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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 Posted on March 10, 2022 in Juvenile Criminal Defense

Lake Forest Underage Drinking Offense Attorney

As a parent, there are few things worse than getting the call that your child is in legal trouble. You likely feel helpless and anxious for your child’s future, and are not sure of the best way to help your child. One of the best decisions you can make is to speak to a knowledgeable Northbrook underage drinking defense attorney who is well-versed in the Illinois laws surrounding juvenile offenses. Matthew R. Gebhardt understands your feelings and has compassion for your situation. Attorney Gebhardt also realizes that one silly mistake should not negatively impact your child’s future. Juveniles can be charged with most all of the same crimes adults can be charged with, and while the penalties tend to be less severe than those meted out to adults, drinking and driving is the exception.

If your child is facing charges of underage drinking, it is imperative that you speak to Attorney Gebhardt at the earliest possible time for quality representation for the following offenses:

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 Posted on January 21, 2021 in Juvenile Criminal Defense

Juvenile Defense Attorney Serving Waukegan and the Northern Suburbs of Chicago

Illinois was the first state to establish a separate court for children, enacting a court system for juveniles that would soon be emulated by the rest of the nation. While most Illinois juveniles are able to avoid getting into trouble with the law, young people do make mistakes as a part of the growing-up process. One moment of poor judgment, or one bad decision should not be allowed to alter the entire course of your child's future. Despite opinions to the contrary, the vast majority of juvenile offenders are neither violent nor repeat offenders, and most deserve a second chance. If your child has been charged with a criminal offense, you are likely extremely worried about how this arrest will affect his or her future.

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 Posted on January 15, 2021 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.

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 Posted on January 15, 2021 in DUI

Waukegan DUI Defense Lawyer Matthew R. Gebhardt examines the offense of DUI and its penalties under the laws of the State of Illinois.

DUI’s in Waukegan, Illinois can be charged as Misdemeanors or Felonies. We will being with an examination of Misdemeanor DUI’s in Waukegan, Illinois.

Misdemeanor DUI’s in Waukegan, Illinois

Waukegan DUI Defense attorney Matthew R. Gebhardt handles many misdemeanor DUI cases in Waukegan, Illinois. The minimum penalty on a misdemeanor DUI in Waukegan, Illinois is a period of twelve months supervision with alcohol education classes. The maximum penalty on a misdemeanor DUI in Waukegan, Illinois is 364 days in the Cook County Department of Corrections. If you plea or are found guilty after a trial on misdemeanor DUI charges in Waukegan, Illinois, many factors will be considered in determining your sentence. Some of these factors include: number of prior DUI and alcohol related offenses on your record, your criminal history, age, work status, citizenship status and any mitigating circumstances arising out of your case or background.

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 Posted on January 14, 2021 in Traffic Law

Lake County Speeding ticket attorney Matthew R Gebhardt examines the offense of speeding in Lake County, Illinois.

Most drivers have received at least one speeding ticket over the course of their driving history. While your experience with past speeding tickets may lead you to believe that this is a minor issue, the laws in Lake County, Illinois have changed dramatically in recent years. As such, the phrase "it’s only a traffic ticket" no longer applies in Lake County, Illinois. Recent changes to the traffic laws have greatly increased the penalties for speeding in Lake County, Illinois while at the same time lowering the threshold for determining what amounts to the more serious "Aggravated Speeding" charges. Lake County speeding ticket attorney Matthew R Gebhardt is well-versed in these changes and can assist you in preserving your driving privileges.

Lake County speeding ticket lawyer Matthew R Gebhardt has included some of the most recent changes below:

625 ILCS 5/11-601.5 provides that:

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