Posted on April 15, 2021 in Criminal Law

Since its inception, the United States has done things a little differently. When it comes to gun laws, the country as a whole is unique. The inherent right to gun ownership is written into the country’s constitution, though each individual state has the right to regulate the possession, use, sale, purchase, and/or transfer of firearms within their boundaries. While some states are laxer with their firearm laws, the state of Illinois tends to have rather strict laws concerning firearms. In particular, not everyone is legally permitted to own a firearm in the state of Illinois. Being caught in possession of a firearm when you are not legally supposed to have one can lead to serious consequences that require representation from a skilled Illinois criminal defense attorney.

FOID Cards and Ineligibility

Though not all states have the same requirements, the state of Illinois requires everyone in possession of a firearm to have a valid firearm owner’s identification (FOID) card to be in legal possession of that firearm. To be eligible to receive a FOID card, you must meet certain requirements, as there are certain things that can make you ineligible for ownership, both on the state and federal level. In general, a person is ineligible for a FOID card if they:

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 Posted on April 08, 2021 in Criminal Law

Each year, the FBI collects important data on hate crimes that occur around the country in all 50 states and the District of Columbia. Last week, the FBI released the 2019 hate crime statistics, the most recent hate crime data available for the U.S. According to that data, there were 65 hate crimes that were reported to have taken place in the state of Illinois in 2019. In recent years, lawmakers and law enforcement agencies across the country have put more money and resources into the investigation and prosecution of hate crimes, which has led to a big push to protect people of certain classes across the country. As a result, law enforcement and prosecutors often punish offenders to the fullest extent of the law. However, the consequences for committing a hate crime in Illinois can be serious.

What Is a Hate Crime?

A hate crime occurs when a person commits some type of crime against another person because of that person’s actual or perceived race, religion, sexual orientation, gender, gender identity, or physical or mental disability. Typically, hate crimes are violent in nature, but they can also consist of crimes against the victim’s property. Examples of hate crime in Illinois can include:

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 Posted on March 23, 2021 in Traffic Violations

We all know what a construction zone looks like -- orange cones everywhere, blinking lights on reflective signs, men and women in hardhats working on the scene. Most states have specific traffic laws that must be followed when driving through a construction zone, including Illinois. In most cases, these laws are more strict than typical traffic laws. This is because these laws were put into place to protect the construction workers themselves, and also the drivers on the road. The most common construction zone violations are speeding violations, which are taken seriously by the state. According to the Illinois Department of Transportation, there were, on average, nearly 5,200 construction zone crashes each year between 2012 and 2016. Of the 683 fatal work zone crashes reported in Illinois in 2016, more than 27 percent involved speeding as a factor. Because of the increased risk in a construction zone, penalties for breaking the law in a work zone are typically also more serious than regular speeding penalties. 

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 Posted on March 16, 2021 in Criminal Law

For every crime, there is an equivalent range of acceptable penalties that comes along with it when you are convicted. There are different types of felony and misdemeanor crimes that vary in severity, from a low-level Class C misdemeanor that carries up to 30 days in jail, to the most serious charge of them all, a Class X felony charge, which carries between six and 30 years in prison. Sentencing guidelines for crimes that are committed in Illinois vary and offer a range for which sentences are considered acceptable, meaning not everyone who is convicted of the same crime will necessarily receive the same sentence. There are many different factors that can affect the severity of your sentence, both positively and negatively. Focusing on the factors that could potentially reduce the severity of your sentence can greatly benefit you in the long run.

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 Posted on March 09, 2021 in Driver's License Reinstatement

Driving is one of those privileges that we do not realize is a privilege until we are no longer permitted to use it. Driving is necessary for many people in their everyday lives, but there are many ways you can lose your driving privileges in the state of Illinois. From not paying fines and fees, to avoiding paying court-ordered child support, a driver’s license suspension can come in many forms. However, the most common reason a person’s driver’s license is suspended or revoked is because of a DUI arrest and/or conviction. In Illinois, you can have your license suspended for simply failing or refusing to complete chemical testing after you have been arrested for DUI. Losing your privileges can be simple, but driving while your license is suspended or revoked can result in serious consequences that can set you back even further.

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 Posted on March 02, 2021 in Traffic Violations

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.

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 Posted on February 28, 2021 in Criminal Law

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.

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 Posted on February 26, 2021 in Traffic Violations

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

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 Posted on February 25, 2021 in DUI

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.

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 Posted on February 02, 2021 in Criminal Law

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. 

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