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Recent Blog Posts
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.
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.
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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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