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Recent Blog Posts
What’s the Difference Between Assault and Battery?
Sometimes, the terms assault and battery are used interchangeably. People use both terms to refer to a physical attack of some kind. However, in Illinois, assault and battery are different offenses with different legal definitions. These offenses also have much different punishments. So, what is the difference between assault and battery in Illinois?
Assault Laws in Illinois
To assault someone in Illinois means you put a person into a position to think or feel that they are about to receive a battery. For example, if you threaten to punch someone and cock your fist back in preparation for throwing a punch, you could be charged with assault. Assault in the Prarie State is considered a Class C misdemeanor and could result in up to 30 days in jail and a $1,500 fine.
Additionally, you could be charged with aggravated assault if you use a weapon or threaten a protected class like a police officer, teacher, handicapped person, or elderly citizen. If you are convicted of aggravated assault, how you are charged depends on the details of the incident and your criminal background. You could be charged with a Class A misdemeanor or Class 3 Felony. In turn, you could be sentenced to less than a year in jail to 10 years in prison.
Is It Legal To Transport Marijuana In Your Car In Illinois?
Since Illinois legalized recreational cannabis on Jan. 1, 2020, the industry has been booming. In fact, the state earned approximately $52 million in tax revenue in the first six months. Since then, more than 50 marijuana recreational and medicinal dispensaries have popped up across the state. The Illinois Cannabis Regulation and Tax Act is still a relatively new law that some people may find confusing. If you live in Illinois, it is important to know the laws regarding the purchase, use, and transportation of marijuana. Violating cannabis-related laws can lead to drug charges.
Cannabis Laws in Illinois
In some ways, cannabis laws parallel alcohol laws in Illinois. You have to be a certain age to possess and use marijuana. You cannot smoke or consume marijuana while operating a vehicle and driving under the influence of marijuana can lead to DUI charges. With that said, let’s get into specifics.
What Are The Consequences Of Speeding In A School Zone?
With the new school year just around the corner, police will be on the lookout for speeders and other dangerous behavior on the roadway. It is not only a way to keep school zones safe, but also a way to raise awareness of traffic laws in general. Perhaps, one of the most common traffic violations you may encounter is speeding. The consequences of speeding in a school zone can be particularly harsh.
Speeding In A School Zone
Under Illinois law, you could be ticketed for driving faster than 20 miles per hour through a school zone during a school day. The law is fairly straightforward, but like most things, the devil is in the details.
According to the Illinois Vehicle Code, a school is defined as a public or private building meant for primary, secondary, or nursery school. However, there must also be signage posted to designate the area around the school as a school zone.
What Should I Do if I Was Accused of Sexual Assault?
If you have been charged with sexual assault, you are likely dealing with a lot of stress and anxiety. These charges and the effect they can have on your freedom and future can be frightening. Sexual assault carries severe penalties in Illinois. A first-time offender faces a Class 1 felony offense, which is punishable with a prison term of four to 15 years. Those with a prior sexual assault conviction will face a Class X felony, which carries between six and 30 years in prison. Getting convicted of this crime can also have a detrimental effect on your professional and personal relationships.
Steps to Take If Charged with Sexual Assault
If you are facing a sexual assault charge in Illinois, it is important to take quick action. The steps you take immediately afterward can have a significant impact on the outcome of your case:
- Do not speak to the police. Once you have been charged with sexual assault, the police may want to ask you questions about your case. However, you are under no obligation to talk to any law enforcement official. In fact, speaking to the police could make things worse for you. They may try to use what you said against you in court. Instead, tell the police that you do not want to speak to them without a lawyer.
When Are Drug Possession Charges Elevated to Possession with Intent to Deliver?
Getting charged with drug possession in Illinois is bad enough. Depending on the type of drugs that are in your possession, you may face jail time, hefty fines, and a permanent criminal record. However, if your drug possession charges get elevated to possession with intent to deliver, you face even harsher consequences. If you are currently in this situation, it is critical to avoid talking to the police and consult a skilled lawyer promptly.
Drug Possession Charges with an Intent to Deliver
In some cases, the police may decide to raise a regular drug possession charge to possession with intent to deliver charge. Here are a few types of evidence the police can use to prove that you intended to deliver a controlled substance:
- The drugs are in bags
- You have items frequently used to sell drugs in your possession, such as scales
What Happens If You Accept a Plea Deal for a DUI Charge?
If you have been charged with driving under the influence (DUI), the prosecuting attorney may offer you a plea deal. A plea deal involves pleading guilty to a lesser charge in exchange for lighter penalties. For example, you may be able to plead guilty to reckless driving and avoid a drunk driving conviction. A conviction for DUI carries penalties that you may be able to avoid by pleading guilty to a lesser criminal offense, however, it is ultimately up to the prosecutor’s discretion to offer a plea deal or plea bargain. An experienced DUI defense attorney can help you understand all of your legal options and choose the course of action that is most likely to reduce the penalties you face.
Things to Think About Before Taking a Plea Deal
If you have been accused of drinking and driving, you may be tempted to accept the prosecutor’s plea deal to resolve your case as quickly as possible and get on with your life. However, it is important to remember that:
Things to Avoid During a Traffic Stop in Illinois
Getting pulled over by a police officer while you are driving can be a stressful ordeal. However, even if you believe the police officer made a mistake by making a traffic stop, it is important to remain calm and not lose your temper. If you do not keep your composure, the situation could end up escalating and instead of a potential traffic violation, you could be facing criminal charges.
Things to Avoid Saying to an Officer During a Traffic Stop
During the traffic stop, the officer will ask you for your license and registration in order to confirm your identity and conduct a background check to make sure there are no outstanding warrants or other issues. Some stops may resolve quickly, while in other situations, it may feel as if the officer is extending the stop unreasonably. No matter what the situation is, there are a few things to keep in mind:
Tips for Success During Your Illinois Driver’s License Reinstatement Hearing
In Illinois, a person’s driver’s license may be revoked for several different offenses. Conviction of driving under the influence of alcohol or drugs (DUI), drag racing, aggravated fleeing and eluding police, and any felony offense involving a motor vehicle may lead to revocation of your driver’s license. If your driver’s license is revoked, you cannot drive any vehicle legally. However, you may be able to regain your driving privileges by attending a driver’s license reinstatement hearing.
Formal vs. Information Hearings
Informal driver’s license reinstatement hearings are held at various locations throughout Illinois. During an informal hearing, you will be interviewed about the reasons for the revocation, your driving record and criminal history, any drug and alcohol treatment you have attended, and the type of lifestyle changes you have made to avoid unsafe driving in the future.
DUI Charges and Drug and Alcohol Evaluations in Illinois
Being charged with a DUI in Illinois comes with various consequences. A DUI is a criminal charge that can carry serious jail time, a driver’s license revocation or suspension, and extensive fines. After a DUI arrest, one of the first things that must happen before anything else can happen is a drug and alcohol evaluation. This evaluation is intended to determine whether or not a person has a drug and/or alcohol dependency issue and must be completed before sentencing can occur or before you can be granted driving relief during your period of suspension or revocation. If you have been arrested or charged with DUI, you should speak to an Illinois DUI defense attorney.
Evaluation Results and Additional Requirements
The evaluation will include a history of the person’s relationship with drugs/alcohol, their driving record, and a corroboration of the information from a family member or spouse. All of this information will be used to determine whether or not the person’s drug and/or alcohol abuse is a current and/or future risk to the safety of others. The information will also be used to classify the person’s relationship with drugs and/or alcohol and determine what further requirements must be met.
Interrogation Guidelines for Minors Change in Illinois
Despite the rights given to us in the Constitution, not all individuals are treated equally when it comes to the criminal justice system. The criminal justice system was created with the intention that everyone would be treated as equals to give everyone a fair chance at life and liberty. Unfortunately, that is not always the reality. In many cases, smaller minority groups and even juveniles involved in the criminal justice system are unfairly treated. Fortunately, steps are being taken each day to help combat some of the injustices that currently exist. In recent weeks, the state of Illinois has become the first state to prohibit police officers from using deception or lying when interrogating a juvenile suspect.
Changes in the Law
When police are investigating a crime, one of the many tools that they use to do it is interrogations. In recent weeks, interrogations have been in the media, specifically, the ability of questioning officers to mislead juvenile suspects. Now, law enforcement officials in the state of Illinois are prohibited from using deceptive tactics when interrogating young suspects. Police often use deceptive practices, such as lying, conveying fabricated information, and falsely promising leniency for confessing against juveniles. However, under the new law, any evidence obtained through these means will not be admissible in court.
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Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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