mold?

Is Mold Bad For Your Health?

All forms of mold are not dangerous for the health of an individual, but there are certain types of mold that may cause harm to tenants and render the property inhabitable to live. Mold can have a detrimental effect on the health of tenants residing in the affected property. Damage may increase gradually, therefore, the longer the person remains in the affected unit, the higher the amount of damage will be on their health.

The consequences can be quite severe and may cause a person to develop serious health problems. This may include internal organ injury, respiratory damage, amongst other health problems. Unfortunately, toxic mold may not be spotted until the tenant is diagnosed with a medical condition as it could have grown inside the walls.

In some cases, landlords carry out extensive repairs to get the affected area treated, but in other cases, a complete overhaul of living space is necessary to reinstate the property to its earlier condition. However, if the landlord is not cooperating in resolving the issue, a tenant has a choice of moving out and filing a lawsuit against their landlord. They may also seek compensation for damages if they have suffered a health condition due to mold. It can be highly advantageous to acquire the services of an experienced real estate lawyer before seeking a lawsuit.

Seeking a Claim Pertaining To Toxic Mold

It is a legal obligation of your landlord to ensure that your space is habitable and free from any health or medical threats. Therefore, in case an area of your living space is affected by toxic mold, you should contact your landlord to remedy the situation. If you do not communicate the problem and allow them to take countermeasures, then you may not be pursuing a valid claim. Therefore, It is advisable to provide them adequate time to address the issue, identify the affected area and understand whether the mold is toxic or not.

However, if your landlord is not willing to cooperate and refuses to repair or replace the infected area, you may hire a skillful real estate lawyer and file a claim against your landlord. Since toxic mold may render your unit inhabitable, you may have a strong case against your landlord. Your attorney will further strengthen your claim by gathering evidence pertaining to medical conditions that you suffered due to mold which may include your health reports and photographs of the damaged area, amongst other proof.

Your lawyer may also call an expert to explain the adverse effects of toxic mold and its detrimental long-term consequences on the body of a person living under such a condition. With sufficient proofs and testimonies, a competent real estate lawyer may devise a compelling case in your favor that will allow you to obtain rightful compensation for your pain and suffering. This may include medical costs, therapy, amongst other expenses that you incurred or may incur due to damage caused by toxic mold.

If you wish to know more about this subject or speak with an experienced real estate attorney, contact the offices of Covert & Covert LLP at (630) 717-2783 and schedule a free consultation session.