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Recent Blog Posts
Illinois Penalties for Illegally Transporting Marijuana in Your Car
No matter what your feelings are on the subject, the truth of the matter is that more and more states have been legalizing the use and possession of recreational marijuana for adults. Currently, marijuana is still illegal by the standards of the federal government and classified as a Schedule I drug, meaning it has a high potential for abuse and does not have any medical benefit. However, since states have the ability to create and implement their own laws, there are some states in the country that allow adults to consume and possess marijuana, although there are typically specific laws that must be followed. In Illinois, there are strict laws pertaining to the usage, possession, manufacture, distribution, and transportation of marijuana products in Illinois. Breaking these laws could result in misdemeanor or felony charges, depending on the severity of the criminal offense.
What Are the Penalties for an Illinois Concealed Carry Violation?
Across the United States, the process for being legally permitted to own and conceal carry a firearm is different, depending on which state you are a resident of. In Illinois, the process to purchase a firearm as well as the process to obtain a concealed carry license (CCL) can be lengthy and considered a hassle by some, but it has protections in place meant to keep citizens safe. When these processes are not followed or are otherwise violated, you can actually be charged with a crime and face the penalties for it. If you are facing any type of weapons violation, an Illinois criminal defense attorney can build a strong defense on your behalf and in some cases, reduce or eliminate your charges altogether.
Types of Violations
In Illinois, the Firearm Concealed Carry Act is the legislative text that governs the issuance, distribution, revocation, violation enforcement, and use of concealed carry licenses. Here are a few of the main violations regarding CCLs:
Can My BAC Level Affect the Consequences of My Illinois DUI Charge?
One of the most common crimes committed on the roads of Illinois is driving while under the influence (DUI). According to data from the Illinois Secretary of State, there were more than 26,200 drivers arrested for DUI across the state of Illinois in 2019. Being charged with driving while you are impaired can result in serious penalties, such as jail time, driver’s license revocation, and fines. However, certain circumstances can dictate how severe your penalties are, including what your BAC level is. In Illinois, a higher BAC could also mean a more serious sentence. Hiring an Illinois DUI defense lawyer is strongly advised if you are facing any kind of DUI charge.
Illinois DUI Charges and Your BAC
Before you are even arrested, the officer who pulled you over will likely begin to evaluate you to determine if you are intoxicated or impaired in any way. You may be asked to submit to field sobriety tests, which may consist of a walk-and-turn test, one-leg-stand test, or possibly even a preliminary field breathalyzer test. A breathalyzer is an important tool in determining whether or not a person is impaired because it can inform the officer of the driver’s blood alcohol content (BAC).
Can I Be Charged for Leaving My Child Alone in a Vehicle in Illinois?
In today’s world, everyone is busier than ever, especially parents. Every second of every day seems to be filled with something, making it necessary to save time anywhere you can. In some cases, there just is not enough time to take your child in and out of their car seat every time you have to run an errand, especially if you are just making a quick stop, such as picking up prescriptions. According to Safe Kids, around 14 percent of parents have admitted to intentionally leaving their infants, toddlers, and kindergarten-aged children in a parked vehicle. While this may seem convenient to some, you could end up facing serious criminal charges in Illinois if you leave your child unattended in a vehicle.
Understanding Child Endangerment Charges
According to the Illinois Criminal Code, child endangerment can be defined in two different ways. Child endangerment can mean:
Can I Be Charged With a Crime for Possessing Prescription Drugs?
For most people, the thought of drug crimes elicits images of dangerous substances such as cocaine, methamphetamine, and heroin. What many people fail to realize is that “street drugs,” such as cocaine and the like, are not the only type of drugs that you can get into trouble for possessing. Certain drugs that are used to treat medical conditions are technically legal to possess and consume -- but only if you have a valid prescription. If you do not have a current prescription and you are caught in possession of these drugs, you could be charged with prescription drug possession, which is a serious crime in Illinois.
What Substances Are Illegal Without a Prescription?
As a way to classify the different types of drugs, the United States federal government has established a schedule of controlled substances. Some illegal drugs are not as dangerous as others and therefore, crimes involving different substances should not be punished in the same ways. Some of the most notorious illegal drugs include those such as LSD, ecstasy, and fentanyl, but you can also be charged with possessing prescription drugs that are typically prescribed by a medical doctor. Examples of controlled prescription drugs include:
Will I Have to Stay in Jail if I Am Awaiting Trial in a Criminal Case?
Much of the anxiety and trepidation that comes when you are arrested for a crime is simply a result of not knowing how your case will resolve. In many cases, a person will be arrested, arraigned on his or her charges, and then will not actually go to trial for several months because of the backlog of court cases. During this period of time, there are some people who are required to await their trial in jail, whereas others are able to pass the time by going about their lives in a modified manner. This is called pretrial release and is commonly present in criminal cases, though not all criminal defendants are eligible for release. A skilled criminal law attorney can defend the rights if you are arrested for a crime and can advise you of your rights regarding pretrial release.
Factors Considered During the Detention Hearing
What Are the Requirements if I Am Released from Jail on Bail?
If you are arrested and charged with a crime in Illinois, the court has to determine if they must hold you until your first court date, or if you can be released while awaiting trial. If you are released on bail, you must post a bond. A bond is an official document that states that you will appear at your trial or face additional consequences and can be secured through monetary means or through your own recognizance if the judge does not deem you a flight risk.
Being released from jail on bail also almost always means that there will be certain rules and requirements that you must adhere to while you are awaiting your trial. These rules, or conditions, are non-negotiable and are set forth by the judge after he or she has examined the details of your case. This is why the conditions of bail can be different for everyone, but it is important that you do not violate these requirements or you could face even more criminal charges.
How Does an Order of Protection Differ from a No-Contact Order?
For decades, various organizations have aimed to educate and advocate for those who have been victims of domestic violence, stalking, or sexual abuse. Unfortunately, these issues are still all too prevalent in the United States. According to the National Domestic Violence Hotline, more than 1 in 3 women and 1 in 4 men in America will experience some form of rape, stalking, and/or physical abuse by an intimate partner. In the state of Illinois, committing acts of domestic violence, sexual assault, stalking, or other acts of violence is illegal. Because these crimes are often so personal in nature, orders of protection or no contact orders may be requested to prevent the offender from any further abuse. Each type of order is different and violating the terms of an order against you can result in serious criminal charges.
When Do Illinois Domestic Violence Charges Become Felony Charges?
Domestic violence is a serious systemic issue that has plagued the United States for years. As a response, prosecutors and other law enforcement officials have taken an aggressive approach to combat the issue, but it still remains prevalent in the country. According to data compiled by The National Domestic Violence Hotline, around 29 percent of women and 10 percent of men have reported experiencing rape, physical violence, and/or stalking by an intimate partner. In Illinois, domestic violence is a crime that can be elevated to a felony, depending on the specifics of the case. Felonies are crimes that carry serious consequences, but an experienced domestic violence lawyer can help you form a solid defense.
Misdemeanor Domestic Battery Charges
According to the Illinois Criminal Code, domestic battery occurs when any person knowingly and without justification causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature. The first instance of this crime is charged as a Class A misdemeanor, which is the most serious classification of a misdemeanor in Illinois. Class A misdemeanors carry up to one year in prison and up to $2,500 in fines.
How to Interact With Police During an Illinois Traffic Stop
Being pulled over by the police is something that almost all of us will experience at some point in our lifetimes. Whether the stop is for something trivial, such as a broken tail light, or a violation that is more serious, such as aggravated speeding or DUI, it can be stressful no matter what. Much of the anxiety and uncertainty that comes from a traffic stop often stems from the lack of interaction and knowledge of what to do when interacting with police. Traffic stops can end up ultimately resulting in serious criminal charges for various things, including inappropriate interactions with officers. It is important for you to know how to responsibly handle a traffic stop if you are pulled over in Illinois.
Do Not Give Police Officers a Reason to Be Suspicious
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