Posted on April 21, 2026 in Criminal Defense

You may be surprised to learn that a juvenile can be charged as an adult in Illinois. Illinois law allows young people under the age of 18 to be prosecuted in adult criminal court under certain circumstances. When that happens, the consequences are drastically different from what a juvenile court would impose. If your child is facing criminal charges in 2026, our Lake County, IL juvenile defense lawyer can help you understand what is happening and fight to keep the case in juvenile court where it belongs.

How Does Illinois Decide Whether To Try a Juvenile as an Adult?

Illinois law sets out specific ways that a juvenile case can move to adult court. There are three main paths, and each one works differently.

Discretionary Transfer

The first is called a discretionary transfer, also known as a juvenile court waiver. Under the Juvenile Court Act of 1987, 705 ILCS 405/5-805, a judge can transfer a case to adult court after a hearing where they consider things like the seriousness of the offense, the juvenile's history, and whether the juvenile is likely to benefit from the programs available in juvenile court.

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 Posted on March 21, 2026 in Criminal Defense

Being charged with sexual assault in 2026 does not mean you will be convicted. These cases are complex, and the stakes are extremely high. The outcome depends heavily on how well your defense is built from the very beginning. At Law Office of Theodore S. Potkonjak, our McHenry County, IL sexual assault defense lawyer can help you understand what you're up against and fight to protect your rights.

What Does Illinois Law Say About Sexual Assault?

Under 720 ILCS 5/11-1.20, criminal sexual assault occurs when a person commits an act of sexual penetration by force or threat of force, or when the victim is unable to give knowing consent. This includes situations where the accused holds a position of trust or authority over the victim, such as a family member or a person in a supervisory role.

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 Posted on February 17, 2026 in Criminal Defense

After a drug possession arrest in Illinois, you may be taken into custody, booked, and required to appear in court to face criminal charges. This can feel frightening and uncertain, especially if it is your first arrest. At Law Office of Theodore S. Potkonjak, we can help you understand the legal process and build a strong defense to protect your rights.

As of 2026, an arrest does not mean you will automatically be convicted. Our Lake County, IL drug crimes defense lawyer will ensure your rights are protected.

What Happens Immediately After a Drug Possession Arrest in Illinois?

After an arrest, you will usually be taken to a police station or local jail. Officers will collect your personal information, take fingerprints, and record the charges. This process is called booking.

Depending on the situation, you may be released with conditions or held until you appear before a judge. Illinois law under 725 ILCS 5/109-1 requires that you be brought before a judge without unnecessary delay.

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 Posted on January 20, 2026 in Criminal Defense

As of 2026, you can still be arrested and charged with a DUI in Illinois even if you refuse a breath test. Refusing a breath test does not stop a DUI case from moving forward. It changes how the case is handled and triggers separate penalties related to your driver’s license.

DUI arrests are common in Illinois. Because refusal has serious consequences, speaking with a McHenry County, IL DUI defense lawyer early can help you understand what refusal means for both your case and your ability to drive.

What Happens if You Refuse a Breath Test in Illinois?

Illinois follows an implied consent system. This means that when you drive on Illinois roads, you are considered to have agreed to chemical testing if you are lawfully arrested for DUI.

Under 625 ILCS 5/11-501.1, refusing a breath, blood, or urine test leads to automatic driver’s license penalties. These penalties apply even if you are never convicted of DUI. For a first DUI arrest involving refusal, the license suspension is usually longer than it would be for a failed breath test.

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 Posted on December 08, 2025 in Criminal Defense

You might not think of a traffic offense as a major infraction, but many of these violations carry significant penalties, including jail time and a criminal record. If you have been accused of a traffic crime, a Waukegan, IL criminal defense lawyer can discuss your case and explore legal strategies to protect your freedom.

At Law Office of Theodore S. Potkonjak, our attorney has over 40 years of legal experience and previously served as a judge and prosecutor for the Lake County State's Attorney's Office. We know the penalties associated with traffic crimes, and we can represent you in court to pursue reduced or dismissed charges.

Three Traffic Crimes You Can Go to Jail For in Illinois

Reckless Driving

If you are accused of driving unsafely in Illinois, you could face prosecution under the state’s reckless driving statute (625 ILCS 5/11-503). The difficult part about a reckless driving charge is that the definition is very broadly worded, so you could be charged with this offense for a variety of different acts, like swerving between lanes, speeding, or disregarding traffic signals.

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