|
|
|
Recent Blog Posts
Important Changes to Illinois’ Marijuana Laws
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.
How a Criminal Charges Can Place Your Livelihood at Risk – And What You Can Do About It
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.
Illinois Aggravated DUI: Factors that Can Increase the Penalty of Conviction in Your DUI Case
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:
Traffic Tickets: Should You Fight It Or Simply Pay the Fine?
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.
Naperville Makes Top Ten for DUI Arrests in Illinois
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.
Understanding Bail Bonds in Cook County
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).
DUI and the Interstate Driver License Compact
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.
Meth Arrests in Illinois on the Rise: Arrests and Convictions Not an Effective Solution
While law enforcement says that the number of methamphetamine lab arrests has decreased over the last few years, the number of actual users – those arrested for possession and other related crimes – seems to be increasing throughout the state of Illinois. Some Illinois residents may view this as a positive, but it actually shows a lack of insight and understanding of addiction. What is more, research is suggesting that the increase of arrests and convictions does not actually improve society. Instead, it creates more problems in the future.
Behind the Addict
Meth is a highly addictive substance that can change even the best of people. Yet law enforcement officials and the criminal justice system seem to overlook the person behind that addiction. They fail to see the family of those affected. Most of all, they do not consider the external and internal factors that can often lead to addiction. For example, those who live in poverty are more likely to suffer from a substance addiction, as are those who suffer from mental illness.
Illinois Senate to Vote on Expungement Bill to Make Employment Easier
In the state of Illinois, anyone with a prior criminal conviction must live in constant worry that another arrest – no matter how trivial – will go on their record. This is because it does, in fact, go on their record, even if they are released from charges. A bill, set to be voted on by the Illinois Senate, could potentially change all of that.
Arrests in Illinois Always Go on Your Criminal Record
Regardless of whether you have been previously convicted of a crime or are arrested for the first time, an arrest in the state of Illinois automatically goes on your criminal record. First-time offenders can have the arrest expunged from their record, but the process is complex, laborious, and expensive. Those who have any prior convictions (regardless of their nature) cannot have the arrest expunged.
Driving After Suspension or Revocation
Under Illinois law, there are many reasons a person’s driver’s license can be suspended. One of the most common is if they are convicted of driving under the influence of alcohol or drugs. However, people can also lose their driving privileges for traffic violations such as reckless driving or speeding. Sometimes people have their license suspended for reasons that have nothing to do with driving – such as failure to pay child support. Whatever the reason, a person who has had their license suspended faces serious charges if they are caught driving during that revocation period.
Possible Criminal Charges
If a person is caught driving without a driver’s license, and it is their first offense, they face Class A misdemeanor charges. A conviction can result in a jail sentence of up to one year and a fine of up to $2,500. Under certain circumstances, the person may be charged with a felony instead of a misdemeanor. One example is if a person who has been granted driving privileges during a Statutory Summary Suspension requiring they use a Breath Alcohol Ignition Interlock Device (BAIID) and they are caught driving without one.
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.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
