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Recent Blog Posts
Will I Go to Jail for Driving on a Suspended License?
Losing your driver’s license can make everyday life incredibly difficult, but getting behind the wheel without a valid license can lead to serious legal consequences. If your license has been suspended due to a DUI or another violation, you may be wondering, "Will I go to jail for driving on a suspended license?" The short answer is possibly, depending on the circumstances.
At Scott F. Anderson, Attorney at Law, we understand how frustrating it can be to lose your driving privileges. With more than 25 years of experience practicing criminal law as both a prosecutor and a defense attorney, our Illinois criminal defense lawyer helps clients in Rolling Meadows, Arlington Heights, and the surrounding areas fight charges and explore options for license reinstatement or a hardship license.
What Are the Penalties for Driving on a Suspended License in Illinois?
Illinois law takes driving on a suspended license seriously. The penalties depend on the reason your license was suspended and whether you have prior offenses.
What Happens if You Run Away From Police?
A lot of people — especially young guys — think that running from the police is a good idea at the moment. Maybe you panic. Maybe you think you can actually get away. Or maybe you just do not want to deal with the hassle of an arrest. But running away from police is a move that can make an already bad situation much worse.
In Illinois, fleeing from the police can turn a minor situation into a serious criminal charge. Whether you are on foot or in a car, trying to get away from law enforcement can lead to heavy fines, jail time, and a criminal record that follows you for life. If you have been arrested for fleeing or attempting to elude police, our Illinois criminal defense lawyer can help you understand your options and build a strong defense.
What Are the Penalties for Evading Arrest in Illinois?
Illinois law takes running from the police seriously, and the penalties depend on whether you were on foot or in a vehicle. Trying to run away from the police on food is usually charged as resisting or obstructing arrest, and it is a Class A misdemeanor. That means for this alone – not including any other charges you face – you could face up to a year in jail, up to $2,500 in fines, and probation.
Drug Possession on School Grounds
Being caught with illegal drugs anywhere in Illinois can result in serious consequences. If you were on school grounds or within 1,000 feet of a school when you were found in possession of drugs, you might face enhanced sentencing. Illinois schools, including colleges and universities, are designated drug-free zones. These laws are designed to make going to school safer for children and college students by minimizing drug activity near the school and on campus. However, not all drug activity within 1,000 feet of a school involves or threatens students. Many of those arrested for drug crimes on or near school grounds are students themselves. Parents who pick up or drop off their children are also vulnerable to these enhancements. If you were arrested for drug possession, possession with intent to sell, or drug distribution in a designated drug-free zone, you need an aggressive Arlington Heights, IL, drug crime lawyer. If you are found guilty and the court determines that these sentencing enhancements apply, your jail time could be doubled.
The Role of a Rape Kit in Sex Crime Prosecutions
When someone goes to a hospital in Illinois and says that he or she has been raped in the last several days, the patient will be offered a sexual assault examination, commonly called a rape kit. A specially trained nurse known as a Sexual Assault Nurse Examiner (SANE) may be called in to help collect evidence while another nurse takes care of the patient’s medical needs. This evidence may or may not be turned over to law enforcement, depending on whether the patient is willing to talk to the police and press charges. If someone has accused you of sexual assault, learning that he or she had a rape kit done can make you feel nervous. However, even if the rape kit shows that you undoubtedly had sexual contact with the alleged victim, this is not enough to prove that you are guilty of rape. The state will also have to prove that the sexual contact was nonconsensual.
How Do Cannabis DUIs Work in Illinois?
While cannabis is legal for adults over the age of 21 years old to possess and use in Illinois, it is not legal to drive while you are under the influence of THC. Some recent studies reported by the National Institutes of Health have found that cannabis use is not associated with an increased risk of causing a car accident. Anecdotally, you have likely heard others argue that they are, in fact, better drivers after consuming THC products. However, a large number of traffic accidents are attributed at least partially to cannabis impairment and it remains illegal to drive on a public roadway while you are under the influence. If you have been charged with a DUI because you tested positive for THC, you need a knowledgeable Arlington Heights, IL drug DUI lawyer by your side. Drug DUIs and the technology used to detect them are always changing, so it is important to have an attorney who stays up to date on DUI law and chemical testing technology.
Do I Need an Attorney For a Traffic Violation?
Sometimes, getting a traffic ticket is just an annoyance. If you have never had a ticket before, or it has been a very long time since the last time you were ticketed, you might not need to be too concerned about a simple speeding ticket or cell phone use violation. However, if you have had several tickets in the past five years, your driving privileges might be at risk. Too many violations can lead to a loss of license and increased insurance premiums when you can start driving again. More costly violations, such as speeding in a school zone, might also be worth fighting back against with the help of an Arlington Heights, IL traffic violations attorney. An attorney can help you understand what impact your ticket might have and whether contesting the ticket is best for you.
Repeated Traffic Violations and Your Driver’s License
Like many states, Illinois assigns points to your driver’s license each time you are cited. More points are assessed for more serious traffic offenses. For example, a ticket for running a red light would result in more points on your license than a ticket for a nonworking headlight. If you get too many points, your license can be suspended. If you have two or more tickets from the last five years, you may be very close to reaching that limit and losing your driver's license.
Students Who Commit Sexual Violence at School to Be Expelled
A new bill (Senate Bill 0098) recently introduced by Illinois lawmakers adds another layer of protection against sexual assault on school grounds. Under this bill, there would be a one-year expulsion policy for any student who commits sexual violence against another student at school or at a school-related activity.
While there are already laws in place that will expel a student for taking a weapon – including brass knuckles – to school, sexual assault has, to this point, been excluded. Those in favor of the new law say this is a school safety issue and will protect all students. Several other states, including California and Michigan, already have similar laws, although they each take sexual abuse incidents on a case-by-case basis.
How to Avoid Order of Protection Violations
Violating an order of protection is a criminal offense. If you are subject to an order of protection, you must carefully abide by the restrictions listed in the order. It is very important to take the time to read through the entire order of protection so that you know what is expected of you. This means avoiding places where you know you are likely to encounter the protected party and avoiding any attempts at communicating with him or her. An experienced Arlington Heights, IL domestic violence attorney can provide specific guidance to help you avoid violating your order of protection or the conditions of your pretrial release if you are also facing criminal charges. Violating the court’s orders while you are out on bond after a domestic violence arrest can make defending your case significantly more difficult.
What Restrictions Does Illinois Place on Child Sex Offenders?
Becoming a sex offender can change everything about your life. You will face restrictions on where you can live, where you can go, and who you can be around. Issues with housing and employment are to be expected. Many find that the social scorn that comes with being a registered sex offender has the biggest impact on their daily life. If you have been accused of a sex crime, you need a highly experienced Arlington Heights, IL sexual offenses attorney to fight for you. An accusation is not a conviction, and there is a lot an attorney can do to help you. It is best to reach out to an attorney as soon as you are aware that you are suspected of or have been accused of any sex crime, even if you have not been arrested yet.
Child Sex Offenders Must Avoid Places Where Children Congregate
In Illinois, child sex offenders cannot live near a school, daycare facility, park, or other places that are designed for people under 18 years old to congregate. This can make it challenging for a sex offender to find housing in more condensed urban areas.
Can Employers Discriminate Based on a Criminal Record?
As a general rule, Illinois employers cannot discriminate against current or prospective employees simply because an employee has a conviction record. However, an employer can take adverse action against an employee or applicant if the worker’s conviction is substantially related to his job duties or if a particular conviction legally disqualifies him from working in certain positions. People with criminal convictions who are able to maintain gainful employment have a much lower chance of being re-arrested than people who are unable to find work. Illinois’s law seeks to balance the need for people with past convictions to work with the need to keep workplaces safe.
If you are facing criminal charges, you need an experienced Rolling Meadows, IL criminal defense attorney on your side. An attorney may be able to have your charges reduced or dismissed so that they will have even less of an impact on your employment prospects.
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
