Cohen Donahue & Salazar Criminal Defense & Real Estate Lawyers | Elgin, McHenry, Rockford, Sycamore IL, Palatine 2024-03-28T01:56:23Zhttps://www.northernillinoislegalteam.com/feed/atom/WordPress/wp-content/uploads/sites/1502823/2023/04/cropped-favicon-75x75.pngOn Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=496282024-03-28T01:56:23Z2024-03-28T01:56:23Zprove that you recall something you say you don’t, they may be able to present enough evidence to show that’s implausible.
Should you “take the Fifth” instead?
Taking the Fifth involves asserting your Fifth Amendment right not to incriminate yourself. If you haven’t done anything wrong, this is only going to make it look like you did. You could find yourself under investigation even if you weren’t previously.
Further, if prosecutors think a witness or potential witness has valuable information, they may offer them a deal to testify to what they know in exchange for not being prosecuted for anything they admit to. If you’re involved at a low level in a much larger white collar (or other) crime, this could be in your best interests.
With that said, taking the Fifth is often a legitimate response to certain lines of questioning. As such, if you’re being investigated for any kind of white collar offense or even if you’re required to testify in a case involving someone you work with or otherwise know, it’s wise to seek experienced legal guidance. This can help you protect your rights and avoid criminal culpability whenever possible.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=496272024-03-13T03:51:54Z2024-03-13T03:51:54ZSharing prescription medications is a prime example.
Many do not believe giving away prescribed medicines is a crime, but sharing in this context can be the same as delivery or distribution, which is unlawful. You could face harsh consequences if convicted of a prescription drug offense -- even just giving drugs away to others.
The Illinois Controlled Substances Act regulates the distribution and possession of controlled substances, including prescription drugs. Though the law doesn't explicitly mention sharing, it bans delivery without authorization (Section 402(b)) and limits possession to the prescribed person and original container (Section 204(d)). Sharing prescriptions violates both these regulations.
Why many people don’t realize it’s illegal
To most people, a prescription is merely a way to treat a medical or emotional problem. They may falsely believe sharing it with another won't cause any trouble since it came from a licensed doctor.
Another misconception is that since no money changed hands, no crime occurred. You may not have sold the medicine for a profit, but you still broke the law by transferring it to another person.
And then, some people mistakenly think they won't face charges because the medicine was not a street substance like heroin or cocaine. Due to the dangers of prescription drugs (such as addiction and overdose), they must be strictly regulated and criminalized outside of authorized use.
Don’t let a lack of knowledge about prescription drug laws keep you from taking your circumstances seriously. Since your future may be at stake, explore your defense options with experienced legal guidance.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=496262024-02-23T20:57:52Z2024-02-23T20:57:52ZMortgage fraud is one of the many white-collar crimes that could land you in serious trouble. Even if you avoid a conviction, the distress and hassle the accusations cause could affect you for years to come. Hence, it’s best to do all you can to make sure no one can accuse you.
Mortgage fraud refers to an attempt to defraud a mortgage lender out of money. There are two principal situations in which you could face this kind of accusation - when trying to buy a property or when helping someone else to buy one.
Purchasing property
You must fill out your mortgage applications and any other paperwork you submit to the lender truthfully. If your employment situation has changed since you completed pre-approval paperwork, tell them. If you are self-employed and unsure of your income, get appropriate help to decide how much you can legitimately state you earn. Guessing, using overly optimistic estimates or basing your figures on business deals that are not signed off could land you in hot water.
Appraising a property
If you work in real estate, you may be required to place a value on a particular piece of real estate. Do not let anyone persuade you to up the amount so they can borrow more money. Whether you do it as a favor to a friend or in return for a commission from a potential purchaser or homeowner, you could face fraud charges if the lender discovers what you have done.Acting with honesty is best in all financial dealings. It reduces the chance you face charges or are suspected of involvement when someone you have dealt with is suspected of fraudulent activity. If that occurs, it’s wise to get help to defend your honor and freedom.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=496232024-02-14T22:38:39Z2024-02-14T22:38:39ZThe police may pull over a vehicle if they suspect the driver is drunk. Before an arrest is made, the police must gather evidence proving that the driver is drunk. One way this is done is by asking the driver questions. However, this may not work, especially if the driver uses their Fifth Amendment rights. Alternatively, the police may have a driver do a sobriety test. There are two kinds of sobriety tests: field sobriety tests and chemical tests. Here’s what you should know about each:
What are field sobriety tests?
A field sobriety test is a physical evaluation that helps the police spot signs of inebriation. These tests include the horizontal gaze nystagmus test, walk-and-turn test and one-legged stand test. The police can also ask drivers to do other kinds of field sobriety tests, such as having a driver touch their toes or do multiplication. The police may believe that a driver is drunk if they, for example, stumble while walking, lose focus or can’t follow directions.
What are chemical sobriety tests?
Chemical sobriety tests evaluate the amount of blood found in a driver's body, also called the blood alcohol content (BAC). There are three chemical sobriety tests: blood, breath and urine. Many people take breath tests because they are convenient and can be done during traffic stops. A breath test is done by blowing into a device that reads their BAC.Blood and urine tests often have to be administered at a hospital. Of the three tests, blood tests can be the most accurate. However, these tests can still be inaccurate if there are lab errors or contamination. Learning about sobriety tests could help you as you build a strong legal case. You may need to reach out for legal help to learn more.
]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=496212024-02-09T20:21:47Z2024-02-09T20:21:47ZAfter a low appraisal
Fluctuations in the real estate market can make buying property particularly unnerving. Buyers need to make an offer that is attractive to the seller but also need to protect themselves against overpaying. Mortgage companies also have an interest in ensuring that the sale price or the property is reasonable. Appraisals are standard during financed residential real estate transactions. Sometimes, the appraisal comes in low, and the buyer may then need to cancel the transaction either to protect themselves or because they cannot secure financing.
Sudden financial challenges
Life has a way of throwing complications at those trying to make major changes. Someone in the midst of buying real property might lose their job or end up in the hospital with an unexpected medical emergency. Buyers may find themselves unable to qualify for a mortgage because of unexpected debt or a loss of income. They might also need to use the money that should serve as their down payment to cover other emergency financial needs. Financial challenges are a common reason to cancel a scheduled closing.
Major property issues
Inspections and surveys could uncover unfavorable information about a property. Maybe the lot is smaller send the seller claimed, or perhaps there are numerous property defects that they did not disclose. When there are unanticipated issues with the property, buyers may feel like it no longer fits their needs or that the price they offered is not appropriate.
Buyers hoping to cancel a residential real estate transaction may have to worry about the possibility of losing their earnest money. Buyers who work with real estate attorneys to draft custom documents may have an easier time protecting themselves from scenarios in which they might lose their earnest money or face litigation brought by a seller with major expenses linked to a canceled transaction.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=496172024-02-01T03:25:49Z2024-02-01T03:25:49Zhaving your record expunged? Let’s look at two key ones.
Access to employment
Many companies carry out background checks on prospective employees. While this should not stop you applying for jobs, it can stop you from being offered the job. Not all employers will be willing to listen to your side of the story or sympathize with your circumstances.
Having your record expunged can help with this. With an expungement, your conviction will no longer show up on an employer background check.
Housing opportunities
Like employers, landlords also tend to carry out background checks. Because of the stigma of convictions, you may find that landlords could be reluctant to trust you with their property. Again, by having your record expunged, you can avoid this hurdle and gain better access to housing opportunities.
As well as the practical implications, having your record expunged can also be good for your physical and mental health. You’ll no longer feel weighed down by the burden of being stigmatized.
The expungement process is complex, and only some convictions are eligible to be expunged. That’s why it’s so important to have as much legal information as possible before moving forward.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=495862024-01-18T17:03:50Z2024-01-18T17:03:50ZDrunk driving causes thousands of accidents and hundreds of fatalities every year in Illinois. For this reason, tackling drunk driving is a top priority for law enforcement.
Police officers have a number of powers at their disposal to tackle drunk driving, including conducting traffic stops. Can they do this at random?
Reasonable suspicion in DUI cases
Police officers cannot stop drivers at random. They must have a legitimate reason to do so, otherwise known as reasonable suspicion. Reasonable suspicion could stem from a number of factors, but it tends to involve unusual driving behaviors. For instance, if a driver appears unable to stick within the appropriate lane, and crosses the center line, this could amount to reasonable suspicion. Essentially, any form of erratic driving behavior could count as reasonable suspicion that an offense has been committed. The presence of reasonable suspicion gives officers the authority to carry out a traffic stop. Can they make an arrest at this point? Reasonable suspicion is not enough to make an arrest. To arrest someone on suspicion of driving under the influence, officers must satisfy the higher evidential standard of probable cause. Probable cause means that there is hard evidence of criminal activity. For instance, if the driver failed a breathalyzer test. At this point, an arrest can be made. An arrest itself does not mean guilt. It’s possible that law enforcement did not conduct the stop in the appropriate manner. The breathalyzer test may have been faulty or incorrectly administered. When facing DUI charges, it’s imperative that you have proper legal guidance. This will help you build the most suitable defense strategy in your circumstances. ]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=495852024-01-02T11:15:12Z2024-01-02T11:15:12ZSome people may qualify for pretrial diversion
The adult drug treatment courts in Illinois are an alternative to standard criminal proceedings. They are a form of treatment court. The goal is to help people overcome the issues that lead to their criminal charges. Someone accused of a non-violent crime that directly relates to a substance abuse disorder could qualify for drug court proceedings in lieu of a traditional criminal trial.
Instead of entering a plea and possibly trying to defend against the charges, an individual asserts that their non-violent offense relates to a substance abuse disorder and asks for drug court oversight. The drug courts require that eligible defendants undergo treatments and submit to regular drug screening.
While the drug court process is a lengthy one, it does come with numerous benefits. If someone completes the requirements imposed by the drug courts, they can avoid criminal penalties and a criminal record. They may also learn to successfully manage the substance abuse disorder that led to their arrest in the first place.
Exploring whether the drug courts are an option for someone who has been accused of a non-violent drug offense is one possible way to limit the damage caused by criminal charges.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=495832023-12-17T20:01:48Z2023-12-17T20:01:48ZWhen someone is selling a piece of real estate property, they have to create a seller’s disclosure. This is intended to provide transparency so that the prospective buyer knows what they’re investing in. They deserve to know all of the facts about the property so they can determine the real value. If something is disclosed that makes them wary about buying the property, it could lead them to make a different offer or even walk away from the deal entirely.
However, sellers are also aware that this disclosure could be detrimental to their efforts to sell their property for as much as they can get in the current market. Can a seller just keep things secret until the transaction is over?
Disclosure of known defects is required
No, the seller cannot keep these issues a secret, as they have to disclose any known issues. These could include defects to the home, damage from a storm, termite damage, issues with systems that are breaking down – such as a broken HVAC system or a leaking roof – and much more.But one of the potential issues that can sometimes arise is that the seller only has to disclose “known” issues. It is certainly possible for the seller to not know about problems within their home. The seller is likely not a professional homebuilder or a home inspector, so they could entirely overlook issues that may be very obvious to someone else.This is one of the reasons why a home inspection is so important during the transaction process. But it can also lead to significant issues where a seller is accused of intentionally hiding problems with the home, and then those involved need to understand their legal options.]]>On Behalf of Cohen Donahue & Moraleshttps://www.northernillinoislegalteam.com/?p=495812023-12-12T13:51:16Z2023-12-12T13:51:16ZThe state's theft laws are complex
There are several aggravating factors that could lead to felony charges against someone accused of a theft offense. Offenses that endanger others, including armed robbery or burglary, might lead to felony charges. Other times, the main factor influencing how the prosecutor addresses the situation is the value of the property involved. For standard theft charges, prosecutors can pursue felony charges once the value of the resources stolen reaches $500.
Anyone accused of theft of property worth less than $500 typically faces Class A misdemeanor charges. The potential penalties for such offenses include up to 364 days in state custody and $2,500 in fines. However, if the person accused had a prior conviction for a theft offense, the state can pursue Class 4 felony charges. If the property is worth more than $500, the defendant may face Class 3 felony charges. The penalties include between five and 10 years in prison and up to $25,000 in fines.
The rules are different for cases involving allegations of shoplifting. The threshold for a felony offense is actually lower when the victim is a business. Those accused of shoplifting from a retail establishment could face felony charges if the merchandise involved is worth $300 or more. Otherwise, felony charges are likely.
There are many ways for people to defend against pending theft charges. Often, what looks like an attempt to steal may have an innocent explanation. Those accused of a theft offense that might end in felony charges may have more incentive than the average person to take their case to trial. Understanding the laws that govern theft prosecution in Illinois can help someone determine the best defense against their pending charges.]]>