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Man Charged with Child Endangerment and a DUI After Car Accident

A single dad in Arlington Heights has been having a rough few months. He is worried he will be laid off from his job any day now, and he has no time to look for work because he shares custody of his two young sons, both under the age of 10. Looking to blow off a little steam, he decides to kick back and watch the Cubs opening day game and drink a few beers. Before he knows it, he has to pick up his older son from sports camp, a quick five-minute drive away. He is sure he is fine to drive, but on the way back home, with his son in the back seat, he runs a stoplight and hits another motor vehicle. When officers arrive at the scene of the accident, they find the two vehicles heavily damaged. Officers observe several cues that lead them to suspect the man is under the influence of alcohol.

Witnesses of the accident told police officers that the suspect ran a red light, and collided with the other car. Prosecutors charged the man with an aggravated DUI as well as a misdemeanor for endangering the child’s life. A judge ordered him to be held on a $100,000 bail.

DUI Charges When Driving with a Child in the Vehicle

In the case above, the defendant was allegedly driving while intoxicated. He will face greater penalties if convicted because he was endangering a child at the time he was arrested for the DUI. When Illinois police officers catch a defendant driving while intoxicated with a child in the vehicle, judges can impose extra penalties as part of the DUI charge, called enhancements, even if it is the drunk driver’s own child in the back seat.

Lawmakers consider driving with a child in the car while intoxicated as a form of child endangerment. Under Illinois’ Child Endangerment Law, any driver convicted of a DUI while transporting a child age 15 or younger will be subject to a minimum fine. If convicted, the defendant will also be subject to community service through a program that benefits children.

At Glasgow & Olsson, we are familiar with all of the case law related to enhanced DUI penalties for driving with a minor child in the car. Not every drunk driving case that involves a minor child results in enhanced sentencing because not every situation involves the same level of danger. After evaluating the unique facts in your case, we can determine the best legal strategy to help you avoid jail time, which is extremely important if you are facing enhanced DUI penalties.

Defending Against DUI Charges

Whether you are facing a DUI charge or a DUI charge along with another criminal charge, you need help from an experienced lawyer as soon as possible. At Glasgow & Olsson, we know that when you need help, experience matters. No matter how serious the charges are that you currently face, you deserve a lawyer who will fight for your rights. Contact our law firm today to schedule your initial consultation.

Arrests for Gun Charges are on the Rise in Cook County

It is no secret that violent crime is on the rise in Chicago. Many people all over the city are facing charges for unlawful use of a weapon. The scary truth is that anyone can be charged with this crime, even when they have not unlawfully used a weapon at all. Anytime someone else uses a weapon that is owned by or registered to you, your freedom will be on the line because you will be facing criminal charges.

Arrests for Gun and Weapons Charges Have Increased in Chicago

Anyone in Chicagoland who owns or uses a weapon can face weapons charges. In May and June, weapons-related arrests increased sharply compared to previous months. During the months of May and June, police officers arrested over 500 suspects for weapons-related offenses. The number of arrests in these months was the highest of any month since January of 2014.

This data is interesting because arrests overall are lower than arrest rates before the coronavirus pandemic began. The only category of arrests that have increased since the coronavirus pandemic began is gun charges. David Brown, Superintendent of the Chicago Police, has told his departments to emphasize making gun arrests as part of a strategy to prevent violent shootings.

Police Officers Will Continue to Focus on Gun and Drug Arrests

The overwhelming violence in Chicago has become national news, with shootings up 45% from the same time in 2019. Superintendent Brown stated that law enforcement officers will be focusing on gun and drug arrests, which he stated are the “precursors to violence in Chicago.” He also asked prosecutors and judges to keep those arrested for gun and drug charges in jail over the weekend.

Civil rights advocates have pushed back against his remarks, contending that no suspect should be held unnecessarily after facing charges. Data from the state’s attorney’s office suggests that many people who have been arrested are being held in jail. According to that data, nearly two-thirds of suspects arrested for gun charges since March 1 needed to pay cash to get out of jail. On average, suspects being held on gun charges need to pay $3,400 to be released before trial. Others are being released with electronic monitoring devices in efforts to implement bond reform.

What to do if You are Facing a Gun Charge in Chicago

If you are facing gun charges, you are likely overwhelmed and unsure of what to do. Will you be held in jail for days? Will you be released right away? Your best move anytime you are facing charges is to call a criminal defense attorney who can make sure your rights are protected.

Contact an Experienced Lawyer

The most important thing you can do if you have been arrested on a gun or weapons charge is to contact an experienced criminal defense lawyer. When you need an attorney, experience matters. At Glasgow & Olsson, we have a proven track record and we are ready to discuss your charges with you. Contact our Schaumburg criminal defense law firm today to schedule your initial consultation.

Does Illinois Recognize the Castle Doctrine?

A St. Louis, Missouri couple is facing charges after waving their guns at protesters outside of their homes. The couple claims that protesters broke down the gate leading into their home and were gathered outside of their front door. The incident has been an incredibly popular media story, with many people pointing out that they had every right to protect their home, and that a mob does not have the right to charge someone’s personal property. The couple is facing serious criminal charges for the incident, but the Missouri Attorney General has said that he has entered the case and is seeking a dismissal of the charges under the castle doctrine.

The Castle Doctrine Gives Us a Right to Defend Our Own Property

The castle doctrine is a historic legal doctrine that allows a person to use force in self-defense to protect his or her home. Illinois recognizes the castle doctrine with some caveats. There is no castle doctrine in Illinois’ statutory law, but there are multiple statutes that together form a modified castle doctrine. In the wake of recent civil unrest, many Illinois homeowners are wondering what they can legally do to protect themselves and their homes.

Defense of a Person

A person can use force to defend him or herself or another person under Illinois law, but only “when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.” 720 ILCS 5/7-1(a). The use of deadly force is only justified to prevent imminent death or great bodily harm to yourself or another or to prevent the commission of a forcible felony.

In other words, if you use force to protect yourself, you will need to show that someone else was going to use unlawful force against you and that the threat was imminent. For example, if someone threatened you an hour ago, but then walked away, you cannot use force against that person. You can only use force against threats that are happening to you right now.

Defense of Your Home

In Illinois, you can use force against another person when you reasonably believe that using force is necessary to prevent or stop someone’s unlawful entry into your dwelling. A dwelling is defined as a home in which you sleep at night. If you use deadly force to defend your dwelling, you will need to prove one of the following:

A person or people entered your home in a violent, riotous, or tumultuous manner, and you reasonably believe that deadly force is necessary to prevent violence or an assault to someone in your dwelling, or
You believe that deadly force is necessary to prevent a felony in the dwelling

Illinois statutory law allows you to use deadly force to protect your home in very narrow and serious circumstances. Rioters breaking through your gate and into your front yard would likely not justify using force as Illinois does not condone the use of deadly force to protect property.

Contact Our Experienced Criminal Defense Lawyer

As riots continue throughout our cities, homeowners are more concerned than ever about protecting their families and homes. If you are facing criminal charges for protecting your home or your loved ones, we can help. Contact the Schaumburg criminal defense lawyers today to schedule your initial consultation.