Posted on September 05,2016 in Sex Crimes

While almost any criminal charge can have a serious and negative impact on your life and future, those that arise from sexual assault allegations can be especially devastating. Now, instead of just having your job, freedom, and finances on the line, your reputation – and where you fit into your community – could be jeopardized. Moving will not fix anything either since a conviction for one of these crimes tend to follow you everywhere you go. If you are facing a sexual assault charge, understand what is at stake, and what you can do to avoid the negative consequences of conviction.

Majority of Sexual Assault Crimes Are Charged as Felonies

While not all sexual assault crimes are considered felonies, a large percentage of them are. This means that consequences of conviction could be greater. You may be sentenced to a year or longer in prison and you may be forced to undergo onerous supervision once you are released. The felony conviction on your record could also limit your employment and housing opportunities, making it difficult for you to support yourself or your family once you are released.

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 Posted on August 23,2016 in DUI

When it comes to DUI laws and penalties, each state is different. A recent analysis, which was conducted on all 50 of the United States, found Illinois to have some of the aggressive DUI programs. What does this mean for Illinois drivers who are charged with a DUI? First and foremost, it means that every driver facing a DUI should seek assistance from an experienced and aggressive criminal defense attorney. The following information explains why.

Even First-Time Offenders Face Serious Consequences

While many other states simply assign a fine and possible jail time for those convicted of a first-offense or even second-offense DUI, those charged and convicted of a DUI within the state of Illinois face far more serious penalties, even for their first DUI offense.

After a DUI arrest, Illinois offenders are issued a summary suspension of their license. Unless they contest the charges, this automatically suspends their license within 45 days of issuance. Some may be able to seek driving relief through a Monitoring Device Driving Permit (MDDP), but this requires that the driver install a Breath Alcohol Ignition Interlock Device (BAIID). This adds even more fees – calibration fees, monthly maintenance fees, and installation fees – to their growing list of DUI penalties.

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 Posted on August 16,2016 in DUI

Each year, more than 30,000 drivers are arrested in Illinois for driving under the influence (DUI). Some are repeat offenders, with at least one other DUI conviction on their records. However, there are others who may be facing their first DUI offense. If you or someone you love falls into the latter group, and you were recently arrested, the following information can help you better understand the cost and consequences of a first-offense DUI in Illinois.

Criminal Consequences

In the state of Illinois, a first-offense DUI is considered a Class A misdemeanor offense, and it carries with it a fine of $500 to $2,500 and the possibility of up to one year in jail. If the defendant agrees to certain conditions (alcohol awareness education courses and a reinstatement process), then the jail time may be waived for first-time offenders. However, this offense is always held on your record, meaning that you a second offense – even 20 years down the road – will have harsher criminal penalties.

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 Posted on August 09,2016 in Drug Crimes

Even as other states began legalizing the possession of marijuana, and cities throughout Illinois began to decriminalize it, Illinois held steadfast to the laws that put hundreds of low-level, nonviolent offenders in jail. That has all changed, thanks to the recent passing of Senate Bill 2228. Understand what this bill means for you and your family, and how it may affect you in the future, should you find yourself stopped with marijuana on your person.

Possession Under 10 Grams No Longer a Criminal Offense

Prior to the bill, possession of 2.5 grams of marijuana or less was charged as a Class C misdemeanor, which carried a jail term of up to 30 days. Possession of 2.5 to 10 grams was charged as a Class B misdemeanor, which carried up to a six month jail term. Conviction on either level also resulted in significant fines. Effective immediately, these laws are no longer considered valid. Instead, possession of 10 grams or less is now considered a civil offense, which limits the punishment of being caught with it in your possession to a fine of $200.

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 Posted on August 02,2016 in Criminal Law

Many employers now conduct background checks as a condition of employment. In fact, one survey suggested that as many as 92 percent of all employers perform at least some form of a criminal records check before hiring for some or all of their positions. In today’s tight job market such checks can make it extremely difficult for anyone with a criminal record to find gainful employment, and even those that already have a job may be at risk for losing their livelihood. Understand how a criminal conviction can put your job and/or employability at risk, and what you can do to avoid such consequences.

General Employment

Whether it is stocking shelves at a local supermarket or running a register at a local retail store, your criminal record matters when applying for a job. Of course, employers cannot obtain your criminal report without your consent, and they must notify you if they intend to disqualify you because of your record, but this does not help you if a criminal background check is a condition of employment. You do have other protections, however. Illinois state law strictly prohibits employers from asking about expunged or sealed records, and they cannot base an employment decision on arrests that did not lead to conviction.

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 Posted on August 01,2016 in DUI

Anyone who is caught driving with a blood alcohol content (BAC) of 0.8 or higher becomes subject to Illinois’ aggressive DUI program. Further, there are certain factors and considerations that can change that DUI charge to an aggravated DUI, which is considered a felony. If you or someone you love has recently been arrested for drinking and driving, know what these factors are, how they can impact a DUI case, and what can be done to pursue the most favorable outcome possible.

Factors and Considerations in an Aggravated DUI

To determine charges and sentencing in a DUI case, judges look at mitigating and aggravating factors and weigh them against the state’s minimum and maximum sentencing guidelines. When mitigating factors (those that may lessen the impact of a DUI) are present – such as having an otherwise clean driving record or being just over the legal limit – the judge may consider a sentence closer to the minimum guidelines. In contrast, aggravating factors (those that indicate severe recklessness) can negatively impact your case and result in a sentence closer to the maximum penalty under law. In particular, there are certain aggravating factors that can lead to an aggravated DUI, including:

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 Posted on July 25,2016 in Traffic Violations

Under Illinois state law, there are numerous traffic violations. Disobey any one of them and you become at risk for a traffic violation. Unbeknownst to many, it is possible to fight most traffic violations, but is fighting you latest one really worth the trouble? The following information can help you decide.

Did You Actually Violate the Law?

Interestingly, most police officers do not actually know the exact wording of the law. As such, they may write you a ticket for a violation that you did not actually commit. This does not necessarily mean that you did not violate the law; it really only means that the exact wording of the violation does not quite encompass your behavior. If, for example, you were ticketed because you slowed but did not fully stop at a stop sign, you may be able to contest the ticket if no other vehicles were at the intersection.

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 Posted on July 18,2016 in DUI

Getting arrested for a DUI is more than just inconvenient. It can upheave your life. It can lead to jail time, driving restrictions, and significant fines. It can also ruin your reputation and lead to a conviction on your criminal record. Naperville also happens to be one of the top ten places in Illinois where one of these arrests can happen. Thankfully, our DUI defense attorneys can help protect you from the potential consequences of a DUI charge.

Study Finds Naperville to Be the Top Ten for DUI Arrests

Conducted by the Alliance Against Intoxicated Motorists, a recent study examined DUI arrest statistics dating all the way back to 1990. Naperville, which was found to be in the top 10, saw a slight decrease in DUI arrests (less than five percent). However, it still ranked as fourth for Illinois DUI arrests. Other cities that landed in the top 10 included Aurora, Elgin, Decautur, Bloomington, Rock Island, and Lombard.

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 Posted on July 08,2016 in Criminal Law

When facing criminal charges, you may be eligible for bail. This may give you the opportunity to spend time with family, work, and handle personal matters outside of police custody while you are awaiting trial for your charges. However, it is important to understand that bail is different for each case and situation. Furthermore, not everyone is eligible. Understand what bail is, how it works, how the amount is determined, and whether or not you may be eligible for bail in Cook County.

What is a Bail Bond?

Bail is an amount of money, set by a judge and paid to the courts, and the bond acts as a sort of collateral. By paying it, you are giving up something to be released from custody and are more likely to follow the rules to ensure the bond is not forfeited. These rules include not leaving the state of Illinois, appearing at all court hearings, not possessing a firearm or dangerous weapon, and not committing any further crimes while on release. In some cases, you may also be restricted from contacting the defendant (i.e. domestic battery cases).

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 Posted on June 29,2016 in DUI

If you are traveling in another state and get charged with driving under the influence of alcohol, you may think that whatever happens with those charges will not affect your driving privileges in your home state. However, in the majority of states, you would be wrong.

The Interstate Driver License Compact

All but several states in the country have agreed to the Interstate Driver License Compact. The states that do not participate are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. The state of Illinois has signed the contract and is a participating state. The Interstate Driving Contract is simply a contract between states where they agree to not only share information regarding DUI arrests, but also agree to honor any driver license suspension imposed on the person who has been charged. 

Although the state where a person is arrested can revoke driving privileges of the accused for the period of time they are in that particular state, it cannot revoke the accused’s driving privileges in their home state. The home state must make that determination. For example, if a resident of Illinois is vacationing in Florida and they are charged and convicted of a DUI, Florida can suspend the person’s driving privileges in Florida. The state will then report the information to Illinois, who could then revoke the person’s Illinois driver’s license.

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