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Recent Blog Posts
Illinois Legalizes Recreational Marijuana Use for Adults
For decades, recreational marijuana use has been illegal in most of the United States. In recent years, more states have legalized the use of recreational cannabis. Illinois became the latest state to legalize the use of marijuana for adults on May 31, 2019. This comes as a surprise to many, because Illinois is the first state to approve a recreational marijuana bill through the legislature rather than a voter referendum. This means big legal changes could be coming for people who face or have faced criminal charges relating to cannabis.
Illinois Makes History
The passing of this Illinois bill is monumental for the United States. No other state has passed laws to allow legal commercial sales of marijuana through the legislature. Vermont legislature allowed for the recreational possession of marijuana, but not sales, which were passed through a referendum. Recreational marijuana will be treated and taxed similarly to alcohol, in that only those who are over the age of 21 are permitted to purchase or use it.
Understanding Obstruction of Justice Charges in Illinois
In Illinois, there are a few crimes that police officers take very seriously. One of those crimes is obstruction of justice. Obstruction of justice can be something as simple as providing a police officer with a false name or as serious as directly lying to a police officer about something he or she is questioning you about. No matter the act caused you to be charged with obstruction of justice, this crime is a felony in Illinois and can result in serious consequences that could follow you for the rest of your life. When facing these charges, it is best to consult with a criminal defense lawyer who has experience in obstruction of justice charges so you can plan an appropriate defense.
What Is Obstruction of Justice?
According to the Illinois Criminal Code of 2012, obstruction of justice occurs when a person intentionally prevents the apprehension or obstructs the prosecution or defense of a person and knowingly:
What You Need to Know About Boating Under the Influence in Illinois
For many people, Memorial Day weekend is the unofficial start to summer. Some people celebrate with picnics and barbecues, while others head to the lake for time on the water. In many cases, people enjoy drinking alcohol while enjoying these activities. However, what many people do not realize is that Illinois treats alcohol and boating very similar to the way it treats alcohol and driving. If you are convicted of boating while under the influence (BUI) of alcohol or drugs, you could face serious consequences, similar to driving under the influence (DUI) charges.
What Is a BUI?
The Illinois Boat Registration and Safety Act states that it is illegal to operate a boat while under the influence of alcohol or other drugs. A person is considered to be boating under the influence if he or she is in actual physical control of watercraft and one or more of the following apply:
When Can Police Search Your Car?
There are a number of things that can cause a police officer to pull you over. Maybe your tail light was out, you did not use your turn signal, or you ran a red light. A police officer will likely pull you over for such violations. In some situations, an officer may request to search your vehicle. While the aforementioned violations could constitute a legal traffic stop, is it legal if the officer requests to search your vehicle? Technically, there are certain circumstances in which a police officer can search your vehicle without a warrant.
Police Searches of Vehicles
The Fourth Amendment to the United States Constitution states U.S. citizens have the right to “be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This means police cannot search your property for no reason. There are only a handful of situations in which a police officer can legally search your car without a search warrant.
Consequences of Being a Registered Sex Offender in Illinois
Some of the most serious and damaging crimes a person can be accused of are sex crimes. Sex crimes are taken very seriously by law enforcement and the courts. Convictions for certain sex crimes in Illinois require registration as a sex offender, which brings with it numerous restrictions and requirements. If you have been charged with a sex crime, it is imperative that you understand the ramifications a conviction could bring, and that you secure experienced legal representation immediately.
Who Must Register as a Sex Offender?
According to the Illinois Sex Offender Registration Act, individuals convicted of a sex crime, found not guilty by reason of insanity, the subject of a finding not resulting in an acquittal, or adjudicated as being sexually dangerous or violent, are required to register as a sex offender. Common offenses that require sex offender registration include:
When Does a DUI Charge Become a Felony?
One of the most common criminal charges in the United States is a DUI. Statistics from the National Highway Traffic Safety Administration (NHTSA) have shown that 11,000 deaths resulting from traffic accidents also involved an alcohol-impaired driver. In Illinois alone, more than 400 deaths occur each year from drunk driving. Driving while under the influence of drugs or alcohol is dangerous, and the punishment for doing so can be severe. Most DUI situations involve misdemeanor charges, but those charges can quickly escalate to felony charges under certain circumstances.
First-Offense DUI Penalties
Under Illinois law, a first offense for a DUI is classified as a Class A misdemeanor, the highest classification for a misdemeanor. If a person is convicted of DUI and has no prior DUI charges, he or she will still face up to one year in jail, up to $2,500 in fines and up to two years of probation. Additionally, a first-time DUI offender may also be subject to mandatory minimum penalties and community service.
An Overview of Violent Crimes in Illinois and Their Consequences
In the United States, violent crime is not uncommon. According to the Federal Bureau of Investigation, there were more than 1.2 million violent crimes reported in the country in 2017. In Illinois alone, there were an estimated 56,000 incidences of violent crime that year. The state of Illinois defines violent crime as any felony crime that involves the use of force or the threat of force against the victim, or any misdemeanor crime in which death or great bodily harm comes to the victim.
Violent crime is taken extremely seriously and penalties for a conviction are severe. If you are charged with a violent crime, it is important you understand the potential consequences, and that you speak with a skilled criminal defense attorney as soon as possible.
Types of Violent Crime
In Illinois, there are numerous offenses that fall into the category of violent crimes. Here are the most common violent crimes in Illinois and the consequences for committing them:
Defending Against an Illinois DUI Charge
Being charged with a DUI is an extremely serious situation that can result in severe consequences. In the state of Illinois, DUI is considered to be a major offense and most judges and law enforcement officers do not sympathize with those accused of driving while under the influence of alcohol or drugs. DUI offenders are often punished to the fullest extent of the law, especially when the offender has a history of DUI. Even if you are a first-time DUI offender, you could face jail time, fines, and a driver’s license suspension for a conviction, but a knowledgeable Illinois DUI defense lawyer can help.
Common DUI Defense Strategies
There are numerous ways an attorney can defend you against a DUI charge. Through an initial consultation and subsequent investigation, your lawyer can determine the best course of action. Here are a few common defense strategies:
What is Asset Forfeiture in Illinois?
There are many consequences that can come with breaking the law. Depending on the crime, you could face community service, probation, fines, restitution, and in some cases, jail time. Another consequence of certain crimes can be asset forfeiture, where the government takes your belongings if they believe they are connected to a crime. This can be problematic, especially if you are innocent of the charges you face.
Both the state and the federal government can seize assets if they believe they were acquired in illegal ways. According to the Illinois State Police and the U.S. Department of Justice, the state of Illinois has taken more than $319 million in assets from citizens since 2005, while the federal government has seized more than $404 million during the same period. If you are facing a seizure of your assets, it is important to have a criminal defense attorney by your side who will fight for you.
Illinois Domestic Battery Laws, Charges, and Penalties
While all assault and battery charges are serious, charges and punishments can become even harsher when the alleged assault and/or battery occurs between people in a domestic relationship. Being accused of domestic battery is extremely serious and can result in extensive jail time and expensive fines. It is also often used to leverage favorable decisions in child custody or other matters in contentious divorce proceedings.
Domestic Battery Laws in Illinois
The Illinois Penal Code states domestic battery occurs when a person knowingly and unlawfully causes bodily harm or makes physical contact of an insulting or provoking nature to a family or household member. It is important to note that the crime must be committed against a family or household member, or it cannot be considered domestic battery. According to the state of Illinois, family or household members include:
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Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
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