Posted on March 27,2015 in Criminal defense lawyer

The Fourth Amendment protects individuals from unreasonable search and seizures of their property by law enforcement. In most cases, police are required to obtain a warrant before they are allowed to search. However, the amendment does not guarantee against all search and seizures without a warrant. There are situations where the courts will allow evidence obtained without a warrant to be admitted.

Exceptions to a warrantless search of a person’s home are as follows:

• The police have been given permission to search;
• The person has already been arrested, and the house has been deemed in the person’s control. This is legally referred to as “search incident to arrest (SITA)”;

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 Posted on February 27,2015 in Criminal Defense

According to the White House Office of National Drug Control Policy, “prescription drug abuse is the fastest-growing drug problem in the Nation.” On the state level, Illinois recognizes the seriousness of the situation as well, having already implemented a statewide Prescription Monitoring Program to help doctors and pharmacies identify potential issues quickly. In addition to the obvious dangers of abusing prescription drugs, doctors are also acutely concerned that many who abuse prescription medication will eventually turn to heroin, cocaine, or other illegal substances.

The Illinois State Medical Society addressed this concern recently to the Illinois House Task Force on the Heroin Crisis, a bipartisan group formed to look for solutions to a growing problem. Recognizing the usefulness of the Prescription Monitoring Program (PMP), the doctors’ group presented a 30 page proposal to the task force that, in essence, would strengthen the program and more easily identify “doctor shopping” and other drug-seeking behavior.

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 Posted on January 16,2015 in DUI

Since the beginning of the New Year, law enforcement officers have a new tool to collect evidence against DUI suspects in nearby Lee County. Although Illinois is an implied consent state, which means that drivers gave consent to a chemical DUI test when they signed their drivers’ licenses, motorists can still refuse to take a breath, blood or urine test when asked to do so. In that case, the officer needs a search warrant to perform the test.

Lee County police have now worked out an arrangement with the State’s Attorney’s office to obtain search warrants electronically in as little as 20 to 30 minutes. For now, the new policy applies only to felony DUIs and those with aggravating circumstances, such as minor children in the car or a motor vehicle accident.

In 2014, there were three fatal reckless homicides involving alcohol and drugs in Lee County.

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 Posted on January 12,2015 in Uncategorized

Lake County Retail Theft Lawyer

Lake County, Illinois Retail Theft Attorney Matthew R. Gebhardt examines the offense of Retail Theft and its penalties under the laws of the State of Illinois.

Retail theft, or shoplifting, can seem like a minor crime, but it’s not. Convictions for retail theft can have serious and lasting negative consequences. Depending on the value of the item stolen, shoplifting can be charged as an ordinance violation, misdemeanor or a felony in Lake County, Illinois. Convictions can result in fines and jail time. Additionally, retail theft is considered a “crime of moral turpitude,” which can negatively impact citizenship status.

Definitions of Retail Theft

The “traditional” retail theft occurs when a person knowingly:

(1) Takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise.

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 Posted on January 12,2015 in Real Estate

Illinois Real Estate Attorney Matthew R Gebhardt discusses the contract negotiating process in Illinois.

So you have found your new home. Next step is to sign the contract and go to the closing right? Unfortunately, buying a home is usually not that simple. In this series of blog posts, Illinois Real Estate Lawyer Matthew R Gebhardt will examine the process of home buying in Illinois from start to Finish.

Part 1:

Contract Negotiation

Once you find the property you wish to purchase, you will have to make an offer. Many things must be considered when determining what amount to offer for a property. Some of the most important are:

1. Property Condition
2. Property Tax Amount
3. Schools and amenities near the property.
4. Commute time to work and schools
5. Neighborhood crime statistics
6. Utility bills
7. Association dues if applicable

Once you have taken all of the above into consideration, you should base your offer on a figure that assumes you will receive no further concessions from the seller. Often times buyers assume a seller will fix a leaning fence or repair bad plumbing. Do not make this mistake. Your offer should assume that you are buying the house in “as-is” condition. Do not make the mistake of over-inflating your offer by 10 thousand dollars because you assume the seller will be undertaking repairs or offering you repair credits. Make and offer that you are comfortable with assuming you are buying the house “as-is”.

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 Posted on December 20,2014 in DUI

A DUI conviction in Illinois can mean a licenses suspension of up to one year for a first offense. However, if you agree to have a Breath Alcohol Ignition Interlock Device installed in your vehicle, you can stay on the road.

How It Works

Colloquially known as a “blow and go,” a BAIID is essentially a portable breathalyzer that is connected to the vehicle’s ignition switch. A fuel cell inside the device analyzes the driver’s breath sample. If the alcohol concentration is above a predetermined level, the fuel cell triggers a relay to remain open, and the vehicle will not start. In Illinois, as in most other jurisdictions, that “predetermined level” is .025.

Additionally, the driver must submit to random rolling retests. Generally, for safety reasons, the car does not stop right away in the event of a failure, but it will not restart after the ignition is turned off.

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 Posted on November 27,2014 in Criminal defense lawyer

"This is my damn block!" Along with a string of other expletives, these were the last words that a 24-year-old woman heard when she was walking home with her friend on a warm summer night in 2013.

Immediately thereafter, a young man and about ten other people savagely beat the two women. The 24-year-old woman suffered a broken rib along with serious cuts and abrasions. Last month, the lead attacker pleaded guilty to two counts each of hate crimes charges and aggravated burglary. He was sentenced to three years in prison.

Local authorities aggressively prosecute hate crimes. The Cook County State’s Attorney’s office has taken 44 people to court under the hate crimes statute since 2011.

Hate Crimes

During this crackdown, criminal defense attorneys have defended clients in a wide range of circumstances, from attacks on individuals to acts of vandalism against groups of people.

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 Posted on October 31,2014 in Illinois attorney

Rolling Meadows criminal defense lawyer, DUI defense The Illinois State Police Department has joined with the state’s Department of Transportation with renewed efforts to reduce the number of drunk driving incidents on the road. Their campaign “Drive Sober or Get Pulled Over” focuses on raising awareness about the dangers of drinking and driving.

The most recent twist on the campaign involves a familiar face for fans of the popular tv show “The Walking Dead.” Social media also plays a big part in these efforts to share the message with drivers commonly associated with drunk driving incidents, such as college students.

The number of fatal drunk driving accidents have reduced since last year, according to a DOT law enforcement representative, but there has still be an estimated 1,000 people over the past fours years who have died as a result of alcohol-related crashes in Illinois.

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 Posted on September 22,2014 in Uncategorized

Suspended License Downers Grove Courthouse—Downers Grove Traffic Attorney

Experienced Illinois Suspended License Attorney

Driving with a suspended license is typically a misdemeanor in the State of Illinois. There are some aggravating circumstances that can cause it to become a felony, however. Either way, this charge can seriously jeopardize your driving privileges and may even lead to jail time following your appearance at the Downers Grove courthouse. At the The Law Offices of Matthew R. Gebhardt, P.C., we take these charges seriously and strive to protect our clients’ rights, freedom and driving privileges.

Defending Driving with a Suspended License Charges at the Downers Grove Courthouse

To the untrained eye, charges for driving with a suspended license can seem pretty cut and dry. Either your license is suspended or it’s not. Either you were driving or you weren’t. In truth, however, there are many ways our firm can help you improve your outcome if you are facing this charge.

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 Posted on September 22,2014 in Uncategorized

Suspended License Glendale Heights Courthouse—Glendale Heights Traffic Attorney

Experienced Illinois Suspended License Attorney

Driving with a suspended license is typically a misdemeanor in the State of Illinois. There are some aggravating circumstances that can cause it to become a felony, however. Either way, this charge can seriously jeopardize your driving privileges and may even lead to jail time following your appearance at the Glendale Heights courthouse. At the The Law Offices of Matthew R. Gebhardt, P.C., we take these charges seriously and strive to protect our clients’ rights, freedom and driving privileges.

Defending Driving with a Suspended License Charges at the Glendale Heights Courthouse

To the untrained eye, charges for driving with a suspended license can seem pretty cut and dry. Either your license is suspended or it’s not. Either you were driving or you weren’t. In truth, however, there are many ways our firm can help you improve your outcome if you are facing this charge.

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