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Recent Blog Posts
How DUI Consequences Change When a Child Is in the Vehicle
It does not matter what situation you are in when you are charged with a DUI - they are all serious charges. However, if you are found to be driving while intoxicated when a child is present in the vehicle, your punishments will be much more strict. In Illinois, penalties for DUI increase if a child under the age of 16 years old is riding in the vehicle - but it does not stop there. In addition to DUI charges, you can also face other criminal violations, such as child endangerment. You could also be charged with more serious crimes if the child suffered an injury because of you.
DUI With a Minor in the Vehicle
According to the Illinois Vehicle Code, a first conviction for DUI is a Class A misdemeanor, which comes with a loss of driving privileges for one year, a possible sentence of up to one year in jail, and a maximum fine of $2,500. If you had a child in your vehicle while you were driving under the influence, that sentence is a mandatory minimum of six months in jail, a mandatory minimum $1,000 fine, regardless of your ability to pay, and 25 days of community service in a program that benefits children.
Understanding Laws Regarding Age of Consent and Sex Crimes in Illinois
We have all heard the saying that “age is just a number,” or some similar sentiment. While that saying may be true for certain couples, when it comes to sexual relationships, age can become very important, and it can be the deciding factor as to whether or not you are committing a crime. Age of consent laws were enacted to prevent children and adolescents from being taken advantage of, and these laws differ from state to state. Violating age of consent laws can result in sex crime accusations, which should not be taken lightly, since they come with serious consequences.
What Is the Age of Consent in Illinois?
The age of consent refers to when the law determines that a person is able to consent to sexual acts. In Illinois, the age of consent is 17, meaning that if a child is under the age of 17, they cannot legally give their consent to a sexual act. If a child is 16 and willingly performs a sexual act with an adult, the other person can face criminal charges, because the 16-year-old is seen as not being mature enough to consent to such an act or not fully understanding the ramifications of such an act.
4 Things to Know About Traffic Violations in Illinois
When you are driving, the last thing you want to see is red and blue lights flashing in your rearview mirror. Being stopped for a traffic violation is no fun for anyone, and depending on why you were stopped, you could be facing serious consequences. Your quick trip to the grocery store could end up being a long process of fighting a traffic ticket. You can get cited for multiple traffic-related offenses in Illinois, and if you do end up getting a traffic ticket, here are four things you should know:
1. There Are Different Types of Violations
In Illinois, traffic tickets can be one of two types: a moving violation or a non-moving violation. A moving violation occurs when a law is broken while you are driving your vehicle. Examples of moving violations include:
Prescription Drug Crimes in Illinois
Many people may think that drug crimes just deal with illegal drugs, like marijuana or heroin, but that is not the case. Under the Illinois Controlled Substances Act, prescription drugs are also covered. Though both illegal and legal drugs are in the Controlled Substances Act, prescription drugs are only legal when they are prescribed to you by a physician and you are using them in accordance with the directions on the bottle and your doctor’s orders. You can get in trouble by abusing prescription drugs, just like any other drugs.
Types of Controlled Substances
In Illinois, the Illinois Controlled Substances Act designates certain legal and illegal drugs, their classifications and the penalties for possession, distribution or misuse. The most commonly misused prescription drugs are:
- Adderall;
- Xanax;
Chicago Man Sentenced in Absentia in Sexual Assault Case
A man in chicago has been found guilty of sexual assault even though authorities have not been able to locate him for two years. The man was found guilty on three counts each of sexual assault and aggravated sexual abuse in July, even though he did not attend his trial. He was sentenced Tuesday to 27 years in prison.
Abuse Took Place Over a Year Starting in 2014
According to prosecutors, the man sexually assaulted the girl beginning in July 2014 and continued to do so until October 2015. The acts of abuse supposedly took place in the man’s residence in West Chicago. The victim was at a hospital for unrelated reasons when she told a hospital employee about the abuse. The hospital reported the abuse to the West Chicago Police Department who then alerted the DuPage County Children’s Center.
Man Was in Police Custody at One Point
Understanding Ignition Interlock Devices in Illinois
A DUI conviction can be devastating - your freedom and your reputation can be at stake. Being convicted for DUI can mean serious consequences including the possibility of jail time and steep fines. When you fail a chemical test to determine your BAC during a traffic stop, you will automatically be subject to a statutory summary suspension, which is the Secretary of State’s administrative action of suspending your license. During the suspension period, you can apply for a monitoring device driving permit (MDDP) if it is your first offense, or a restricted driving permit (RDP) if it is your second or third offense.
What Is a Breath Alcohol Ignition Interlock Device?
If you are convicted of a DUI and wish to still have driving privileges, you are required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. A BAIID is a device that is installed in the ignition of an offender’s vehicle and measures the driver’s blood-alcohol content using their breath. The BAIID will not allow the vehicle to start if the driver’s BAC is determined to be over .025. The driver must blow into the device to start the vehicle and periodically blow into the device throughout their trip to prevent drinking after the vehicle has been started.
Types of Field Sobriety Tests Used in Illinois
In recent years, police have begun cracking down on drinking and driving, taking it more seriously than ever before. Because of the direct correlation between fatal accidents and alcohol involvement, police have modified and refined their methods for determining whether or not a person is under the influence of alcohol when they are pulled over. Often, police already have a suspicion when they pull a driver over that they are under the influence of alcohol and will then conduct field sobriety tests to gain enough cause to proceed with DUI charges. Field sobriety tests can be beneficial when used in a pinch, but their validity has been debated for years.
Initial DUI Detections by Police
When a police officer first pulls you over with the suspicion that you have been drinking, he or she will be looking for various signs of intoxication. These signs can be gathered by the senses during face-to-face contact before the officer even asks you to step out of your vehicle. Signs the officer might be looking for include:
New Bill to Crack Down on Synthetic Marijuana in Illinois
A new bill that was signed by Illinois Governor Bruce Rauner will amend the Illinois Controlled Substance Act to include more synthetic forms of marijuana, also known as synthetic cannabinoids. Senate Bill 2341, which was sponsored by Senator Jacqueline Collins, was created to hopefully severely limit the availability of these kinds of drugs, many of which have unknown side effects and some of which are known to be deadly. Manufacturers and those in possession of synthetic cannabinoids will be affected by this bill.
Bill Closes a Loophole in Law
Prior to this bill, there were many synthetic cannabinoids that were already illegal, but manufacturers could easily get around the law by making an insignificant change in the drug’s chemical structures. By making small changes, manufacturers could still sell the synthetic cannabinoid substances and avoid criminal charges because the new chemical structure was not illegal yet. The revised Controlled Substance Act provides that all synthetic cannabinoids are now illegal if they are not approved by the U.S. Food and Drug Administration, or if they are misused.
When Sex Offender Registration Is Required in Illinois
One of the most damaging crimes a person can be charged with is a sex crime. Because of their violent nature, sex crimes are taken very seriously, as are their allegations. In some instances, you can be forced to register as a sex offender in Illinois for the rest of your life. The sex offender registry is a state-wide system that contains information about sex offenders, such as where they live if they are compliant with registration requirements, their convictions, and photos of them.
Offenses Requiring Sex Offender Registration
According to the Illinois Sex Offender Registration Act, registration is required when a person is convicted or adjudicated for crimes such as:
- Indecent solicitation of a child;
- Sexual exploitation of a child;
- Charges involving juvenile prostitution or juvenile pimping;
Expungement: How to Clear Your Criminal Record in Illinois
You do not have to be convicted of a crime to have a criminal record - if you have been arrested or charged with a crime, you have a criminal record. Criminal records are public, meaning that anybody can see them, including friends, family, and employers. If you meet certain criteria, you can have your record expunged or sealed, meaning your slate could potentially be cleansed.
Expungement vs. Sealing
Though the processes to get your records expunged or sealed are very similar, they are not the same. Expungement is when your criminal record is either destroyed or returned to you, almost as if the events in the record never happened. The public nor police or the government can see anything on your record. Sealing is the process of hiding your record from the public but does not erase your record completely.
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