Anderson Attorneys & Advisors

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2150 Manchester Road, Suite 101, Wheaton, IL 60187

Recent blog posts

Wheaton gun crimes defense attorney

The issue of firearms and gun control is a heated topic these days, with many people on both sides of the issue. Many Illinois gun owners were not happy when the Firearms Restraining Order Act took effect on January 1, 2019. This law is one of the “red flag” laws that a number of states have passed in recent years in response to the acts of gun violence that have occurred throughout the United States. It allows family members or police officers to ask a judge to issue an order to temporarily confiscate guns from someone they believe is a threat to themselves or others. If you are served with a firearms restraining order, or if you are facing weapons charges, you should understand the restrictions you will face and the potential legal consequences that could come with violating an order.

Firearms Restraining Order Process

The person asking for a firearms restraining order (FRO) is called the “petitioner,” and the person the order is against is referred to as the “respondent.” A family member of the respondent can request the FRO if they believe the respondent is a danger to themselves or another person. People who can request an FRO include:

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DuPage County drug charges lawyer

Drug possession, distribution, and manufacturing are not the only drug charges in Illinois. It is also against the law to possess drug paraphernalia, and punishments can be substantial, especially if you are also arrested for one of the aforementioned drug crimes at the same time.

Drug Paraphernalia Laws 

According to Illinois law, drug paraphernalia includes equipment and materials used to consume, plant, grow, harvest, store, test, or conceal a controlled substance. This does not include items related to methamphetamine production or use, which are addressed under a different law. Pipes or bongs used to smoke marijuana, hash oil, cocaine, or synthetic drugs fit into this category, along with drug manufacturing and testing equipment, and drug cutting agents.

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DuPage County asset forfeiture defense lawyerIllinois law enforcement organizations maintain a steady flow of cash through the seizure of property confiscated from criminal suspects and those convicted of a crime. More than $30 million in property is taken each year through civil asset forfeiture, which allows confiscation from convicted persons and even citizens who do not end up facing criminal charges. Additionally, research indicates that these seizures disproportionately affect poor and minority communities. 

If your property has been seized by law enforcement, you need an experienced criminal defense lawyer who can determine the validity of the actions taken by police and who will stand up for your rights in court.

Illinois Asset Forfeiture Laws

Asset forfeiture is the legal process in which the government can confiscate an individual’s property. It can be enacted under state or federal law if investigators believe the property was used in a crime or if it was purchased with proceeds from a crime. Asset forfeiture is commonly used in drug cases and white-collar crime cases. Seized property is typically sold by the government at auction for a profit, unless the property owner acts quickly with the help of a skilled attorney. 

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DuPage County DCFS child abuse neglect defense lawyerThe Illinois Department of Children and Family Services (DCFS) maintains a stated mission of protecting children who are victims of abuse or neglect. DCFS receives thousands of calls each year from citizens reporting child neglect or abuse, and it starts an investigation into each allegation within 24 hours. 

Many calls come from family members who are directly affected as well as outside witnesses. Some cases involve teachers or other individuals who believe abuse or neglect may have occurred. If you are being investigated by DCFS, it is critical to secure legal representation from a skilled defense attorney who can protect your rights, and, if necessary, appeal the findings of a DCFS report. 

Here are the steps included in the DCFS investigation process:

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DuPage County marijuana DUI lawyerWhile medical marijuana became legal in Illinois in 2014, and despite the potential for future legalization of recreational cannabis, serious penalties remain in place for possession and irresponsible use of the drug. Here is a look at the various charges and punishments for a marijuana arrest in Illinois:

Marijuana DUI

Any person found to be under the influence of marijuana while driving can be charged with DUI, regardless of whether the individual is an approved medical marijuana card holder. In Illinois, a driver is considered impaired if they register a THC concentration of 5 nanograms per milliliter of blood or 10 ng/ml of another bodily substance. Medicinal marijuana card holders suspected of impairment must submit to field sobriety testing or face driver’s license suspension.

A first-time DUI can result in a six-month license suspension, and that duration increases with any subsequent offense. Some DUI offenders are eligible to keep their driving privileges with a monitoring device driving permit, which can be negotiated with the help of a skilled criminal defense attorney.

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