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What is a sex crime lawyer?

info@caverlawoffice.com (Info Caver) — Thu, 11 May 2023 01:15:55 GMT

Sex crimes are serious offenses that require the attention of a specialized attorney or lawyer. If you have been accused of a sex crime or are a victim of one, it is crucial to seek the help of a sex crime attorney or lawyer.

What is a Sex Crime Lawyer or Attorney?

A sex crime lawyer or attorney is a legal professional who specializes in representing clients accused of sex crimes or victims of sex crimes. They have extensive knowledge of criminal law and are equipped to handle the unique complexities of sex crime cases. They provide legal guidance and representation throughout the criminal justice process, from the initial investigation to the trial and beyond.

Types of Sex Crimes Handled by a Sex Crime Lawyer or Attorney

Sex crimes encompass a wide range of offenses, from sexual harassment and assault to child pornography and human trafficking. Some of the most common types of sex crimes handled by a sex crime lawyer or attorney include:

Sexual assault: This includes any unwanted sexual contact or activity, such as rape, groping, and fondling.

Sexual harassment: This involves unwelcome sexual advances or behavior, including verbal comments, physical gestures, and visual displays.

Child sexual abuse: This includes any sexual activity with a minor, such as molestation, statutory rape, and child pornography.

Human trafficking: This involves the recruitment, transportation, or exploitation of individuals for sexual purposes.

Why Should You Hire a Sex Crime Lawyer or Attorney?

If you have been accused of a sex crime or are a victim of one, hiring a lawyer can make a significant difference in the outcome of your case, which is why we’ve included the reasons to get a sex crime attorney or lawyer.

Protection of your legal rights throughout the criminal justice process, which can ensure that your constitutional rights are not violated, and that you receive a fair trial.

Expert legal advice and guidance throughout the case. They can explain the charges against you, the potential consequences, and your options for defense.

Negotiation with prosecutors on your behalf to reduce charges, seek alternative sentencing, or dismiss the case.

Aggressive defense to protect your rights and reputation. They can challenge the prosecution's evidence and build a strong defense strategy.

Emotional support and guidance throughout the case, and provide a safe and confidential space to discuss your concerns, fears, and feelings.

Sex crimes are serious legal offenses that require the expertise and experience of a sex crime attorney and lawyer. Whether you are accused of a sex crime or you are a victim of one, hiring the right lawyer can make a significant difference in the outcome of your case. Sex crime lawyers and attorneys specialize in representing clients accused of sex crimes or victims of sex crimes. They provide legal guidance and representation throughout the criminal justice process, protect your legal rights, provide expert legal advice, negotiate with prosecutors, and offer aggressive defense and emotional support.

How Does a DCFS Investigation Work?

info@engageyourbiz.com (Engage Team) — Thu, 16 Apr 2020 06:26:19 GMT

How Does a DCFS Investigation Work?

The Illinois Department of Children and Family Services (DCFS) investigates claims of child abuse and neglect within the state of Illinois. No parent wants to get the call that they’re under investigation, but it’s important to take a deep breath and call a skilled DCFS attorney in Rockford, IL if this happens to you. An attorney will be able to help you navigate the investigation and appeal, if necessary.

The DCFS investigation process

DCFS is required to investigate all allegations within 24 hours, whether you’re actually guilty or not—the mere fact that you’re under investigation does not mean that the organization will find any evidence of child abuse or neglect. The investigator will determine whether there may have been a crime committed and if the child is in any immediate danger. They will then visit your home to observe the environment, and if there appears to be an imminent threat to the child’s health or safety, they are allowed to remove the child into protective custody.

If the investigator is concerned about the child’s safety but doesn’t see a reason for immediate removal, they may ask the parent to agree to a potential safety plan, which ensures the child stays with someone else, usually a family member, if the circumstances change and they must be removed.

Depending on whether the investigator feels there’s a need to remove the child and/or investigate further, they will then begin a formal investigation. This includes gathering evidence such as photos, interviewing witnesses and getting expert testimony. At this point, the investigator reviews the evidence, looks for conflicts in the testimony and determines whether the evidence supports a conclusion of abuse and neglect. Generally, the standard at this point is to determine whether more or less than half of the evidence supports a claim of abuse or neglect.

Next, the investigator will file a preliminary report, which is reviewed by a supervisor. Should the supervisor feel it’s necessary, they may consult outside resources like experts, other staff members and even attorneys. This helps them evaluate the strength of the case and whether they should proceed.

If the case proceeds, you will have 15 days to ask them to either reconsider the evidence or present evidence or testimony of your own that offers proof of your innocence. DCFS will review the report, and if they find that it’s substantiated, they’ll then make recommendations as to consequences.

Generally, you should cooperate with the investigation, pending the advice of your DCFS attorney in Rockford, IL. For example, not agreeing to a safety plan would send up red flags and potentially send the case to court. It’s important that you speak with a lawyer about the best plan of action, and act accordingly.

Contact a DCFS attorney in Rockford, IL

The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney offers skilled legal representation for DCFS investigations and cases, as well as personal injury and criminal defense legal services. If you need an attorney to guide you through a DCFS investigation, call today to schedule a consultation.

What Are Your Rights During a Traffic Stop?

info@engageyourbiz.com (Engage Team) — Thu, 02 Apr 2020 08:38:39 GMT

What Are Your Rights During a Traffic Stop?

Nearly everyone gets nervous when the police pull them over for a traffic stop, even if they’ve done nothing wrong. Many of us don’t know what, exactly, the police are allowed to do in this situation, and we jeopardize our cases by saying or allowing too much.

This article is an overview of your rights, and if you find yourself accused of a crime thanks to a traffic stop, be sure to stop talking to the police and call a criminal defense attorney in Rockford, IL right away.

Grounds for police to stop and search your car

The Fourth Amendment limits the police from performing unreasonable searches and seizures, and since a traffic stop is considered a “seizure,” they have to have a good reason to do make a stop—in this case, it’s called “reasonable suspicion” that a violation or crime has or is about to occur, and they must be able to point to “specific and articulable facts” supporting that suspicion. For example, blowing through a stop sign is a traffic violation, and weaving in and out of lanes is an indication the driver might be under the influence.

Searching your car without a warrant requires a higher standard, called probable cause—the officer needs to have observed something that leads them to believe a crime has been committed, such as smelling alcohol or marijuana in the car. Traffic violations do not give probable cause to search the car.

You can voluntarily consent to a search, but we recommend that you do not—even if you have nothing to hide. Here are your obligations during a traffic stop:

You do not have to answer questions: You’re not required to answer self-incriminating questions like, “Do you know how fast you were going?” Be polite in your refusal so as not to escalate the system.
You do not have to consent to a search: You are never required to consent to a search. Be sure to verbally refuse consent, but do not try to physically prevent officers from searching your vehicle.
You can verbally refuse consent to a frisk: Similarly, you can verbally refuse consent, but don’t get into a physical altercation.
Your passengers are free to leave unless the police suspect them of a crime: Passengers should ask if they’re being detained or are free to go (if they so choose).
You should ask if you’re being detained or are free to go: Unless the officer has reasonable suspicion or probable cause to believe you committed a crime or violation, you should be free to go.

Criminal defense attorney in Rockford, IL

The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney works on criminal defense cases, including DUI, juvenile defense, DCFS cases and more in the Rockford area. If you’ve been charged with a crime after a traffic stop, you need an experienced lawyer. We’ve been representing Illinois clients since 2011, and will work tirelessly to achieve a positive outcome for you. Call today for a consultation. We look forward to meeting with you soon.

What Is Considered Neglect in the Eyes of DCFS?

info@engageyourbiz.com (Engage Team) — Mon, 23 Mar 2020 16:00:00 GMT

What Is Considered Neglect in the Eyes of DCFS?

The Department of Children and Family Services (DCFS) is a state agency that investigates claims of child abuse, neglect and dependency. If you’ve been informed of a DCFS investigation into your parenting, hiring a DCFS defense attorney in Rockford, IL is imperative—DCFS has the power to remove your children from your home and even terminate your parental rights permanently.

DCFS is duty-bound to investigate all reports of child neglect, abuse and dependency, even if you’ve done nothing wrong. While not all children will be removed from the home (and others are often returned home after the investigation and hearing have conclude), this can still be a terrifying time for parents.

The DCFS definition of neglect

Illinois has codified “minimum parenting standards” with DCFS. If a child’s parent, guardian or caretaker fails to meet these standards, they could be accused of neglect. Neglect may be active or passive, but in all cases, the child’s health is or could be harmed by their parents’ inaction.

Parents must provide, at the very least, proper food, clothing and shelter, as well as “adequate supervision” and medical attention. If your child is going to school in shorts and a t-shirt in the winter, for example, that would be a strong sign that you are not providing proper clothing or adequate supervision—essentially, neglect is a blatant disregard for keeping your child safe and healthy.

Many professionals are “mandated reporters,” meaning that if they see the signs of abuse or neglect, they are legally as well as morally obligated to report it to the proper authorities. In neglect cases, this could be improper clothing, signs of hunger, erratic school attendance, unacknowledged medical issues and more. Law enforcement, medical professionals, school staff, social services and childcare professionals are all examples of mandated reporters.

What happens during a DCFS neglect investigation?

If you’re investigated for neglect, DCFS has 60 days to initiate and complete the process. An investigator will visit the child’s home right away to see if the child is in any immediate danger. If not, they will then start collecting evidence and testimony to determine whether the complaint has any merit.

Should the investigator determine that your child is in danger, they will remove them from your home during the investigation—this is called protective custody. Generally, DCFS doesn’t want to separate parents and children, so removal is considered a last resort reserved for very obvious and serious cases. In most circumstances, if they think your child might be unsafe, they will try to work with you to create a safety plan while the investigation occurs.

Get help from a DCFS defense attorney in Rockford, IL

When DCFS initiates a neglect investigation in your home, you need an attorney right away. The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney specializes in DCFS defense. We will work to preserve your parental rights and fight to ensure you don’t suffer additional consequences as a result of the investigation. Call today to schedule a consultation—we look forward to assisting you.

What Happens if My DCFS Case Goes to Juvenile Court?

info@engageyourbiz.com (Engage Team) — Mon, 09 Mar 2020 16:00:00 GMT

What Happens if My DCFS Case Goes to Juvenile Court?

If you’ve been notified that the Department of Children and Family Services (DCFS) is investigating your family, it can be a very distressing time. What’s worse is when DCFS transfers your case to juvenile court, as that means they are either attempting to remove your children from the home, keep them away from your home or enact and continue court-ordered parenting supervision. Anytime DCFS is involved, you must act quickly to retain a qualified DCFS defense attorney in Rockford, IL—they will be able to guide you through the case and fight to ensure your children remain in your home.

What does DCFS do?

DCFS is designed to protect children from abuse and neglect, as well as parents who can’t properly care for their children, even if that isn’t their fault. While the agency doesn’t want to separate parents and children, that can happen if the juvenile court determines the parents are unfit. When you have been “indicated” in a DCFS case, your name is placed on a state registry of other parents or caregivers who have committed offenses, which is why it’s crucial to hire an attorney as soon as possible.

What happens if my case goes to juvenile court?

Generally, state attorneys will make the determination as to whether a DCFS case can go to court, although any adult can file a petition to do so. In fact, sometimes one parent will file against the other parent to prevent the abusive or neglectful parent from having contact with the child.

DCFS must take the case to juvenile court anytime they are attempting to remove a child from the home, either temporarily or permanently. While they need a court order to do so, they can remove a child first and apply for the court order within 48 hours when necessary.

Juvenile cases can result in the permanent loss of parental rights if there is a finding of abuse, neglect or that the parents do not, will not or are not able to properly care for their child. Hearings can include whether your child should be removed from your home, stay away from your home or whether your child can be returned into your care. Although a lawyer isn’t required, it’s highly recommended that you hire one, given what’s at stake if the state finds against you. If you can’t afford an attorney, a public defender will be appointed, but it’s important to keep in mind that public defenders in many areas are currently shouldering immense caseloads.

You will likely be advised to cooperate with the investigation as much as possible, including attending any court-ordered classes and allowing and cooperating with all assessments. The court will be evaluating your conduct and the circumstances on a holistic basis rather than a single incident.

Hire a DCFS defense attorney in Rockford, IL

The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney specializes in DCFS defense, and will fight zealously to protect your rights as a parent. Call today to set up a consultation, and rest easy knowing you have experience and compassion on your side.

What Happens if You’re Hit by an Uninsured Motorist?

info@engageyourbiz.com (Engage Team) — Wed, 26 Feb 2020 16:00:00 GMT

What Happens if You’re Hit by an Uninsured Motorist?

As you know, car insurance is designed in part to protect you legally and financially if you’re found to be at fault in an auto collision. Motorists are required by law to have auto insurance, but that doesn’t stop some drivers from hitting the road without it. If you’ve been hit by an uninsured motorist, don’t despair—you will likely still be able to recover financial compensation for your damages. However, it’s a smart idea to retain an auto accident lawyer in Rockford, IL to recover the maximum amount—an attorney will be able to identify the relevant areas of law that apply in your case and can help provide evidence to amplify your compensation.

What to do after the accident

Any time you’re involved in a car accident, you should call 911 or the police immediately. Exchange information with the other driver, and if they’re uninsured, get as much information as you possibly can, including their license number. Take photographs of the scene, the damage to your vehicle and their vehicle. If any witnesses are around, ask them for their contact information.

When the paramedics arrive, go to the hospital to get checked out, even if you think you’re fine—some injuries are asymptomatic until hours or days later. When you get home, call a personal injury attorney first, then your insurance company. Your attorney will help you make your statement and begin the claims process.

There is always the possibility that your insurance company will deny all or part of your claim, which is why it’s important to retain an attorney. They’re experts at fighting insurance companies and will aggressively pursue your right to compensation under your policy. Be sure to file your claim as soon as possible—there is often a limited time period in which you can file to recover damages.

Note that an uninsured motorist claim should not raise your premiums, so there is no reason not to file as soon as possible.

Sources of compensation

If the other driver doesn’t have insurance, you’re probably wondering how you’ll receive compensation. Illinois insurance companies often offer uninsured motorist coverage, which ensures that you’ll receive financial assistance for the damage to your car and health whether or not the other driver has insurance.

However, your insurance company may choose to file suit against the uninsured driver as well, so they can recover the amount they paid to you. In addition to civil consequences, the driver could face other legal consequences such as being fined for not having insurance, suspension of their driver’s license, impounding their car and more.

If the accident was a hit and run or DUI, they may face additional criminal charges.

Auto accident lawyer in Rockford, IL

If you’ve been involved in an accident, call the Law Office ofBrendan W. Caver DCFS, Juvenile and Criminal Defense Attorney. Brendan Caver has over a decade of experience litigating personal injury cases, including automobile accident cases. His knowledgeable and accessible style means you’ll get a personalized level of service that can’t be beat. Let us fight for you when you call today for a consultation.

How Do Juvenile Proceedings Differ from Adult Proceedings?

info@engageyourbiz.com (Engage Team) — Wed, 12 Feb 2020 16:00:00 GMT

How Do Juvenile Proceedings Differ from Adult Proceedings?

When minors commit crimes, they’re often referred to juvenile court. While the sentences may not be as severe as those adults might serve, it’s still a court of law. Even children need the help of experienced criminal defense attorneys, particularly because any conviction can have a lasting impact on a minor’s life—sometimes following them into adulthood.

If you need a juvenile defense attorney in Rockford, IL to provide legal representation for your child, be sure to call the Law Office of Brendan W. Caver, Ltd. for representation. Hiring an attorney is necessary for protecting your child’s rights.

Here is an overview of what to expect in juvenile vs. adult criminal proceedings.

Similarities between juvenile and adult proceedings

There are some key similarities between the two levels of legal proceedings. First, the accused is entitled to an attorney. Second, the defendant has the right to assert their Fifth Amendment right against self-incrimination, and can cross-examine prosecution witnesses and call their own. The prosecution must notify the accused of the charges being brought, and the standard of evidence is still “beyond a reasonable doubt,” the highest legal evidentiary standard to overcome.

Differences in juvenile proceedings

Juvenile law has far more differences than adult criminal proceedings, however. First of all, the accused isn’t charged with committing a crime—instead, they’re charged with a “delinquent act,” unless the crime is so severe that they can be tried in adult court.

Proceedings usually happen via bench trial instead of trial by jury. Bench trials have only a judge presiding over the attorneys, witnesses and courtroom staff; the judge hears the evidence and renders the verdict instead of allowing a jury to do so. In fact, a minor does not have the right to a trial by jury unless they are being tried as an adult.

Evidentiary standards in juvenile court are somewhat more relaxed than adult court. Whereas in the adult system the rules must be strictly adhered to, cross-examination and exhibits, for example, don’t require the same procedural standards in juvenile court.

Sentencing, too, is less severe. In juvenile court, the idea is to give the minor consequences that will be to their benefit. This could mean getting them mental health support, assigning them to community service hours or therapeutic assistance.

This does not mean you shouldn’t take juvenile court seriously, however—your minor child is still subject to serious consequences, and you need an experienced attorney to help ensure that justice is served.

Juvenile law in Rockford, IL

When your child has been accused of a crime, there’s no time to waste—you need to call an experienced juvenile defense attorney in Rockford, IL immediately. The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney is ready to help for all of your juvenile legal needs. With over a decade of experience handling juvenile proceedings, Brendan Caver can help your family navigate this stressful time. Call today to arrange a consultation and to discuss the next steps for your case. We look forward to working with you soon.

What Is a Class X Felony in Illinois?

info@engageyourbiz.com (Engage Team) — Fri, 31 Jan 2020 16:00:00 GMT

What Is a Class X Felony in Illinois?

Each state has a different way of classifying felonies. Felonies are typically the most dangerous crimes, and their consequences start with a minimum of one year of jail time. In Illinois, felonies are divided into Classes 1 through 4, and then Class X, which is reserved for the most serious offenses of all.

When you’re accused of a crime, you should immediately reach out to a felony criminal defense attorney in Rockford, IL—even if charges have not yet been filed. Class X felonies carry up to 60 years of prison time, so having an appropriate defense is critical to preserving your freedom.

What are the different types of felonies?

Felony classes start with Class 4 (the least severe) and move up to Class X, which sits above Class 1. Class 4 felonies carry a minimum of one to three years prison time, and cover crimes like unlawful possession of a firearm, aggravated assault, dog fighting and more.

Class 3 felonies increase the jail time from two to five years, and include such misdeeds as incest, perjury, aggravated battery and involuntary manslaughter. Class 2 has a minimum of two to seven years and includes arson, burglary and kidnapping, among other crimes. Finally, Class 1 felonies include a minimum of four to 15 years and covers crimes such as criminal sexual assault, hijacking and discharging your firearm inside a residence.

How is a Class X felony different?

Class X felonies are the worst of the worst, except for first-degree murder. If you’re accused of a Class X felony, you’re looking at six to 30 years of incarceration at a minimum, but that sentence could be extended to 60 years. Typically, Class X felonies are armed felonies like robbery, arson, rape, battery and more—and in fact, if you’re on your sixth DUI charge, you could be looking at a Class X felony. You might be arrested for possession of a controlled substance, and depending on how much of the substance is involved, that could push your charge into Class X territory, too.

Not only do Class X felonies come with a minimum six-year sentence, but after you’ve served your time, you have a minimum three-year supervised release period, and you won’t be eligible for probation—even if it’s your first offense.

If you think you might be charged with a Class X felony, it’s crucial that you retain an attorney as soon as possible. Skilled legal representation could make the difference between a reduced sentence or decades in prison.

Felony criminal defense attorney in Rockford, IL

If you’ve been accused of a crime, you can’t afford not to hire an attorney. When you need serious legal representation, call a lawyer who cares. The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney provides skilled criminal defense representation, whether it’s a felony or misdemeanor in state or federal court. Brendan Caver personally handles your case from start to finish, offering you a zealous defense and passion for your case. Call today to set up a consultation and find out how we can help you.

Recreational Cannabis: What You Need to Know

info@engageyourbiz.com (Engage Team) — Fri, 17 Jan 2020 16:00:00 GMT

Recreational Cannabis: What You Need to Know

As of January 1, 2020, recreational cannabis is now legal in Illinois. Proponents are rejoicing, while opponents are concerned about the negative impact that legal marijuana may have. Whichever side of the issue you come down on, it’s important to note that state law has strict standards regarding marijuana usage. Just like with alcohol, you need to be aware of the rules. That way, you can safely avoid needing to call a criminal defense attorney in Rockford, IL.

Who can use recreational cannabis?

Illinois citizens 21 and up, or those with a special medical marijuana license, may possess and consume a small amount of cannabis. People with medical licenses are allowed to grow a small amount of marijuana, but recreational users may not.

Residents may purchase up to one ounce of “flower” or up to five grams of a concentrate (like hashish or tinctures), whereas visitors may purchase a half ounce, or 2.5 grams of the concentrates.

Where can I use recreational cannabis?

Even though you can legally buy and consume recreational marijuana, it doesn’t mean that you can consume it just anywhere and at any time. Here are the guidelines to responsible cannabis use under Illinois state law:

Use it at home: State law dictates that you can consume your recreational cannabis at a private residence (with certain caveats, covered below). Public use is forbidden, as well as smoking anywhere that is designated a smoke-free area under the Smoke Free Illinois Act.
Keep away from minors: It’s your responsibility to keep cannabis away from minors—so if, for example, your home is a licensed daycare facility, you will not be able to consume marijuana there.
Avoid negligence at work and home: State law forbids you from undertaking any task where the influence of cannabis could lead to negligence, professional misconduct or malpractice. For example, don’t consume recreational cannabis at work, just as you’d avoid drinking on the job.
Don’t smoke and drive: Although many people argue that marijuana is safer than alcohol, you still cannot drive under the influence of cannabis—and you can’t have it in your car, either, unless it’s in a sealed, child-resistant container, in the quantities permitted under state law.
Don’t buy it for ineligible citizens: Just as you can’t legally buy alcohol for minors, you also can’t give marijuana to minors or anyone else who is prohibited from consuming or possessing the substance. Being the “cool” friend or relative isn’t worth it.

Enjoy your recreational cannabis, but be sure to take the appropriate precautions to avoid legal trouble.

Criminal defense attorney in Rockford, IL

The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney has been serving Rockford-area clients since 2011. If you have a cannabis-related case and need skilled legal representation, Brendan Caver can help. He personally handles each detail of your case from beginning to end, and is licensed in both state and federal courts. Whether you have a simple misdemeanor or a complex federal criminal case, you’ll find the experience and tenacity you need here.

What to Do if You’re Injured on the Job

info@engageyourbiz.com (Engage Team) — Tue, 31 Dec 2019 16:00:00 GMT

What to Do if You’re Injured on the Job

It’s understandable to be overwhelmed and upset if you’ve sustained an injury while on the job. In most cases, you’ll file a workers’ compensation claim after getting injured at work, particularly if you’re able to prove the injury was the fault of another person or entity.

In any case, here are some steps you’re going to want to take after you’ve suffered an injury on the job. We recommend working with a workplace injury lawyer in Rockford, IL to make sure you protect yourself and give yourself the best chance of securing benefits:

Report immediately: As soon as you’ve been injured, you should report that injury to your supervisor. You must notify your employer of the injury within 45 days—otherwise, you could be denied benefits. Notifying your employer starts the benefits process as well. It is best to submit this notification in writing so you have clear documentation of the incident.
Get medical attention: Your foremost concern after sustaining an injury at work should be getting healthy again. Everything else is secondary. Even if you think at first that the injury was too minor to merit going to the doctor, you should still make an appointment. Under Illinois workers’ compensation law, all medical expenses are covered by workers’ compensation insurance, so long as you seek reasonable treatment and it’s related to the injury. Going to get the injury checked out by a doctor will be covered, even if it turns out to be nothing. But if it turns out to be a big deal, you’ll be glad you went—there are many circumstances in which you might not notice symptoms until days or weeks later.
Log everything: Keep track of everything related to your injury and treatment to ensure the success of your claim. Write out a thorough account of your injury, including how you were hurt, your recollection of what happened, who witnessed the accident, who you notified and when and how you notified them. Keep track of all changes to your health (positive and negative), all of the times you visit the doctor and all the treatments you engage in. Be as thorough as possible.
Contact an attorney: Working with an attorney who assists clients who have suffered workplace injuries is a great way to maximize the chance of success with your claim. Make sure you give your attorney all of the information you have and keep them up to date on all the details of your case and any changes that occur. They will be able to guide you through the claims process much more efficiently than you’d be able to accomplish by yourself.
Always be honest: In your dealings with your employer, your attorney, your doctor and any insurance adjusters you work with, always be completely honest about what happened and how you’re feeling. Any inconsistencies or falsehoods in your story could result in your benefits being denied. Honesty is always the best policy.

For more information about how to proceed with a workers’ compensation claim in Illinois, contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today to speak with a workplace injury lawyer in Rockford, IL.

What to Know About Slip and Fall Accident Cases

info@engageyourbiz.com (Engage Team) — Tue, 17 Dec 2019 16:00:00 GMT

What to Know About Slip and Fall Accident Cases

We’ve reached the time of year when slip and fall accidents become most common. The weather is cold, and snow and ice will soon cover surfaces all over the Midwest. While these types of accidents can technically occur at any time of the year, they are particularly common during the winter months.

As a slip and fall lawyer in Rockford, IL, when we refer to slip and fall accident legal cases, we mean incidents when someone trips or falls on another person’s property as a result of that person’s or entity’s negligence. The person who fell must have sustained injuries as a result of the fall, and the fall must have been due to that property owner’s negligence for the victim to be eligible to recover compensation in the case.

Determining negligence

A big part of a slip and fall case, then, is determining whether or not the defendant in the case was actually negligent. The victim has the burden of proof to demonstrate negligence on the property owner’s part. A few examples of instances in which the state of Illinois considers a property owner to be negligent include:

Areas that are poorly lit, increasing the potential for injury when it’s dark outside
A failure to maintain stairways, escalators and elevators
A failure to keep walkways, parking lots, flooring or roads dry and free of ice or other substances that could make the surfaces slick
A buildup of debris in thruways that makes it more likely a person will slip and fall
Pavement that has gapped or buckled due to not being properly maintained over time
Falls caused as a result of avoidable workplace dangers that were the fault of the employer or property owner

If it is determined negligence exists in the case, it will be classified as either contributory or comparative. Contributory negligence means the party that slipped and fell is at least 50 percent at fault for the accident, while comparative negligence means that the injured person will be less than 50 percent responsible for his or her fall. If it is contributory negligence, the victim will have a much more challenging path to recovering damages than he or she would in a comparative negligence situation. In any case, the total amount of compensation one receives will be adjusted in proportion to that victim’s amount of fault in the incident.

As to how difficult it is to recover damages in a general slip and fall case, it really varies from case to case. The amount of evidence you have and the kind of circumstances in which the fall occurred will play a big role in your ability to recover damages. Just make sure you file your claim within the two-year statute of limitations after the accident occurs—otherwise, you will be unable to recover any compensation at all.

For more information about how slip and fall cases in Illinois are handled by the state’s court system, we encourage you to contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today. A slip and fall lawyer in Rockford, IL would be happy to answer your questions about the personal injury claim process.

What Should I Do if My Child Is Arrested?

info@engageyourbiz.com (Engage Team) — Thu, 21 Nov 2019 16:00:00 GMT

What Should I Do if My Child Is Arrested?

If your child is arrested on suspicion of committing a crime, you might wonder what recourse you have as a parent to protect them and free them. Here’s a quick overview from a juvenile criminal defense attorney in Rockford, IL of what to do and what not to do after your child is arrested.

Avoid making these common mistakes

Before we get into what you should do, here are a few things you should definitely not do:

Assume their innocence: It’s understandable for parents to want to take their child’s side, and to perhaps be blinded by their emotions and assume their child could not possibly have committed a crime. Sure, there might be a very slight chance your child has been falsely accused, but the greater likelihood is that they actually did commit the offense for which they are being detained. Do not go in with any assumptions about their innocence.
Argue with law enforcement: If you do not show proper respect to police, you could end up making the situation even worse for your child. They’re just doing their job—let them go through the process too.
Assume their eligibility for bail: Minors do not have the same right to bail as adults, which means judges can hold them as long as they want. It’s a good idea to seek legal counsel to get your child free as soon as possible.

Steps you should take

Now that you have a sense of what not to do when your child is arrested, here are some steps you should take:

Know their rights: Here again, working with an attorney can help you understand the rights your child has after an arrest. These rights include a phone call after their arrest, the right to legal counsel, the right to be informed of the charges they’re facing and the right to cross-examine witnesses. As with adults, children cannot be found guilty unless the prosecution can prove the charges beyond reasonable doubt.
Be as calm as possible: It doesn’t help anyone to get angry. Maintaining a calm, professional demeanor will help your position come across better and will reflect better on your child. This is often easier said than done, but it is crucial.
Get support: If your child’s case is going to take a significant amount of time and energy, it can be helpful to find some support to get you through the process. This might include childcare arrangements for other children, counseling services to help you and your child deal with your emotions and support groups for other parents who have had children involved in juvenile court cases.
Retain legal counsel: Working with an attorney experienced in criminal defense and juvenile cases is the best way to ensure you’ll get the best results out of your case.

If you’re interested in learning more about the rights your child has after an arrest and the steps you can take as a parent to protect them, we encourage you to contact a juvenile criminal defense lawyer in Rockford, IL at the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today.

Are Police Allowed to Question My Child if I’m Not Present?

info@engageyourbiz.com (Engage Team) — Thu, 07 Nov 2019 16:00:00 GMT

Are Police Allowed to Question My Child if I’m Not Present?

There are some circumstances in which police might need to question children about their involvement in a crime or what they witnessed when criminal activity occurred. Parents often question whether police are allowed to interrogate their children without them being present, even if their juvenile defense attorney in Rockford, IL is in the room. The answer is yes—though there are some important rules about police questioning that everyone should know.

Police are allowed to approach children, or anyone, and ask them about their involvement in a crime or about their role as a witness. But just as adults are allowed to decline to answer questions, children are also not required to answer. Children, like adults, are also able to request that a lawyer or parent be present. That parent or attorney can then refuse to allow the child to answer questions.

Police should honor the wishes of a child who requests an attorney or a parent, but they are under no obligation to contact parents to obtain their permission before approaching the child to ask questions.

Understanding voluntary statements

If children do decide to talk with police but have not been placed under arrest, they are free to go at any time. However, any voluntary statements they make to police while not detained can later be used against him or her in court, because police did not have to use coercion to extract those statements.

The voluntary nature of these statements is crucial. These statements can only be used against the child when they have been made voluntarily. If the child was forced to answer questions or was tricked into admitting against their will to committing a crime, the statements would then be inadmissible in court, as they would violate the child’s Fifth Amendment rights that protect citizens from bearing witness against themselves.

Keep in mind that the court processes for children can be a bit different than for adults. Most children will not face a full-on criminal proceeding, but will instead have a case in which they’ve committed a crime handled in juvenile court. The stakes in juvenile court are lower—punishments include counseling, probation and community service.

If police do decide to take a child into custody or take action that would make any reasonable person believe they were being taken into custody, any questioning is then considered custodial interrogation. In these circumstances, statements made by the child would only be admissible in court if the child was given his or her Miranda rights, which include the child’s right to remain silent and speak with an attorney. Any evidence gained from questioning without having read the child his or her Miranda rights is inadmissible for court.

As you can see, many of the rules for questioning children are the same as those for questioning adults. As parents, it is important to understand that police do not need to seek out your permission to question your child. An experienced juvenile defense attorney in Rockford, IL can provide additional information about your child’s legal rights. Contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney to learn more.

What Happens if I Appeal a DCFS Decision?

info@engageyourbiz.com (Engage Team) — Wed, 30 Oct 2019 16:00:00 GMT

What Happens if I Appeal a DCFS Decision?

You have the legal right to appeal a Department of Children and Family Services (DCFS) decision made after investigations involving instances of abuse or neglect of your children. If you choose to do so, it is important that you work with a skilled DCFS attorney in Rockford, IL, as they can guide you through the process and help you assert your rights. Here’s everything you need to know about appealing the decision.

Make sure you know the rules

You don’t have a whole lot of time to file an appeal of a DCFS decision—just 60 days. This brief appeal period means you’ll need to act fast on getting legal assistance, which is why it’s generally a good idea to hire an attorney as soon as you find out an investigation will be happening.

You are allowed to represent yourself, but this isn’t recommended, as you do need to have a knowledge of all regulations regarding DCFS appeals as outlined in Illinois state code, title 89 section 336. Additional rules about DCFS reports can be found in section 300.

Get a copy of the file

Within 20 days of filing your appeal, you should receive a copy of the DCFS file. Note that certain information will be redacted, including information about who first made the report to DCFS that prompted the investigation. People who make those reports are entitled to their anonymity.

Set your hearing

You will have an in-person hearing with an administrative law judge within 70 days after you file your appeal. There will be a pre-hearing conducted via telephone a couple weeks before the hearing to ensure everything is fully ready to go. If you wish, you can mandate the attendance of the DCFS investigators who oversaw your case at the hearing. You also have the right to subpoena people to compel their testimony in the case.

The judge who oversees your case will be a DCFS employee. The hearing must be tape recorded for an official record to be preserved.

Get the written report

The administrative law judge assigned to your case has 15 days after your hearing (a total of 90 days after you file your appeal) to generate a written report in your case. Most importantly, this report will feature a determination on whether enough evidence exists to indicate the presence of abuse or neglect based on all the information gathered and heard in the case.

The recommendation from the administrative law judge will be sent directly to the DCFS director, who can adopt that recommendation, modify it in some regards or reject it outright. The director has the final decision here, and that decision will officially end the appeal process for your case.

If the final decision is that there was insufficient evidence to prove abuse or neglect, you can then move to have the report expunged from the DCFS records.

For more information about filing an appeal after a DCFS decision, contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney to speak with an experienced DCFS attorney in Rockford, IL. We’d be happy to answer any questions you have.

What Happens if You’re Contacted by DCFS?

info@engageyourbiz.com (Engage Team) — Wed, 16 Oct 2019 16:00:00 GMT

What Happens if You’re Contacted by DCFS?

Becoming the sudden subject of a Department of Children and Family Services (DCFS) investigation can be an intimidating prospect, but it’s no reason to panic. Before doing anything else, we strongly recommend you contact a DCFS attorney in Rockford, IL to discuss your case and your next steps if DCFS reaches out to you.

Here’s what you should know about dealing with a DCFS investigation.

An overview of the investigation process

DCFS investigations are generally prompted by calls to the DCFS hotline. The person who takes the call will ask questions to gather information about incidents that occur, as well as information about the child’s name, address and type of abuse they’ve suffered. If the description of the incident meets the guidelines for an investigation, the hotline worker will pass along the information for the investigation to begin.

It is important to keep in mind that a DCFS investigation is not a criminal investigation. However, a DCFS investigation could occur at the same time as a police investigation into the same issue, meaning you can expect police and DCFS to work together when appropriate. This means anything you say to DCFS could be relayed to the police, or vice versa. However, remember that just because DCFS comes calling does not mean you will lose your child, or that the agency has already determined abuse occurred.

There is a 60-day window for DCFS investigators to complete a formal investigation. These investigations will determine whether there is any reliable evidence a child has been neglected or abused, if there is any risk associated with the child staying in his or her current home and if there is anything DCFS can do to help the family, such as recommending or providing surfaces in the area.

How do DCFS investigators gather evidence for their cases?

After the investigator first visits the home, they will begin to search for evidence of abuse in other places. You can expect them to conduct interviews with a variety of potential witnesses, including the person who called the hotline to begin with, the person who has been accused of neglecting or abusing the child, the child themselves and any teachers, family members or other people who might have insight into the abuse allegations or the child’s behavior and safety.

There is specific protocol in place the investigator must follow during the course of his or her investigation. This protocol is the Child Endangerment and Risk Assessment Protocol (CERAP). Depending on the circumstances, that protocol could recommend visits to the child’s home or any other place where the child visits, including places where alleged abuse or neglect may have occurred.

In the event that the child’s home is found to be unsafe, the first step the investigator is likely to take is arranging a safety plan with the parent. However, if the investigator believes the safety plan would not resolve the issue, they have the power to remove the child from the home to take them into protective custody.

For more information about your legal rights and the steps you should take if you’re subjected to a DCFS investigation, contact an experienced DCFS attorney in Rockford, IL at the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney.

Know the Consequences of Misdemeanor Classes

info@engageyourbiz.com (Engage Team) — Tue, 24 Sep 2019 16:00:00 GMT

Know the Consequences of Misdemeanor Classes

Are you familiar with the consequences of misdemeanor class crimes? If you are accused of or arrested for a misdemeanor, it’s important to know what your future might hold. You need to know how to proceed for personal defense and future planning.

Here’s a breakdown of misdemeanors in Illinois. For additional information, contact your experienced misdemeanor counsel in Rockford, IL.

Misdemeanor vs. federal crimes

When charged with a misdemeanor, the charges will be much less severe than Federal criminal charges. The maximum penalties are much lower. For a misdemeanor crime, you can serve a maximum of one year in jail. This sentence will be carried out in a county jail. Felonies come with a potential for longer sentences, which are served in state prison.

Misdemeanor classes

Misdemeanor crimes are broken into three classes:

Class A misdemeanor: This is the most common misdemeanor in Illinois. It is also the most serious. If convicted of a class A misdemeanor crime, you can pay up to $2,500 in fines and spend up to one year in county jail.
Class B misdemeanor: This class of crime results in a maximum fine of $1,500. For a Class B misdemeanor, you can spend up to six months in county jail.
Class C misdemeanor: This is the least common type of misdemeanor in Illinois, and is the lowest class. The maximum fine for this type of crime is $1,500, and it is penalized by up to 30 days in county jail.

Sentencing for misdemeanors

Of course, the consequences listed above are the maximum penalties. There are other possible sentences for misdemeanors, which are also very common. The four potential sentences are jail time, probation, conditional discharge and court supervision. The most common of these is court supervision. With this sentence, you do not serve any jail time. You would plead guilty to the charge and complete specific tasks required by the court to make amends, such as drug or mental health treatment. Once you complete these conditions, the charge is dropped.

Legal defense

The details of your case greatly affect the charges and potential consequences. It’s crucial to have quality misdemeanor counsel in Rockford, IL as you go through this process. Consult with an experienced defense attorney to ensure your rights are protected and you are able to obtain the best outcome possible for your situation. An attorney will keep you informed of your options and provide solid counsel to work through your misdemeanor charges. You don’t want to try to go through this alone. If you’re charged with a misdemeanor, contact an attorney as soon as possible.

Experience matters

When seeking legal help, experience matters. The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney focuses on felony and misdemeanor DUI cases, criminal defense, DCFS and juvenile litigation in Illinois courts, as well as federal white-collar and complex criminal defense in the United States District Court for the Northern District of Illinois. Call the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today to work directly with an experienced federal trial lawyer who has the experience and knowledge required to advocate for you.

Advice for Reaching Beneficial Slip and Fall Settlements in Rockford, IL

info@engageyourbiz.com (Engage Team) — Sat, 14 Sep 2019 16:00:00 GMT

Advice for Reaching Beneficial Slip and Fall Settlements in Rockford, IL

If you’ve recently suffered an injury in a slip and fall accident, it can be in your best interest to file an injury claim against the liable party—likely the owner or manager of the property on which you had your accident. The vast majority of these types of cases settle long before they would reach court, so it’s important to know how you can set yourself up for success when heading into settlement negotiations.

By working with an experienced personal injury attorney, you can give yourself a much better chance of getting good results out of your slip and fall settlement in Rockford, IL. Here are just a few of the factors that will likely play a role in your case.

Damages

What were the damages to the plaintiff in the case? These are the losses you experienced as a result of your accident. Consider any medical bills you racked up to treat your injury and any income you lost while out of work, for starters. It’s easier to come to a solid determination of the amount of money you lost here.

Some other types of losses are not quite as concrete or tangible. For example, you have a right to seek compensation for the pain and suffering you experienced, but this can be a bit harder to quantify. In many cases, the amount you seek here will be an educated guess based on the types of awards the court has given in the past. In addition, if you expect long-term ramifications from your injury, the costs of future medical bills and rehabilitation can also be difficult to determine, especially if you’re unsure what your maximum improvement will be.

Effects on the patient

The type and extent of injuries you suffered will also play a big role in what you can expect to get in a settlement with the defendant, but you should also make sure to emphasize how those injuries will affect you in your everyday life. Will they prevent you from continuing to work in the same capacity at your job? Will they prevent you from being able to participate in some of your favorite activities or hobbies? Will you be able to argue that your quality of life has been and will be diminished because of the injuries you sustained? It’s important to consider all of these questions, as the answers will have an impact on how much money you can expect to recover in a settlement.

The jurisdiction

Where did you file the lawsuit? Depending on the history of how damages are awarded in that area, this could affect what you can expect in a settlement. Juries in rural areas tend to award lower damage amounts than juries in more urban areas, so that could factor into how much you end up getting in your settlement.

These are just a few factors to consider when pursuing slip and fall settlements in Rockford, IL. Contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today for more information.

Tips for Driver’s License Reinstatement in Rockford, IL

info@engageyourbiz.com (Engage Team) — Tue, 10 Sep 2019 16:00:00 GMT

Tips for Driver’s License Reinstatement in Rockford, IL

Has your driver’s license been suspended? Are you looking for ways to get that card back in your wallet as soon as possible? Lack of driving privileges can be detrimental to careers and relationships, so it’s good to know how to achieve driver’s license reinstatement in Rockford, IL to get your life back on track.

If your license has been suspended, take the following steps. For additional assistance, contact a local attorney who specializes in driver’s license reinstatement in Rockford, IL.

Read the Fine Print

Don’t simply file away your suspension notice (or angrily toss it in the trash). Read it, then read it again, carefully. The notice indicates how long your license will be suspended. It also explains any stipulations attached to the suspension that you must complete before your license will be reinstated. Keep this paperwork on hand throughout the process of driver’s license reinstatement in Rockford, IL as a reference.

Go to Class

Consider taking a defensive driving course. They are usually offered frequently and at low cost. This may or may not be required by the terms of your suspension, but it’s a good idea either way. It may help you get your license back, and it can help protect your insurance rates.

File an SR-22

An SR-22 certificate proves to the state that you have the required amount of car insurance. With this on file, your insurance company guarantees to the state that you maintain this coverage. If you do not, they will notify the state. Filing an SR-22 is fairly simple and affordable, and it’s possible even if you don’t currently own a car. You can obtain liability-only insurance for when you drive other people’s vehicles.

Pay Up

Don’t try to avoid the fees associated with your suspension. Driver’s license reinstatement in Rockford, IL always involves paying fees. Check the suspension notice to verify the amount that you owe. You can also check the Secretary of State’s website for a schedule of fees based on your specific violation. If you aren’t sure how much you owe, you can contact their office to confirm the amount. Don’t delay this task—the sooner you get the debt paid, the better.

Be Patient

After you’ve taken the necessary steps for driver’s license reinstatement in Rockford, IL, you may have to endure a waiting period. It takes time to process the paperwork. This may take up to two weeks to complete. Do not try to drive before your official reinstatement. Even if you’ve paid the fines and met any other requirements, until it is official, you’ll be in violation. Driving while your license is suspended could result in more violations and make matters much worse.

In Your Corner

Do you need assistance with driver’s license reinstatement in Rockford, IL? When seeking legal help, experience matters. The Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney specializes in felony and misdemeanor DUI cases. Everything is personally managed by Brendan Caver, who has the unique and singular focus you need to get your voice heard. Call the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today to work directly with an experienced federal trial lawyer who has the tenacity needed to advocate for you.

DUI Tips from Legal Experts

info@engageyourbiz.com (Engage Team) — Sat, 31 Aug 2019 16:00:00 GMT

DUI Tips from Legal Experts

Are you facing charges of driving under the influence? There are many people who have been charged with DUIs who believe it’s a waste of their time and money to hire an attorney, especially if the facts of their case are straightforward and point to their guilt.

However, there are plenty of defenses and legal strategies available to you that can at least help you minimize some of the consequences you might face as a result of your DUI arrest, if not get you off entirely. Only attorneys with experience practicing in DUI law can implement these strategies in your case, and help shield you from consequences you might not otherwise have known you could avoid.

There are public defenders available for people who cannot afford a private attorney. When a public defender isn’t available, a panel attorney (a private attorney paid by the courts) may be made available for your case. However, it can be difficult to get the full attention of public defenders and panel attorneys, so if you have the opportunity to hire a dedicated private DUI lawyer for your case, it can behoove you to do so.

Here are just a few of the issues you should take into consideration when searching for private legal counsel in Rockford, IL to handle your charges of driving under the influence:

Specialization: Does the attorney have a demonstrated history of focusing on DUI law? There are plenty of criminal defense attorneys or other general practice attorneys who could technically represent you, but you’ll get the best results out of working with an attorney who makes DUI law a clear focus in their practice. It’s better to have someone on your side who handles these kinds of cases all the time, rather than someone who just takes an occasional DUI case here and there.
Experience: You’ll at least want to pay some attention to the level of experience your potential attorney has. Sure, there are some attorneys who are new to practicing law who will deliver outstanding service, but you can feel much more comfortable in knowing you’ll get good service from someone who has been practicing DUI law for quite a few years now. If they’ve been doing it for so long, they’re clearly doing something right.
Consultations: It’s a good idea to choose an attorney that will offer you a free consultation. This initial meeting gives you a chance to get to know your attorney and other people who will be working on your case. An in-person meeting can give you a little more peace of mind and help you feel comfortable with entrusting them with your case.
Strategies: Do you want your case to go to trial, or do you expect your case to end with a plea bargain? The kind of strategy you take with your case will also likely influence your decision on which attorney you work with.

For more information about selecting private legal counsel in Rockford, IL to handle your DUI case, contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney today.

What to Do After a Car Accident

info@engageyourbiz.com (Engage Team) — Thu, 18 Jul 2019 16:00:00 GMT

What to Do After a Car Accident

The moments after you’ve been involved in a car accident can be understandably nerve rattling. However, the steps you take in the immediate aftermath are important not only for your own personal safety, but also for protecting you and ensuring the success of insurance claims and potential injury lawsuits.

Here is a quick overview of the steps you should take after you’ve been involved in a car accident. Reach out to a criminal defense attorney in Rockford, IL to learn more:

1. Get to safety:

If your vehicle is capable of being operated, pull it over safely to the side of the road and out of traffic. Depending on the severity of the accident and type of collision, this may or may not be possible.

2. Check for injuries:

Check yourself and any passengers in your vehicle to see if anyone sustained any injuries. Your first priority should be to assist anyone who is hurt.

3. Call for help:

Summon the police to the scene, and if anyone was injured, make sure you call for medical attention as well. If there are bystanders in the area and you need some help while waiting for law enforcement and medical responders to arrive, don’t be shy about flagging them down.

4. Collect information:

While waiting for police to arrive, go and talk to the other driver and collect basic information such as name, address, contact information, insurance policy information, driver’s license number, vehicle license plate and vehicle identification number. This information will be critical when processing an ensuing insurance claim.

5. Take photos:

This is another step you can take while waiting for police to arrive, and even after they arrive and begin work on sorting out what happened. Take photos of the damage to both vehicles, being sure to get shots from several different angles and distances. Be sure to also get photos of any glass or debris strewn throughout the area, as well as the conditions of the site in general. Was the road slick? Was a stoplight malfunctioning? Did the accident take place in a construction zone? These are some of the kinds of conditions you’ll want to capture in photos.

6. Talk to police:

When talking to police, answer their questions directly and make sure you stick to the facts. You don’t want conjecture to enter the police record, and you absolutely do not want to take responsibility for anything. That goes for when you’re speaking to the other driver(s) involved in the accident, as well—even an apology or a simple “I didn’t see you coming!” could be construed as you taking responsibility for the accident, and if anyone else hears you say that, it will be detrimental to any case you have.

7. Follow up with insurance:

After you’ve gotten home from the accident site and have had some time to relax, be sure to follow up with your insurance provider, inform them of the accident and provide them with all the information you gained so the claims process can begin.

For more information about the steps you should take after an accident, contact a criminal defense attorney in Rockford, IL at the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney.

Tips for Avoiding a License Suspension After a DUI

info@engageyourbiz.com (Engage Team) — Wed, 10 Jul 2019 16:00:00 GMT

Tips for Avoiding a License Suspension After a DUI

The majority of DUI arrests today will result in driver’s licenses being suspended almost immediately. However, that does not always have to be the case. With the help of a skilled DUI attorney in Rockford, IL, you may be able to keep your license and avoid harsh punishments after being arrested for driving under the influence. This ability is important, considering how difficult not having a driver’s license can make your life.

Issuance of a temporary license

The arresting officer on site will generally take the license on the spot and issue a temporary license. The expiration date on the temporary license is the suspension date, and to prevent your license from automatically being suspended you’ll need to request a hearing with the state Department of Motor Vehicles (DMV).

Keep in mind that the DMV still is fully within its rights to revoke your license even if the DUI case gets dismissed later on, or the charges are reduced in such a way that license suspension is off the table. This means it’s important to request the hearing with the DMV as soon as possible after your arrest, and to work with an attorney to strategize for the hearing to give you the best possible chance of restoring your driving privileges.

Pleading your case

The amount of time your license is suspended will depend on the BAC level you had at the time of the arrest, whether or not you took a blood or chemical test, any prior DUI convictions and any other exacerbating factors. The more serious the offense, the more difficult it will be to get your license reinstated, but that does not mean you shouldn’t try.

Many people assume they should refuse to submit to a breathalyzer or blood test, believing this would help them avoid license suspension. However, there are implied consent laws requiring people pulled over on suspicion of driving under the influence to submit to these tests. Refusal to do so will result in an automatic license suspension, even if you are ultimately not convicted of driving under the influence.

One option that’s available to you to restore your driving privileges is to petition for a hardship or occupational driver’s license. In this situation, you ask the court to allow you to continue to be able to drive while your court case is pending. An occupational license allows you to continue to drive to and from work, or for work purposes, depending on your occupation. Hardship licenses can allow you to go to and from school or take your children to and from activities.

You can also fight the charges themselves in court. Federal law requires the prosecution to be able to prove you committed a DUI offense beyond reasonable doubt. Any issues that occur with the testing could invalidate the arrest, as could issues with the protocol used by arresting officers on site.

For more information about avoiding a license suspension after a DUI, contact the Law Office of Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney to speak with a skilled DUI attorney in Rockford, IL.