For non-citizens facing criminal charges in the U.S., what happens after an arrest isn’t always straightforward. Even if your criminal case gets resolved quickly—or you’re granted release by the court—you could still end up in immigration custody due to what's known as an ICE hold. 

This situation is more common than many people realize. You think you're about to be released after resolving your criminal case—then you're transferred directly into immigration detention instead. At Bernard Law, we’ve seen how devastating this can be for individuals and their families. In some cases, we've even helped clients avoid ICE custody through strategic legal decisions during the criminal process. 

This blog will walk you through what ICE holds are, how they work, and what legal strategies may be available to reduce the risk of immigration detention—especially for non-citizens with past convictions or immigration complications. 

For non-citizens living in the United States—whether on a visa, green card, or undocumented—facing criminal charges can be terrifying. One of the most urgent concerns is whether a criminal charge could lead to deportation. Unfortunately, the answer is yes: under U.S. immigration law, certain crimes can trigger removal proceedings and result in deportation from the country. But not every criminal charge leads to deportation, and much depends on the type of offense, your immigration status, the outcome of your criminal case, and whether you have an experienced attorney protecting your rights.

Gun ownership laws in the United States are complex—and for non-citizens, they're even more confusing. While the Second Amendment grants the right to bear arms, that right does not apply equally to everyone. Non-citizens, including lawful permanent residents (green card holders), visa holders, refugees, asylum seekers, and undocumented individuals, face stricter rules when it comes to firearm possession and ownership—especially in states like Illinois, where gun laws are particularly stringent. 

So, can non-citizens own guns in Illinois? The short answer is: it depends on your immigration status, your compliance with federal and state requirements, and whether you’ve received proper authorization. In this blog, we’ll explore the legal landscape for non-citizens and firearms in Illinois, discuss what is and isn’t allowed, and explain how violating these laws can have serious immigration and criminal consequences.

The term "ghost gun" has gained national attention over the past few years—and for good reason. These untraceable firearms, often assembled from kits or 3D-printed at home, present unique challenges for both law enforcement and lawmakers. As concerns about gun violence, regulation, and public safety continue to rise, many people are left asking: Are ghost guns legal? 

The answer isn’t as straightforward as you might think. The legality of ghost guns depends on several factors, including how the firearm was made, who possesses it, and what state or federal laws apply. In this blog, we’ll break down what ghost guns are, the laws that govern them, and what you need to know if you’ve been accused of a weapons offense related to a ghost gun—particularly in Illinois.

In Illinois, gun laws are among the strictest in the country, and the consequences for violating them can be severe. When a defendant with a previous criminal record faces new gun charges, the impact of those prior convictions can significantly influence the outcome of the case. In many instances, prior convictions serve as a critical factor during sentencing and may even affect the prosecutor’s decision to pursue the maximum penalties available. Understanding how previous criminal records influence new gun charge cases—and exploring strategies to mitigate these effects—is essential for anyone facing such allegations. 

Being charged as a felon in possession of a firearm is one of the most serious criminal offenses a person can face. Under both federal and state laws, individuals who have been convicted of a felony are generally prohibited from owning or possessing firearms. In Illinois, this offense is treated with particular severity, and a conviction can have life-altering consequences, ranging from lengthy prison sentences to the permanent loss of gun ownership rights. This blog examines the complexities of felon in possession of a firearm charges, the impact of prior convictions, and defense strategies that can be employed to challenge such charges. 

Facing a DUI charge is a stressful and life-altering experience, and one of the most critical decisions you’ll have to make is whether to accept a plea bargain or take your case to trial. This decision can shape your future in profound ways, affecting not only your criminal record but also your driving privileges, insurance rates, and personal reputation. In this blog, we explore the pros and cons of accepting a plea deal versus fighting your DUI case in court, and discuss the factors you should consider when making your decision. 

Facing a DUI charge in Illinois can be overwhelming, with the possibility of a conviction impacting your driving record, finances, and future opportunities. However, not every DUI case follows the same trajectory. For many individuals, alternative sentencing options—commonly known as DUI diversion programs—offer a viable path to avoid a formal conviction. These programs provide an opportunity to address the underlying issues that contributed to the offense, such as alcohol or substance abuse, while also mitigating the long-term consequences of a DUI conviction.

The Miranda Rights are a cornerstone of American criminal procedure and a critical safeguard designed to protect individuals from self-incrimination. You’ve probably heard them recited on television shows: “You have the right to remain silent. Anything you say can and will be used against you in a court of law…” While most people recognize these lines, many are unclear about when, exactly, police officers are required to read them. This blog will explore the history behind Miranda Rights, what they mean, and most importantly, when law enforcement has to advise you of these rights during an investigation or arrest. 

Getting pulled over by law enforcement in Illinois can be a stressful and overwhelming experience. Whether it’s for a minor traffic violation or something more serious, knowing what to do—and what not to do—can make a significant difference in the outcome of the encounter. This guide will walk you through the steps to take when you see flashing lights in your rearview mirror, from the moment you realize you’re being pulled over to the aftermath of receiving a ticket or facing potential criminal charges.

Being pulled over by law enforcement in Illinois can be nerve-wracking, regardless of whether you’ve been stopped for speeding, a broken tail light, or a more serious concern like suspected drunk driving. Knowing your rights—and how to exercise them—can make a significant difference in the outcome of the encounter. While most traffic stops end without incident, there are situations where lines can be blurred, especially regarding vehicle searches or field sobriety tests. This blog explores how to protect your rights during an Illinois traffic stop, ensuring you remain calm, cooperative, and fully aware of your legal protections. 

Getting pulled over by the police can be a stressful experience, especially if you’re unsure of your rights and obligations. One common question people have is whether law enforcement can force them to step out of their vehicle during a traffic stop in Illinois. The answer is more nuanced than you might think, as it depends on several factors, including officer safety concerns, the type of violation, and established legal precedents. 

False confessions are one of the most troubling aspects of the criminal justice system. Despite the fundamental principle of justice that individuals should not admit to crimes they didn’t commit, studies have shown that false confessions are not uncommon. These admissions, often coerced or manipulated, can lead to wrongful convictions, devastating lives, and undermining public trust in the legal system. Understanding the causes, consequences, and implications of false confessions is essential for anyone navigating the justice system, especially with the help of a skilled Chicago criminal defense attorney. 

In today’s world, technology is becoming increasingly critical in many areas of life, including legal defense. One of the most impactful innovations for everyday drivers is the dashboard camera, or dashcam. These small, unobtrusive devices can serve as a powerful tool for defending against false accusations related to traffic violations. Whether you’ve been cited for speeding, running a red light, or are facing more serious charges like reckless driving, dashcams can provide key evidence that might make the difference in your case.

Speeding tickets are one of the most common traffic citations issued across the country, but just because you’ve been pulled over doesn’t always mean the charge is valid. Many speeding tickets are based on radar gun readings, which police officers use to gauge a vehicle’s speed. However, radar guns are not always foolproof, and a number of factors can lead to radar error and an unjust ticket. If you believe that faulty equipment or human error led to your traffic ticket, you may have grounds for a speeding ticket challenge.

Facing a gun charge can be a daunting experience, particularly in Chicago, where firearm laws are strictly enforced. Whether the charge stems from an accidental or deliberate action, the outcome of your case will largely depend on the specific circumstances and, more importantly, your intent. The role of intent in legal context is crucial in distinguishing between unintentional and intentional gun offenses, and can significantly impact the severity of the penalties you may face.

Being wrongfully accused of a crime can be one of the most traumatic experiences a person can endure. The emotional, psychological, and financial toll of facing false charges often leaves lasting scars, even after proving innocence. The devastating effects of a wrongful accusation ripple through all aspects of life—personal relationships, professional opportunities, and mental well-being. While the legal system presumes innocence until proven guilty, the reality is that once accused, individuals often face judgment from their communities and the justice system alike. In this blog, we’ll explore the profound impact of wrongful accusations, the consequences of false charges, and how individuals can seek legal innocence defense and trauma recovery.

Facing criminal charges can be one of the most daunting and stressful experiences of your life. Whether you are accused of a minor infraction or a more serious felony, navigating the complexities of the legal system can be overwhelming. Fortunately, a skilled and experienced Chicago criminal defense attorney can guide you through the process, protecting your rights and advocating for the best possible outcome. This blog will explore the strategic approach taken by criminal defense lawyers in Chicago, highlighting how their experience and dedication can make a significant difference in your case.

Domestic violence accusations can turn your life upside down, especially in a state with stringent laws like Illinois. If you find yourself facing such allegations, the stakes are high. The consequences of a conviction can include jail time, fines, a permanent criminal record, and significant personal and professional repercussions. To navigate this challenging situation, it's crucial to avoid common mistakes that could jeopardize your case.

The criminal justice system in the United States has long been scrutinized for various disparities, and one of the most significant issues is the use of cash bail. In Chicago and across the country, the cash bail system has drawn criticism for creating unequal outcomes based on a defendant's financial resources. However, recent bail reforms in Illinois are reshaping the legal landscape, with a positive impact on criminal defense strategies and the fairness of the justice system. For those in need of legal defense, understanding the effects of these changes is crucial.