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Recent Blog Posts
What is the Difference Between Assault and Battery in Illinois?
We have all probably heard the phrase "assault and battery" at some point in our lives. This phrase is used so often that the terms assault and battery tend to be used interchangeably, even though they are different legal concepts that carry different consequences. In Illinois, there are also offenses such as aggravated assault and aggravated battery, which consist of different actions and typically carry more serious punishments.
If you face an assault or battery charge, understanding the offense and its penalties is the first step in building a solid defense with the help of a skilled criminal defense lawyer.
Assault Charges
Illinois law says a person commits assault when he or she knowingly engages in conduct that gives a person reason to fear bodily harm. Assault is a Class C misdemeanor in Illinois, which means you face up to 30 days in jail and $1,500 in fines.
Marijuana Use and DUI Charges in Illinois
Over the years, states and national organizations have focused on preventing people from drinking and driving. Multiple ad campaigns have been launched telling people “friends do not let friends drive drunk,” and “buzzed driving is drunk driving.” Still, alcohol is not the only intoxicating substance that DUI laws cover.
In the state of Illinois, citizens are not permitted to be under the influence of alcohol, drugs, or any combination of the two while they are in physical control of a motor vehicle. With the legalization of recreational marijuana in many states and the permittance of medical marijuana in a majority of states, driving under the influence of marijuana has become more prevalent.
Medical Marijuana in Illinois
Since 2014, Illinois residents have had access to medical marijuana as long as they have a written recommendation from a doctor and they obtain a medical marijuana ID card from the Illinois Department of Public Health. There are 41 ailments that qualify for a medical marijuana card, including cancer, HIV/AIDS, post-traumatic stress disorder (PTSD), and seizures. Medical marijuana cardholders are allowed to have up to 2.5 ounces of marijuana in the vehicle with them as long as the marijuana is in a sealed container. Even if marijuana is medically prescribed, you are not permitted to be under the influence of cannabis while you are operating a motor vehicle.
What is Considered Aggravated Speeding in Illinois?
Many people think speeding is not that big a deal. While certain speeding offenses are only charged as minor traffic violations, in some cases, speeding can become a significant misdemeanor offense. While other drivers may zoom by you on the expressway, maintaining a reasonable speed keeps you, your passengers, and other drivers safer.
In Illinois, when your speed reaches a certain number of miles per hour over the posted speed limit, it can be considered aggravated speeding, which is a serious crime in Illinois. If you face charges of aggravated speeding, it is important you understand the charges and their potential consequences.
Illinois Speeding Laws
Current Illinois speeding laws define aggravated speeding as going 26 mph or more over the posted speed limit. These charges are more serious than a regular speeding violation and can carry consequences that are more severe than a normal speeding ticket. Aggravated speeding charges are classified by how far over the speed limit you are driving.
Illinois Man Charged with Driving While Suspended for 12th Time
In the state of Illinois, DUI charges are taken very seriously. Prosecutors and law enforcement typically punish offenders to the fullest extent of the law due to the risk drunk drivers pose to the public. According to the National Highway Traffic Safety Administration (NHTSA), there were 10,874 deaths resulting from car crashes involving drivers with a blood-alcohol level of .08 or higher in 2017. This means 29 percent of all fatal traffic accidents were caused by drivers who were under the influence of alcohol.
Repeat offenders are punished even more harshly, which does not bode well for an Illinois man who is accused of committing his third DUI and his 12th offense of driving with a suspended driver’s license.
Joliet Man Faces Seven Felonies Related to DUI
According to Will County Circuit Court records, the 46-year-old man faces seven aggravated DUI charges. This is the man’s 12th driving with a suspended or revoked license offense and his third of driving under the influence of drugs or alcohol. Court records indicate he faces two charges for DUI; three charges for aggravated DUI being a third offense, with one of those charges stating his blood-alcohol content was over .16; three counts of aggravated DUI with a suspended driver’s license; one count of aggravated DUI with no valid driver’s license; and two counts of violating a statutory summary suspension while committing a DUI.
Differences Between Theft, Robbery, and Burglary Charges in Illinois
In casual conversation, robbery, theft, and burglary may seem synonymous, but in the criminal justice system, they are not. Robbery, theft, and burglary are three different charges that have very different consequences.
Most people know these crimes all involve taking property that belongs to someone else, but there are various behaviors that constitute each offense. If you face robbery, theft, or burglary charges, it is important to understand the differences.
Theft
This is a crime in which an individual simply takes something that is not theirs. Theft occurs when you knowingly:
- Obtain control over property without permission from the property’s owner;
- Take control of property by use of threat or deception; or
- Take possession of property you know or should reasonably know to have been stolen.
Theft crimes range from misdemeanors to felonies, depending on the circumstances involved. The sentencing for theft crimes is directly related to the dollar value of the property that was taken. At the low end, if the property taken is valued at less than $500, then the crime is a Class A misdemeanor, punishable by up to one year in jail and $2,500 in fines. Theft crimes can also be classified as Class X felonies in extreme circumstances, punishable by six to 30 years in prison and fines of up to $25,000.
What Are My Rights During a Traffic Stop in Illinois?
When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.
Rights When Speaking to Police
Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?”
Options for Driving Relief After an Illinois DUI
For decades, various organizations in the United States have attempted to lower the number of DUI incidents and drunk driving deaths through a variety of methods. Despite many gains, fatalities continue. According to the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 people died in alcohol-related traffic crashes nationwide in 2017. Because DUI deaths remain common, DUI laws have become more strict and judges have sentenced offenders harshly.
One of the methods Illinois uses to deter DUI offenders from becoming repeat violators is by imposing driver’s license suspensions and revocations on those convicted of DUI. Still, many are given a chance to drive as needed to support themselves and their families.
Monitoring Device Driving Permit (MDDP)
If you are a first-time DUI offender, you will be eligible for an MDDP. This is slightly more lenient than restricted driving permits, as they allow you to drive wherever and whenever you want, as long as you have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. To be eligible for an MDDP, you must:
Penalties for Driving With a Suspended or Revoked License in Illinois
Though the most common way people have their driver’s license revoked or suspended is through a DUI conviction, there are multiple other ways this can occur. In Illinois, if you fail to appear in court when you are summoned, if you have unpaid parking tickets, if you have not paid court-imposed fines or child support, you could lose your license.
While it may be difficult to go through your daily routine without driving privileges, it is never a good idea to drive with a suspended or revoked driver’s license. Doing so can make a difficult situation significantly tougher, including mandatory incarceration or substantial community service.
First Offense
The first time you are caught driving while your driver’s license is suspended or revoked, you will most likely be charged with a Class A misdemeanor. With this charge, there is a mandatory 10-day jail sentence or 30 days of community service and you could face up to $2,500 in fines. If you are convicted, your driver’s license will be suspended for double the original suspension period. If your driver’s license was revoked, you will have an additional year added to your revocation period.
Former Illinois Lawmaker Faces Felony Charges for Posting Nude Photos
A former Illinois state representative has been charged with 12 felony counts after he allegedly posted nude photos of two different women without their consent. The man was said to have created fake social media accounts and used them to post the pictures, according to the Lake County State’s Attorney’s Office.
Man’s Former Girlfriend Accused Him of Posting Photos
Back in August, the representative’s former girlfriend accused him of posting nude photos on a fake Instagram account. He initially attempted to refute the allegations, but because of the claims, he resigned from his position as a state representative. The 35-year-old turned himself in to authorities and was arrested on $30,000 bond. He posted the required 10 percent of his bond and was released from jail on the condition that he have no contact with the alleged victims and that he stay off social media. He is currently awaiting arraignment.
Formal and Informal Administrative Hearings After an Illinois DUI
There are many consequences you can face after a DUI conviction. Depending on your specific circumstances, you could see hefty fines, jail time and a driver’s license suspension or revocation. If your license is suspended or revoked because of a DUI, you will be required to attend a hearing at the Illinois Secretary of State’s Office in order to apply for a monitoring device driving permit (MDDP), a restricted driving permit (RDP) or a full reinstatement of your driving privileges.
Administrative hearings come in two types: formal and informal. Just like the names sound, a formal hearing is more extensive than an informal hearing. It is important to understand the differences between the two types of hearings so you can be fully prepared when you attend yours with an experienced DUI attorney.
Informal Hearings
If you have not had a previous DUI conviction and your DUI offense did not involve a fatality, you will not have to attend a formal hearing to reinstate your driver’s license, only an informal hearing. These are held on a walk-in basis at certain Driver Services locations and conducted by an informal hearing officer. After the hearing, your hearing officer will submit all of your information to the office in Springfield, which will send you the result of your hearing in the mail.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
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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