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Recent Blog Posts
What Are the Laws Surrounding Cell Phones and Driving in Illinois?
Cell phones have proven to provide many benefits and much convenience, but as they become more prominent in our daily lives, they have also become more prone to have issues. The past couple of years have shown an upward trend in the number of cases of distracted driving across the United States. According to the National Highway Traffic Safety Administration (NHTSA), around 2,800 people died in distraction-related accidents while an estimated 400,000 people were injured in distracted-related driving accidents in 2018, the latest year for which data is available. In recent years, more states have passed laws making cell phone use and distracted driving illegal, as is the case in Illinois.
Illinois Cell Phone Laws
In Illinois, drivers are forbidden from using what the state defines as “electronic communication devices.” According to Illinois law, electronic communication devices include cell phones and any other small computer or handheld electronic device that is not integrated into your vehicle. The state of Illinois does not permit the use of electronic communication devices while driving. However, there are a few exceptions to that rule.
Understanding Court Supervision as a Sentence for Crimes in Illinois
It can be a scary experience when you or a loved one has been charged with a crime. There are many parts of the criminal justice system that are confusing, overwhelming, and at times just downright frustrating. Much of this frustration and anxiety stems from the initial uncertainty of the outcome of the situation and how it will affect the rest of your life. Certain criminal offenses carry stigmas with them and a conviction on your record could mar it forever. Some crimes even result in consequences that could impact you for the rest of your life, such as if you were convicted of an offense that will never be eligible for expungement. Fortunately, your fate is not set in stone when you are charged with a crime. There are also a variety of sentencing options that are available for the judge to choose from in many cases, including court supervision.
Top Tips for How to Avoid Driving Recklessly in Illinois
With a legendary athlete in the news recently due to a serious car accident and with him having a history of being charged with reckless driving, it is an opportune moment to discuss this further, whether Tiger Woods is charged with any traffic violations or not. Overall, it is easy to shrug off most traffic violations as minor, but the truth is many of these violations can be considered from within the purview of criminal law; in fact, certain traffic violations, if serious enough to result in imprisonment, can result in either a felony or a misdemeanor. One of these crimes in Illinois would be reckless driving. Read on to learn the Illinois definition of reckless driving and how you can avoid driving recklessly.
Reckless Driving: Defined by Illinois State Law
Can You Refuse a Breathalyzer Test in Illinois?
It is very scary to see the lights of a police car and hear the siren any time you are on the road. When the officer approaches your window and starts asking questions, it is natural to be nervous. Law enforcement officers are often overzealous when they are trying to make an arrest, and they may say you are legally obligated to perform certain tasks. One of these might be submitting to a breathalyzer test. So, can you refuse the breathalyzer test? You can, but there are consequences you may face. Regardless of the choice that you make at the stop, an experienced DUI lawyer can help with your case.
Implied Consent Laws in the State
The law in Illinois states that all motorists have given implied consent to blood alcohol content (BAC) testing every time they get behind the wheel. However, this law only applies when you have been arrested for a DUI. This means that until the officer arrests you on suspicion of a DUI, you are under no obligation to submit to a breathalyzer test. Regardless of what the police officer says, they cannot force you to take the test unless you have been arrested. Even then, no one can physically force you to take the test, but there are consequences if you refuse.
When Do Police Need a Warrant to Search My Home in Illinois?
In the state of Illinois, there are hundreds of crimes that you could be accused of committing, ranging from petty traffic violations to serious felony offenses that could change your life forever. Depending on the severity of your case, the prosecutor will determine what kind of evidence he or she needs to build a case against you. Evidentiary items, such as specific objects, weapons, or even DNA are typically taken from the scene where the crime was alleged to have taken place. However, in many cases, the police may opt to search your home or even your vehicle if you are charged with a crime. Under the Fourth Amendment to the United States Constitution, each person has certain rights and protections with regard to searches and seizures. If those rights are violated, the validity of the evidence obtained during the search and seizure may become compromised.
New Illinois Reform Bill Affects Cash Bail, Police Accountability
In recent years, the term “criminal justice reform” has been touted day in and day out as something that is desperately needed across the country. Many groups have been calling for major changes to multiple elements of the criminal justice system, though no such law had been passed until now. Recently, both the Illinois House of Representatives and Illinois Senate passed HB3653 and sent the legislation off to the desk of Illinois State Governor J.B. Pritzker for a final signature. HB3653 contains many new laws that help those who have been charged with or arrested for a crime.
Cash Bail to Be Eliminated
One of the biggest changes that HB3653 brings is the elimination of the cash bail system. Bail is the current system that is used to release individuals who have been charged with a crime from jail before their trial, while still ensuring they will return to their court hearings and appearances. However, cash bail is often far-fetched for many people, even when only 10 percent of the amount is required to be posted. This resulted in prisons being overcrowded with individuals awaiting trial simply because they could not afford to get out of jail. By eliminating cash bail, non-violent offenders can await trial in their own community and violent offenders must remain in jail, regardless of their ability to pay.
Can I Be Held Accountable for a Crime That Someone Else Committed?
When it comes to the people responsible for a crime, in some cases, it can be more than just the offender who is held responsible for the commission of the crime. This is the basic idea behind the concept of criminal accountability. In the state of Illinois, it is legal for a person to be arrested and charged for simply knowing about a crime that someone else committed. While this may seem unfair, the law of accountability has actually helped Illinois law enforcement with the prosecution of criminal organizations and gang members. However, the law of accountability can also unfairly and unjustly convict innocent people of crimes that they did not commit and should not be accountable for.
What Is the “Law of Accountability” in Illinois?
Many states across the country, including Illinois, have created laws that are known as accountability laws, which allows the state to convict individuals of crimes that they did not commit, but that they were “accessories” to or “passive participants” in. Specifically, the Illinois Criminal Code states that a person is legally accountable for the actions of another person when they have the intent to promote or facilitate the commission of a crime and they aid, abet, agree, or attempt to aid another person in the planning or commission of the offense.
When Are Sexual Assault Charges Considered Aggravated in Illinois?
Out of all of the crimes that you could be accused of committing, sex crimes are some of the most unforgiving and harsh offenses to face. Sex crimes, such as sexual assault, are some of the most underreported crimes ever, yet they still appear in alarming numbers across the country. According to FBI crime statistics, there were nearly 140,000 police-reported cases of rape and sexual assault across the country in 2019. Sexual assault is a serious crime and is punished accordingly in Illinois; however, charges can be elevated even more to felony charges in certain circumstances.
Sexual Assault
According to Illinois law, sexual assault occurs when a person commits sexual penetration and the person uses force or the threat of force or knows that the victim is unable to give knowing consent to the act. Criminal sexual assault is typically charged as a Class 1 felony in Illinois, which carries a prison sentence of 4-15 years and up to $25,000 in fines.
Is My Marijuana-Related Charge Eligible for Expungement in Illinois?
Beginning in early 2020, the state of Illinois legalized the sale, purchase, and use of recreational marijuana, effectively decriminalizing the substance in most situations. The Cannabis Regulation and Tax Act (CRTA) made it legal for most adults over the age of 21 to consume, sell, or purchase cannabis. The Act also contained important legislation detailing the process and timeframe for expungement, sealing, or pardoning of eligible marijuana-related criminal records. Now more than one year later, nearly 500,000 non-felony marijuana-related arrest records have been expunged. Expungement of your prior cannabis-related arrest records can have a very positive effect on your life.
Do Not Ring in the New Year With a DUI Charge in Illinois
For many people, 2020 has been a stressful, never-ending nightmare of a year. One of the most significant and deadliest viruses in modern history, COVID-19, spread like wildfire and continues to rage on in certain parts of the world. Thankfully, there is a light at the end of the 2020 tunnel with a vaccine starting to be administered. Many people use the holiday as an evening to celebrate the going of the past year and to welcome the near year in, but your new year could get off to a troubled start if you do not celebrate your New Year’s responsibly and decide to drink and drive.
According to the National Safety Council (NSC), the New Year holiday is typically a heavy drinking period, involving increased instances of DUIs and traffic fatalities. In 2018, 39 percent of all traffic fatalities that occurred during the New Year holiday season involved alcohol-impaired driving, compared to 29 percent of all traffic fatalities throughout the year. Illinois DUI charges come with serious consequences, so avoiding a DUI conviction is always the priority. An Illinois DUI defense attorney can help you understand your charges if you have been arrested for DUI in Illinois.
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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