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Recent Blog Posts
Can My Illinois Conviction Be Expunged?
Having any criminal record at all can have a serious impact on your life. Even if your conviction was relatively minor and happened a long time ago, you may feel as if it is still following you. Every time you apply for a job, or a lease, or a school, you may have to answer uncomfortable questions or face outright rejection. You served your sentence and have stayed out of trouble sense - but it probably feels like you are still being punished. Fortunately, Illinois courts may allow what is called “expungement,” meaning they essentially erase the charge from your public record. If you are interested in getting your life back through expungement, you will want to speak to an experienced attorney who can help determine if you are eligible.
Is My Conviction Eligible for Expungement?
Not every conviction can be expunged. The goal of expungement is to allow non-dangerous offenders who made a one-time mistake a second chance at a clean slate. Because courts must balance the goals of protecting the public by keeping records of individuals who may be dangerous open and helping minor offenders avoid lifelong punishment, only certain types of charges can be dismissed. Expungement may be an option in the following cases:
What Happens if I Get Another DUI in Illinois?
Make no mistake - even a first DUI is serious business in Illinois. But a second, third, or subsequent DUI is even more so. On a first DUI, some defendants are able to take a plea deal and complete a period of court supervision to avoid a finding of guilt and harsh criminal penalties. This is no longer an option after the first DUI - this time, you would be facing a conviction, a criminal record, and potentially harsh penalties. If you have been charged with a DUI, and it is not the first time, it is critical that you be represented by a strong legal advocate. When your freedom, driving privileges, and future prospects are at stake, this is no time to take chances.
What are the Penalties for a Second DUI?
A second DUI is still a misdemeanor, but the penalties are harsher. You could face up to a year in jail and a $2,500 fine. But those are just the basics. Your license will be revoked for at least a year, possibly three years if your first DUI was within the last five years, and you will have to appear at a hearing before the Secretary of State’s office before you will be eligible for even a hardship permit.
What Are Mitigating Factors in Illinois Crimes?
In Illinois, after you have plead guilty to a crime or been convicted at trial, what is known as the sentencing phase of your case begins. During sentencing, the court will look over the facts and circumstances surrounding your crime and decide what sentence is appropriate. “Mitigating factors” are circumstances that suggest a crime was not as serious as the charge implies or a harsh sentence is not warranted. When successfully argued, these factors may lead to a lighter sentence. If you are facing felony or misdemeanor charges, it is important that you work with an experienced attorney who can present any mitigating factors that may help you avoid harsh sentencing.
Examples of Mitigating Factors in Illinois
During sentencing, the prosecutor will present any aggravating factors - circumstances that make the crime more serious. Your attorney will then have the opportunity to present mitigating factors. When present, mitigating factors can influence the court to reduce your sentence. In some cases, substantial mitigating factors can lead to the court reducing jail time or ordering probation, treatment, or other sentences that do not include incarceration. Mitigating factors in Illinois include:
What Are Aggravating Factors in Illinois Crimes?
In Illinois, once you have plead guilty to or been convicted of a crime, the case moves into the sentencing phase. During the sentencing phase, the prosecution will have the opportunity to present what are called “aggravating factors.” Aggravating factors are circumstances that make the crime more serious and may cause a judge to issue a harsher sentence. If you are facing the possibility of a felony or misdemeanor conviction where aggravating factors may be present, you will need an experienced attorney to give you the best chance at avoiding harsh sentencing.
Examples of Aggravating Factors
For each criminal charge, there are factors that are not needed to secure a conviction but do make the courts consider a given crime more serious. The more aggravating factors that are present, the harsher a sentence the judge may issue. Some common aggravating factors include:
What is the Difference Between Assault and Battery?
Assault and battery are two separate crimes in Illinois, although they are often charged together. In short, battery is making physical contact with someone in a way that causes harm to them or is insulting and designed to provoke them. Assault is causing someone to believe that you are about to batter them.
Either can be charged as a felony or as a misdemeanor depending on the level of harm caused or the presence of aggravating factors, such as the use of a firearm. If you have been charged with any form of battery or assault, you will need a skilled criminal defense lawyer to protect your rights and fight to minimize any consequences.
Understanding the Difference Between Assault and Battery
Often, a person is charged with both assault and battery. However, the two legal terms mean different things and can be charged separately as well. If you have been charged with one or the other - or both - you may be having trouble understanding what each means. Here are some reasons each may or may not be charged:
Can I Refuse to Submit to a DUI Breathalyzer Test in Illinois?
Getting pulled over by Illinois state or local police can be a scary and unpleasant experience, and this is especially true if an officer suspects you of driving under the influence. It can be difficult in the heat of the moment to remember or understand your rights, and you may reasonably wonder: Can I refuse a breathalyzer or sobriety test if I’ve been pulled over?
What is Implied Consent?
Different states have different laws addressing requirements and consequences for people suspected of driving under the influence. Illinois is called an “implied consent” state, which means that when you got your driver’s license, you agreed you would consent to give an officer a blood or breath sample to assess your blood alcohol content during a lawful request.
However, implied consent is not the same thing as actual consent. To begin with, the implied consent law only applies after you have been arrested on suspicion of a DUI. You do not face any consequences for refusing a breathalyzer test prior to an arrest, even if a police officer says otherwise.
Is Getting a Driver’s License Suspended and Revoked the Same Thing?
Being able to drive is one of the most important privileges we use every day. Getting to work, taking kids to school, and buying groceries all rely on the use of a car. Losing the ability to drive because of a driver’s license suspension or revocation can be annoying at best, and financially crippling at worst.
Although a driver’s license suspension and a revocation may seem similar, they are two different penalties and result in different consequences. This article looks at the difference between a suspension and a revocation, but your attorney is the best source for answers to your questions.
Driver’s License Revocations
A driver’s license revocation is generally given to someone who commits a serious traffic violation. These include, but are not limited to:
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Abandoning the scene of an accident that resulted in an injury or death
What are the Charges for Illinois DUIs Resulting in Death or Injury?
People driving under the influence of drugs or alcohol cause a disproportionate percentage of road accidents every year. Although many of these car crashes involve only the intoxicated driver and their vehicle, sometimes other drivers and passengers are injured or killed as well. When an intoxicated driver hurts or kills another person, the charges for driving under the influence are increased and a conviction can result in severe consequences that could impact the driver for the rest of his or her life.
This article examines the likely consequences of various types of harm caused by an intoxicated driver in Illinois. If you were involved in a DUI accident, seek legal representation immediately.
DUI Accidents Resulting in Serious Injuries, Disfigurement, or Disability
DUI accidents that result in serious bodily injury, permanent disfigurement, or permanent disability can result in an aggravated felony DUI charge. Aggravated felony DUIs charges range from a Class 4 felony to a Class X felony, depending on the circumstances. Class 4 felonies, the least serious type of felony charge, still carry penalties of one to four years in prison, a driver’s license revocation of at least two years, and up to $25,000 in fines. Class X felonies, the most serious type of felony charge, allow for a sentence of up to 30 years in prison and as much as $25,000 in fines.
What Happens if I Am Convicted of a Sex Crime in Illinois?
Sex crime convictions are among the most serious and long-lasting convictions in Illinois criminal law. Convictions for some sex crimes carry the life-long labels of “felon” or “sex offender.”Registered sex offenders have strict limitations on where they can live and work and other behavioral restrictions based on their conviction. If you have been accused of a sex crime, it is crucial to get legal representation immediately and understand what happens if you are convicted.
Will I Have to Register as a Sex Offender?
Illinois requires persons convicted of many sex-related crimes to register as sex offenders. Some examples of crimes that require sex offender registration include, but are not limited to:
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Possession and/or distribution of child pornography
What Is Home Invasion?
In Illinois, police and prosecutors are very careful before they label a crime a home invasion. Part of the reason is invading a person’s home is one of the worst crimes you could commit and therefore, it has some of the harshest penalties. Another reason is that “home invasion” has a very specific definition and multiple elements. So, what is a home invasion?
Home Invasion Under Illinois Law
A home invasion is similar to a burglary in that you enter a person’s home without authorization but that is where the crime begins to deviate. Unlike a burglary, a home invasion is considered a violent crime because the purpose of entering the home is to cause harm to someone who lives there.
According to the Illinois Criminal Code, a home invasion is when someone enters a person’s home knowing that they are home and the alleged offender:
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