Posted on August 10, 2023 in Criminal Defense

In 2021, the Illinois General Assembly passed the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, which made a number of reforms to the state’s criminal justice system. Some of the most notable changes were known as the Pretrial Fairness Act, which eliminated cash bail for people who are arrested and charged with crimes. While this provision was originally meant to go into effect on January 1, 2023, legal challenges have been raised, and courts halted the implementation of these changes to the law. However, a recent ruling by the Illinois Supreme Court will allow the law to go into effect.

On July 18, 2023, the Illinois Supreme Court ruled that the Pretrial Fairness Act is constitutional. The court stated that the provisions of the law maintain the balance between the rights of criminal defendants and the rights of crime victims that is required by the Illinois Constitution. The stay on the implementation of the Pretrial Fairness Act will be lifted on September 18, 2023, and as of that date, cash bail will be abolished in Illinois.

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 Posted on July 11, 2023 in Criminal Defense

Incarceration, as a form of punishment and rehabilitation, has been a widely used approach in the criminal justice system for centuries. The primary objective of placing someone in jail or prison is to deter them from engaging in criminal activities in the future, protect society from potential danger from the individual, and provide an opportunity for their rehabilitation. When it comes to incarceration as a way to prevent drug addiction and the crimes associated with addiction, there has been much debate on its actual effectiveness.

The Pros

One argument in favor of incarceration's effectiveness is that it serves as a deterrent to other people who may be considering committing crimes. The fear of incarceration and the loss of personal freedom may discourage individuals from engaging in criminal behavior. The threat of punishment can act as a deterrent factor, preventing some individuals from committing crimes. And since jailing an offender removes them from society, there is the added benefit of protecting the public from any potential harm from criminal acts the offender could engage in if they were still on the streets.

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 Posted on June 08, 2023 in DUI

If you are pulled over by law enforcement for suspicion of driving under the influence (DUI), it's crucial to handle the situation carefully to protect your rights and minimize potential consequences. The following are mistakes that many people make during the encounter that results in further legal trouble than the initial stop itself.

Admitting Guilt or Providing Incriminating Information

When interacting with law enforcement, it is important to remain calm and respectful, but you must avoid admitting guilt or providing self-incriminating information. You have the right to remain silent and can politely decline to answer any questions that may be used against you in court. It is advisable to provide only necessary information, such as your identification, and refrain from volunteering any additional details that could be used against you. Never admit to an officer you have had any alcohol. You should also not agree to let the officer search your vehicle. 

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 Posted on May 09, 2023 in Criminal Defense

If you live in Wisconsin, you are likely aware that the state has some of the strictest drunk driving laws in the country. A driver convicted of operating while intoxicated (OWI) faces serious consequences, including license suspension, high fines, and even possible jail time, depending on their past driving/criminal record and circumstances of the arrest. If you have been charged with drunk driving, make sure you have a skilled defense attorney protecting your rights.

What Is the Legal Limit in Wisconsin?

Under Wisconsin law, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. The state also has a zero-tolerance policy for drivers under the age of 21. Any driver under 21 can be charged with OWI if they have a BAC of 0.02 percent or higher.

There are also different standards if you are a CDL holder. Wisconsin allows a 0.0 BAC percent for CDL holders. A conviction for a BAC of 0.04 percent can result in license suspension and more.

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 Posted on April 11, 2023 in Criminal Defense

Illinois lawmakers are considering a new law that would change how law enforcement is allowed to handle traffic stops that involve the odor of marijuana. Although recreational marijuana was made legal in 2020, driving under the influence of the drug is still illegal and can result in criminal charges and license suspension.

Illinois Traffic Stops

There are a number of rights that protect people from overzealous law enforcement. When it comes to an officer pulling drivers over, the officer must have a legitimate reason for doing so. A driver can be stopped for breaking major infractions, such as speeding or reckless driving, but an officer can also stop a vehicle for what may appear to be minor infractions, such as having a broken brake or taillight. It is often stops for these minor infractions that result in DUI arrests.

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 Posted on March 10, 2023 in Criminal Defense

In 2015, Illinois passed a law that prohibited schools from using fines as a form of discipline for students. Unfortunately, school officials have worked around that law by reporting students directly to law enforcement, who then write out tickets to the referred students for violations such as littering, fighting, littering, possession of vaping devices, using offensive words, theft, and other violations.

Last year an investigation into the practice by the Chicago Tribune and ProPublica revealed just how rampant the practice is. That investigation has led makes to consider a bill that would amend that 2015 law to make it illegal for school officials to continue this practice. If passed, the proposed law would forbid schools from involving police for issues that can be addressed using the institution’s or district’s disciplinary process.

The Investigation

The investigation conducted jointly by the two publications found that almost 12,000 students were ticketed by police for alleged violations committed at school from 2020 through 2022, despite the fact that for a good chunk of that time, students were being taught via distance learning because of the COVID-19 pandemic. Some tickets were for as much as $750 for alleged behavior that should have been addressed by the principal or other school authorities.

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 Posted on January 12, 2023 in Criminal Defense

Among the almost 200 new state laws that were scheduled to go into effect January 1, 2023, was the Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act. The SAFE-T Act provided significant overhauls in several areas of the state’s criminal justice laws. Some of these provisions went into effect in July 2022, but one area – pretrial detention – was not to go into effect until this month. However, a Kankakee County judge’s ruling on a lawsuit filed by state attorneys and sheriffs from 65 counties has put the new law on hold.

Pretrial Detention Under the SAFE-T Act

Under the new law, cash bail in Illinois is abolished. This provision of the SAFE-T Act – referred to as the Pretrial Fairness Act – the following changes are made to the Illinois cash bail system:

• Eliminates money bond in Illinois

• Only defendants accused of qualifying charges will be incarcerated while they await trial. A judge must declare the defendant either a specific threat to another party or they pose a high flight risk

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 Posted on December 01, 2022 in Domestic Battery

There is no denying that domestic violence is a serious problem in Illinois and across the country. Data shows that more than 40 percent of women and 25 percent of men in Illinois have experienced intimate partner abuse. However, domestic violence advocates believe those numbers are actually higher because many survivors do not report that abuse. However, not every allegation of domestic violence is founded in truth. 

Domestic violence is a crime and perpetrators who are found guilty face significant penalties. In Illinois, domestic violence is a Class A misdemeanor and a conviction can mean up to 12 months in jail, a fine of up to $2,500, and mandatory counseling.

However, just like all criminal charges, a person who is accused has the right to fight the accusations and even avoid a conviction if it can be proven they are not guilty. The following are some of the defense strategies that a skilled criminal defense attorney may use to obtain a not-guilty verdict, a reduction of charges, or a possible dismissal of charges.

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 Posted on November 21, 2022 in Domestic Battery

Domestic violence is a serious issue that affects millions of people every year. If you have been accused of domestic violence in the State of Illinois, it is important to understand your rights and seek legal counsel. An experienced domestic violence defense attorney can provide invaluable advice and guidance in navigating this difficult situation.

What Is Domestic Violence?

In Illinois, domestic violence is defined as any physical abuse, harassment, or interference with personal liberty between family members or individuals who have had an intimate relationship. Domestic violence is not just physical abuse; it can also include threats, isolation, economic control, and emotional manipulation.

Illinois Laws Regarding Domestic Violence

In most cases, someone arrested for domestic violence will be charged with domestic battery. This charge involves violence or threats of violence against a domestic partner or family member. Specifically, domestic battery is defined by Illinois law as the intentional or knowing causing of bodily harm or physical contact of an insulting or provoking nature. Depending on the severity of the offense and whether any weapons were involved, domestic battery can be charged as a misdemeanor or a felony.

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 Posted on May 19, 2022 in Traffic Law

Aggravated Speeding Charges in Lake County Illinois—What should you do?

So, you have been pulled over in Lake County, Illinois. It’s a big one. Maybe you were going twice the limit. Maybe you hit triple digits on the radar gun. Maybe your recent driving record isn’t spotless. Is there any hope to avoid a suspension?

There most definitely is. At the Law Offices of Matthew R Gebhardt, P.C., we handle high speeding matters every day for people with all kinds of driving history. There are many options available to you to avoid license suspension and jail time on your aggravated speeding charge.

The best course of action is to call our office immediately for a no hassle, free consultation to discuss all of your options.

We handle matters in the Mundelein, Park City, Round Lake Beach, and Waukegan courthouses on a daily basis.

Call now for a free consultation.

Whether you are charged with a misdemeanor, felony or DUI in Lake County, Illinois, it is imperative that you retain legal counsel to provide you with the best defense possible. At the Law Office of Matthew R. Gebhardt, P.C., Mr. Gebhardt’s experience as a former prosecutor means that you’ll have access to the best knowledge and education on your side -- an informed and experienced DUI and/or Criminal Defense lawyer working for you at every step of the way. Mr. Gebhardt draws upon his prior experience as a prosecutor to anticipate how the State will present their case against you. He can then determine what defenses will be most likely to prevail and concentrate his efforts in those areas.

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