Posted on April 06, 2020 in DUI

If you are a driver, there is a good chance you will be pulled over by law enforcement for some reason during your lifetime. If you have ever been stopped by the police, you know the feelings of anxiety and fear that can manifest because of those flashing red and blue lights. Being pulled over because an officer suspects you are driving under the influence (DUI) is even more serious. DUI offenses are not taken lightly in the state of Illinois, and a conviction for a first offense could result in steep fines, the suspension or revocation of your driver's license, and even jail time. Although the uncertainty of a DUI traffic stop can be very intimidating, what you do after being pulled over can greatly impact your case. Below are a few common mistakes that people make after being pulled over on suspicion of DUI:

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 Posted on March 24, 2020 in Criminal Law

Since January, the world has seen an exponential rise in the number of COVID-19 cases. As of March 23, there were nearly 335,000 confirmed cases reported around the world, according to the World Health Organization (WHO). We still do not know everything that we need to know about COVID-19, a new virus that has emerged from the coronavirus family. What we do know is that most people are recovering from the virus, although individuals who have underlying health conditions or who are over the age of 65 have a higher mortality rate. 

One thing we do know is that COVID-19 is spreading rapidly through person-to-person contact. So far, the only effective way to stop the spread is to practice social distancing if you do not have the virus, quarantine yourself if you believe you may have come into contact with someone who does have the virus, and isolate yourself if you are confirmed to have the virus. In Illinois, if you are given specific quarantine orders, you must obey them, or you risk potential criminal charges.

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 Posted on March 16, 2020 in Criminal Law

According to the United States Constitution, every American has the right to own a firearm, as per the Second Amendment. Although we have this right, states are allowed to place certain restrictions and limitations on firearm users. This is accomplished by creating laws that apply to the purchase, ownership, and possession of firearms. The state of Illinois is notorious for having rather strict gun laws compared to other states. For example, you are not permitted to openly carry a firearm in the state of Illinois, as all firearms must be concealed from view if you wish to carry them. In addition, if you want to conceal your firearm to carry it in public, you must obtain an Illinois concealed carry license (CCL) to do so. Violations of these laws could result in misdemeanor or felony charges.

Obtaining an Illinois CCL

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 Posted on March 10, 2020 in Sex Crimes

In 2017, The New York Times published a story detailing accounts of sexual harassment allegations against Hollywood mogul Harvey Weinstein. The case has been closely followed for the past three years as numerous charges were brought against Weinstein for various instances of alleged rape, sexual assault, and sexual harassment. In January of 2020, the trial against Weinstein began in New York, and it came to a close in late February, with the jury delivering a guilty verdict. Those who are familiar with this case may wonder how Illinois’ laws address accusations of sex crimes.

Weinstein Convicted of Criminal Sexual Assault and Rape

After the initial accusations brought against Weinstein by actresses Ashley Judd and Rose McGowan, more women came forth to make claims that they had also suffered sexual assaults by Weinstein. While dozens of women have accused Weinstein of sexual misconduct, he faced two counts of predatory sexual assault, one count of first-degree rape, one count of third-degree rape, and one count of a criminal sexual act in the first degree. After five days of deliberation, Weinstein was convicted of third-degree rape and a criminal sexual act in the first degree. He was subsequently sentenced to 23 years in prison.

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 Posted on March 04, 2020 in Sex Crimes

Being convicted of any criminal offense is taken seriously in the state of Illinois. Felonies are the most serious types of crimes, and they come with many stipulations that can impact your life after your conviction. Even if you are convicted of a misdemeanor crime, you will have a criminal record, and you will face a certain stigma from those around you. If you are convicted of an offense that is sexual in nature, the penalties are often even more harsh and unforgiving. If you are found guilty of a sex crime, you can expect your life to be forever changed. Here are a few consequences of a sex crime conviction in Illinois:

• You will be subject to registration requirements for at least 10 years. The state of Illinois requires those who are convicted of certain sex crimes to register as a sex offender every year for a period of 10 years. If you are deemed to be a “sexually dangerous” or “sexually violent” person, you will have to register every 90 days for the duration of your life. If you are deemed to be a “sexual predator,” you must register once a year for the duration of your life. Registration requires you to disclose your name, address, a current photo, place of employment, and all of your online identities, including usernames and email addresses.

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 Posted on February 25, 2020 in Expungement

If you have been convicted of a crime in Illinois, your life can change in many ways. Even if your offense was a non-violent or minor act, you will still have a criminal record that will appear on background checks. This can make it difficult to secure housing or even obtain employment. Unfortunately, an arrest or a criminal charge can also create a criminal record, even if you were not convicted or charges were not pursued. Because of this, the state of Illinois has created the process of expungement to have your criminal record cleared, essentially giving you a fresh start in the eyes of the law. Another option is sealing a record, which hides it from certain people, although it still exists. Read on to learn more about the difference between these two legal actions. 

Options For Clearing Your Record

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 Posted on February 17, 2020 in DUI

Driving while under the influence of drugs or alcohol (DUI) is a serious criminal offense that not only puts yourself in danger but risks the lives of others as well. This is why law enforcement puts so much effort into reducing the number of drivers who commit DUI. One of the techniques police officers have found that is effective in catching DUI offenders is by using sobriety checkpoints. Although the constitutionality of sobriety checkpoints has been debated, they have repeatedly been deemed legal and not in violation of the Fourth Amendment by the U.S. Supreme Court. If you are facing DUI charges as a result of being stopped at a sobriety checkpoint, it is crucial that you understand your rights.

How DUI Checkpoints Work

Law enforcement personnel are permitted to conduct sobriety checkpoints at any time or place of their choosing, but there are a few rules that they must follow in order for a checkpoint to be legal. If police plan to establish a checkpoint, they are required to inform the public of the time and place of the checkpoint. They are not allowed to conduct a checkpoint at a location where it would cause a traffic jam or put drivers in danger. They must also use signs or lights to signal to motorists that they are entering a DUI checkpoint. In addition, all police officers and vehicles must be clearly marked.

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 Posted on February 11, 2020 in Traffic Violations

There are many different types of traffic tickets that a driver can receive in the state of Illinois. Some traffic citations are considered “fix it” tickets, or correctable offenses, such as a broken headlight. Other traffic offenses are more serious and can result in criminal charges, costly fines, and in some cases, jail time. Some people may think that just paying the fine for the ticket will make it go away, but every time you pay a traffic ticket, you are basically pleading guilty to that offense. Because certain consequences can come from pleading guilty to traffic citations, it could be more beneficial for you to fight your traffic ticket. If you have been cited for any type of traffic offense in Illinois, a traffic violations defense attorney can help you clear your record.

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 Posted on February 04, 2020 in DUI

As of January 1, 2020, Illinois became the 11th state to legalize the recreational use of marijuana in the United States. Even though residents and visitors who are 21 or older can legally purchase and consume cannabis, there are certain restrictions on the amount that can be bought and where it can be ingested. The increased presence of marijuana in the state has had some people wondering whether or not they can be charged with driving under the influence (DUI) if they are caught driving a vehicle while under the influence of cannabis. The short answer is yes.

Marijuana DUI Laws in Illinois

Under Illinois law, you can be charged with DUI if you operate a motor vehicle while under the influence of alcohol, intoxicating compounds, methamphetamines, or “other drugs, including cannabis prescribed for medical purposes.” You are likely aware of the legal blood alcohol content (BAC) limit of .08, but there is also such a limit for tetrahydrocannabinol (THC) in your blood when you are driving a vehicle. In Illinois, a person is considered intoxicated if they are measured as having 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance.

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 Posted on January 31, 2020 in Criminal Law

There are multiple crimes that can fall under the category of property crime. According to the Federal Bureau of Investigation (FBI), property crimes include burglary, theft, motor vehicle theft, and arson. The latest statistics from the FBI estimate that there were nearly 7.2 million property crimes committed in the United States in 2017. In Illinois, property is defined as “anything of value,” meaning property crimes also include offenses that involve deception, fraud, plus damage and trespass to real property. Although it may seem like property crimes are not as serious as other criminal acts, they can carry significant consequences.

Burglary

If a person has knowingly or without authority entered a building, home, dwelling, motor vehicle, or aircraft with the intent to commit a felony or theft, then that person has committed burglary. There are a variety of actions that could encompass burglary, but most commonly, burglary charges stem from a person taking or attempting to take property from inside a structure. Burglary is almost always a felony charge. If you do not cause damage to property, you will be charged with a Class 3 felony, facing a possible sentence of two to five years in prison. Likewise, if damage is caused to property, charges are increased to a Class 2 felony, which carries a sentence of three to seven years in jail.

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