dirmantas law

Areas of Practice

Driving under the Influence

The penalties for driving under the influence depend on whether there are prior DUI offenses and how many. It’s a felony if you are charged with DUI while your license is suspended or revoked or if you did not have valid insurance at the time of the stop. Felonies will also be charged if you have a prior felony DUI conviction, a hit and run accident, or causing an accident that resulted in injuries or fatalities. In most arrests for a DUI, whether a misdemeanor or felony, there may be an automatic license suspension for a specified amount of time.  DUI penalties:

• Jail or prison, probation and large fines
• Court ordered alcohol programs and drug testing
• Suspension or revocation of a driver’s license
• Vehicle ignition locking device

Burglary/Robbery

These are examples of theft crimes. Theft crimes can also include many types of criminal activities including shoplifting, identity theft, carjacking, receiving or possessing stolen property, white collar crimes like counterfeiting, fraud crimes, insider trading and embezzlement, and federal crimes, such as identity theft, credit card fraud crimes, extortion, larceny and tax evasion.

In Illinois these crimes will be vigorously prosecuted and can lead to severe and devastating consequences such as:

• Incarceration
• Substantially large fines
• Probation
• Community service
• The requirement to pay Restitution

The legal consequences can result in a criminal record, which can make it very difficult to find or maintain employment, affect student loans, as well as limit your housing options in the future.

Battery

Battery is a Class A misdemeanor offense. It carries maximum penalties of up to 1 year in jail and a fine of up to $2,500. The sentence may include:

• Probation
• Community service and/or counseling
• Incarceration

The crime of battery occurs when there is bodily harm or insulting or provoking contact by any means. It is not necessary to actually touch someone to be charged with battery. This charge is common in fights between two or more people. The police officer may choose to arrest one or all of them, and the prosecution has absolute discretion in who to charge, even if an individual is innocent.

A defense against battery charges may assert that the defendant was acting in self-defense, the defense of another, or defense of personal property. These are affirmative defenses that must be proven by the defendant. It is up to the prosecution to prove beyond a reasonable doubt that he affirmative defenses raised by the defendant are false.

Criminal Damage to Property

Criminal damage to property can be charged as a Class A misdemeanor, or as a Class 1, 2, 3, or 4 felony, depending on the circumstances involved. If the property damage is valued at less than $300, you face a Class A misdemeanor carrying maximum penalties of 1 year in jail and a $2,500 fine. When the property damage exceeds $300, the charges and penalties become increasingly more serious, depending on the value of the property and can be charged as a Class 1 felony if property damage exceeding $100,000 is done to a school, place of worship, or farm equipment. Maximum penalties are 4 to 15 years in prison and fines up to $25,000.

 Drug Crimes

• Possession or sales
• Trafficking or distribution
• Cultivation or manufacturing
• Prescription fraud

The factors that influence the punishment a person receives are the amount of drugs involved and the type, whether the drugs were for personal use or distribution for profit. The presence of minors and use of weapons or violence are other factors that can influence sentencing by a judge. These are serious offenses and the penalties can be significant that can include:

• Incarceration
• Substantially large fines
• Probation
• Community service
• Incarceration
• Substantially large fines
• Probation
• Drug education and rehabilitation
• Incarceration
• Substantially large fines
• Probation
• Periodic chemical testing

A drug crime conviction may cause a loss of personal property, assets, and real property. A drug offender may face deportation for breaking the law.

Sex Crimes

These include:

• Rape
• Statutory rape
• Sexual abuse
• Sexual assault
• Child pornography
• Child molestation
• Prostitution
• Solicitation
• Pimping
• Indecent exposure
• Internet sex crimes
• Failure to register as a sex offender

Sex crimes are very serious offenses. These cases tend to be complicated and the charges are often brought on weak evidence and mere statements made by the accuser. Often times the charges start as allegations from an angry ex-partner. Depending on the severity of the crime, a person can face such penalties as:

• Incarceration
• High fines plus fees
• Probation
• Community service
• Negative impact on your legal record, which can make it very hard to find and maintain employment.
• A lifetime of being ordered to register as a sex offender

Theft Crimes

Theft crimes can include many types of criminal activities including shoplifting, burglary/robbery, identity theft, carjacking, receiving or possessing stolen property, white collar crimes like counterfeiting, fraud crimes, insider trading and embezzlement, and federal crimes, such as identity theft, credit card fraud crimes, extortion, larceny and tax evasion. Consequences can include:

• Incarceration
• Restitution
• Substantially large fines
• Probation
• Community service
• A criminal record, which can make it very difficult to find or maintain employment, as well as limit your housing options in the future.

White Collar Crimes

These include

• Identity theft
• Money laundering
• Insider trading
• Extortion
• Mortgage fraud
• Fraud
• Embezzlement
• Conspiracy
• Racketeering

These crimes are non-violent in nature and generally involve fraud, insider trading practices, embezzlement, cheating consumers, and many other dishonest financial activities. Very often these offenses,  involve a theft of some kind, and the case may be investigated and prosecuted on the federal level, depending on the circumstances of the allegations.

Other Areas of Practice: Boating under the Influence, Expungement, Illinois Secretary of State Hearings, Internet Crimes, Juvenile Crimes, Probation Violation, Reckless Homicide, Traffic offenses, Violent Crimes, Weapon Offenses

Call for Appointment | Consultation