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Recent Blog Posts
New Year Signals Start to Illinois Bail Reform Act
In the weeks leading up to the new year, counties throughout Illinois are preparing to implement the facets of a new law that should reduce jail overcrowding. Signed into law earlier this year, the Illinois Bail Reform Act was created with a goal of making it easier for those charged with minor criminal offenses to remain free until they are required to appear in court.
Defendants Now Have Options to Gain Release
Proponents of the new legislation indicated that the previous bail system unfairly detained the poor and indigent for relatively minor offenses. The new law is said to restore a defendant’s constitutional rights, and avoid serving time in jail prior to actually receiving a trial.
- Each defendant must have legal representation at their initial court appearance.
- No cash bail will be required for their release if the defendant is judged not to be a threat to the community.
Incidents of Carjacking on the Rise
While reports of gun violence, the opioid epidemic, and cyber crimes seem to dominate the news these days, occurrences of carjackings are on the rise in northeast Illinois. A violent crime that seems to have evolved from car theft now resembles more of an armed robbery or strongarm robbery.
By The Numbers
Once thought to be confined to high-crime neighborhoods, reports of carjackings are on the uptick in areas throughout Chicago. Since nearly 900 carjacking reports were made in 2007, carjacking reports slowly decreased to about 300 incidents in 2014. However, this type of crime has steadily increased to the point that the number reported through October of this year is nearly equal to all of 2016.
- 663 carjackings in 2016 was nearly a 100 percent increase over the previous year.
- The spike in carjackings accompanies an increase in nearly all categories of crime in the city.
Veterans May Qualify for Treatment Court
The justice system allows for a number of alternatives for offenders who, rather than serving jail time, can make amends for illegal behavior by taking part in a diversion program. One specific type of program is the Veterans Treatment Court, which was created to for those who served in a branch of the military who find themselves facing drug charges or a driving under the influence (DUI) arrest.
An Alternative to Incarceration
Set up similar to that of a drug treatment or mental health treatment court, the very first veterans court began hearing cases in 2008 in Buffalo, New York. These veterans courts have since been established throughout the country, including Illinois. These courts were designed specifically to hear cases involving United States veterans after it was determined that many offenses were the result of battles with Post Traumatic Stress Disorder (PTSD).
Illinois Drops Statute of Limitations on Child Sex Abuse Crimes
Except in cases of murder, treason, arson and forgery, among others, the prosecution of crimes is restricted by a statute of limitations. This law sets a time limit under which law enforcement and prosecutors have to charge a suspect with a crime. Illinois made a change earlier this year when legislation was passed and signed that eliminated the statute of limitations for sexual assault and abuse committed against children.
Reaction to Decades-Old Case Prompted Change
A once-prominent elected official from the state of Illinois had sexually abused high school students during his time as a teacher and coach in the 1960s and 1970s. When it was learned that he would only face sentencing for financial-related crimes, citizens urged their legislators to make changes to state law.
The result was a bill eliminating the statute of limitations for crimes of a sexual nature against children. Governor Bruce Rauner signed the bill in August of this year.
Facing Domestic Violence Charges in the State of Illinois – What You Need to Know
Individuals who are arrested on domestic violence charges often underestimate the impact that a conviction can have on their lives. Sadly, a mistake like this can have lasting and potentially even life-long repercussions. Learn more about the potential consequences of a domestic battery charge, including how it may affect you or your loved one, and discover what an experienced criminal defense attorney can do for you in a domestic battery criminal case.
How It Happens
Domestic battery charges usually stem from an argument that has been reported to the police. Sometimes it is one of the involved parties that calls. Other times, it is a neighbor or a passerby. Either way, law enforcement shows up and evaluates the situation. They typically talk to the involved parties, as well as any potential witnesses to the argument. If anyone appears to be injured, or if there is evidence to suggest that someone has been harmed, law enforcement may attempt to determine fault so they can make an arrest. If you happen to be the one that they believe started the argument, you will need a defense attorney that can fight against the impressions and judgments of the officers – someone who has your best interest in mind.
Potential Consequences of Methamphetamine Possession in Illinois
Being arrested for the possession of methamphetamines is often a frightening experience, but it is only the first phase of your criminal processing. While you are technically considered innocent until proven guilty, the prosecution may have already taken steps to press charges against you for the crimes you have allegedly committed. Learn what the consequences may be if you are convicted, and discover how an experienced drug charges defense attorney may be able to help you mitigate against them.
Methamphetamine Drug Charges in Illinois
While some crimes may be considered a misdemeanor on the first offense (such as driving while under the influence of alcohol), other crimes are always considered felonies. Methamphetamine drug charges are a prime example because there is no such thing as a misdemeanor methamphetamine possession charge. However, the felony classification and severity of the consequences will usually vary from one case to the next. Much of this is because there are a variety of factors that the courts and prosecution may consider (i.e., amount of drugs that allegedly in possession, number of previous offenses, etc.). Specifically, methamphetamine possession will typically be considered:
Examining the Potential Consequences of a Felony DUI Charge
Felony DUI charges, otherwise called an aggravated DUI in the state of Illinois, can result in serious and life-long consequences. DUI convictions are also unique in that they may result in the suspension or revocation of the defendant’s Illinois driver’s license. Learn more about the potential consequences of a felony DUI charge, and discover how an experienced DUI criminal defense attorney may be able to improve the outcome if your case.
What Constitutes a Felony DUI?
Most often, felony DUI charges will stem from repeated offenses (three or more). However, there are other situations that may lead to a felony DUI, even on a first offense. Examples include:
- DUI committed while driving a school bus with child passengers;
- Second DUI committed with a passenger under the age of 16;
Getting Your Illinois Driver’s License Back After a DUI Arrest
Losing your Illinois driver’s license after a DUI arrest can be frustrating, infuriating, and inconvenient, all at once. In some cases, it may even place your livelihood at risk. Thankfully, it may be possible for you to reinstate your license – even if only partially. Alternatively, it may be possible to avoid the suspension altogether. Learn more about protecting your Illinois driver’s license after a DUI arrest, and discover how an experienced DUI defense lawyer can help.
Probation and DUI Treatment Programs
Probation and DUI treatment programs can serve as a viable alternative to long-term license suspension for some individuals. It requires that the individual receive an evaluation, attend treatment, and have knowledge of the effect that alcohol can have on the mind and body. Some may also be required to attend support groups, even after their probation or treatment program is complete. Keep in mind that this option is usually only available to first-time offenders and that successful completion of the process is required to avoid conviction.
Protecting Your CDL After a DUI Arrest
Driving under the influence can place anyone’s livelihood at risk. However, those that have a commercial driver’s license (CDL) are especially at risk – not because the consequences are necessarily more severe, but because others may have a way to work around their DUI. This is not the case for the commercial driver. Learn how you can protect your CDL after a DUI arrest, and discover what an experienced criminal defense attorney can do to help.
BAC Limits for CDL Drivers
While most drivers are held to a maximum BAC of less than 0.08, CDL drivers have an even lower legal limit. They must never reach or exceed a BAC of 0.04, or they risk a disqualification (DQ) of their CDL license. If they are caught driving with a BAC of 0.08 or higher, their state driver’s license may also be at risk for suspension. Drivers may also be subject to felony criminal charges if there are certain aggravating factors in their case (i.e. an accident that resulted in significant injury or the death of another driver).
Fighting an Order of Protection in Illinois
Orders of protection, or restraining orders, may be issued for a variety of reasons. However, they are most typically seen in cases that involve charges of stalking or domestic violence. What can you do if you have been served an order of protection? Is there any way that you can fight back? The following information explains, and it provides some important details on how an experienced criminal defense lawyer can help.
Complying with the Order
While it can be shocking to be served with a restraining order, it is crucial that you comply with the terms to reduce your risk of any further consequence. Do not attempt to contact the petitioner or anyone else that is listed on the order. Stay away from their home, their place of work, and places that they frequent. Essentially, avoid the petitioner and any other named individuals at all costs because your freedom could depend on it.
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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