Anderson Attorneys & Advisors

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2150 Manchester Road, Suite 101, Wheaton, IL 60187

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 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 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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