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Recent Blog Posts
Assaulting a Worker for Enforcing Safety Rules Is Aggravated Battery
The coronavirus pandemic has been prevalent in the United States since mid-March, with cases reaching to more than 5.4 million across the country. Some of the only ways that have been shown to reduce the transmission of the virus have been by implementing social distancing measures and mask mandates in public places. There are currently only 34 states that have issued a state-wide mask mandate, though other states have cities that have issued such guidance or require citizens to wear masks while in stores. In recent weeks, there has been an increasing number of disturbing assault and battery incidents across the country related to employees attempting to enforce their company’s mask-wearing guidelines for patrons. In response to this, Illinois has now made it an aggravated battery charge to assault a retail worker for communicating safety restrictions.
How Will My Illinois Criminal Court Case Proceed During the Pandemic?
In mid-March, communities across the United States experienced a shutdown of nonessential businesses and operations, a move made in an effort to stop the spread of COVID-19, which has moved through the country like wildfire. Confirmed COVID-19 cases have peaked at more than 5 million nationwide, while plans to reopen and resume business as usual move forward in some states. The coronavirus pandemic has brought uncertainty into almost every aspect of our lives, even in the criminal justice system. Many criminal cases have been backlogged since March, while new cases have been accumulating, leaving many, like you, to wonder about the status of their case. As of early July, Cook County courts were instructed to begin resuming most court operations, with safety protocols put in place. If you have been charged with a crime in Illinois, you should expect to be notified about your modified court proceedings.
What Are the Consequences of a DUI That Results in Death or Injury?
One of the things that police patrols are constantly doing is looking for signs of impaired drivers on the roads. Impaired and drunk driving are responsible for many traffic accidents and deaths each year in the United States. According to the latest data available from the National Highway Traffic Safety Administration (NHTSA), there were more than 10,500 deaths from drunk driving accidents in this country in 2018 alone. Any type of DUI charge is serious, but charges are increased when a DUI incident results in the injury or death of another person. In these cases, the impact a DUI conviction could have on your life could be severe, so it is important to understand the consequences you may face in Illinois.
DUI Resulting in Injury
What Role Do Plea Bargains Play in Illinois Criminal Cases?
If you have ever seen any kind of crime drama movie or TV show, you have probably seen some sort of heated scene take place in a courtroom where the main character’s attorney fights for his or her client’s freedom by attempting to prove his or her innocence. In reality, more than 97 percent of criminal cases are resolved by plea bargains, according to the National Association of Criminal Defense Lawyers (NACDL). Plea bargains were created in response to a number of issues faced during criminal trials, such as the length of time it takes to go through a trial and the expenses associated with that legal process. However, some argue that plea bargains take away the right to a fair trial.
Understanding Plea Bargains
A plea bargain is an agreement made between the defendant (the person who is accused of the crime) and the prosecutor (the attorney representing the local, state, or federal government entity) as a replacement to a jury trial in a criminal case. The agreement usually involves the defendant pleading guilty or nolo contendere, “no contest” to some or all of the charges that were brought against him or her. Typically, plea bargains involve a reduction in the number of charges brought against the defendant, the severity of the charges, a reduction of the severity of the sentence, or a combination of any of the three.
2 Things to Know About Illinois’ BUI Laws Before You Hit the Water
Summer is a beautiful time in northern Illinois. Temperatures rise and allow everyone to spend time outdoors after a long and cold winter. With one of the country’s Great Lakes next door and a sprinkling of smaller lakes and rivers throughout the state, boating and other watersports are a favorite summer pastime for many Illinoisians. Spending time with family and friends often includes alcohol, which can make for a fun time, but it can also cause issues if you are not responsible. In Illinois, operating a boat and operating a car are two very comparable things from a legal standpoint. Many people do not realize that there are laws in Illinois that make it illegal for you to operate a boat or other watercraft while you are under the influence of drugs or alcohol. If you are charged with boating under the influence (BUI), the penalties can be harsh. Therefore, it is important that you are aware of them so you do not unintentionally break them.
What Is the Court Process for a Traffic Violation in Illinois?
Traffic courts are some of the busiest courtrooms around, especially in Illinois. There are many different types of traffic citations with which you can be charged, but the most common violations in Illinois tend to be running red lights, failing to have a copy of insurance information on hand, DUI, drag racing, reckless driving, and speeding. While some of these tickets do not require an appearance in traffic court, you can request one if you feel the need to do so. Going to court may seem daunting, but knowing what to expect can help you be more prepared to secure a positive outcome.
Preparing for Your Hearing
Not all citations require you to appear in traffic court. When you received the ticket, the officer should have informed you of whether or not you are required to attend a hearing. If you are required, you should show up to traffic court at the specified date and time. If not, you can request a hearing to challenge the ticket or plead guilty and pay the fine.
What Factors Can Increase the Severity of an Illinois Criminal Charge?
Not all crimes are created equally. Some crimes, like assault or murder, are much more serious than lesser crimes, such as theft or traffic violations. Illinois, like all states, has a system for classifying crimes. Crimes are placed into categories of felonies and misdemeanors, of which there are varying “classes” of severity. What many people do not know is that there are also certain factors that can increase or mitigate the severity of the punishment that is imposed on someone who is convicted of a criminal offense. It is important to understand the factors that are commonly used by the prosecution to enhance the charges to “aggravated” in Illinois.
Aggravating Factors in Illinois
Even if someone is convicted of a crime, that does not automatically determine the sentence that he or she will receive. Under Illinois law, a sentencing hearing will occur after the conviction in which a judge will review the case and make a decision as to what the appropriate sentence would be for the specific situation. In some cases, this is when the prosecution has the chance to present any aggravating factors that may be present, which could influence the judge to impose a more serious sentence. Illinois lists 32 unique aggravating factors that could affect a defendant's sentence. Some of the most common factors include:
How Can Social Media Affect My Domestic Violence Case?
In today’s world, social media plays a big part in many people’s daily lives. Platforms like Facebook, Twitter, and Instagram are used by millions of people across the world to connect with one another. Social media is so ingrained into our society that it is important to understand the effects that these digital networking platforms play in our life. In particular, social media has created some concerns when it comes to dealing with domestic violence allegations. In certain scenarios, information or pictures that a defendant posted online could be used against him or her in a criminal case.
Domestic Abuse Laws in Illinois
The state of Illinois defines domestic violence as acts of harassment, abuse, intimidation, interference with personal liberty, or willful deprivation toward a family or household member. In many cases, acts of violence can also be considered assault and/or battery, but when these acts are allegedly perpetrated against a family or household member, they can lead to domestic violence charges.
Am I Eligible for Probation for My Illinois Drug Possession Charge?
In many states, Illinois included, the majority of drug possession crimes are charged as felonies. Felony crimes typically carry serious penalties, including a prison sentence of at least one year. A conviction for a felony crime could affect you for the rest of your life and remain on your criminal record for years, if not permanently. This can impact your personal and professional future, making it difficult to obtain housing or employment. If you have been charged with drug possession, you should speak with an experienced criminal defense attorney about whether requesting probation is an option for this type of drug crime.
What Are Felony Drug Possession Charges in Illinois?
The state of Illinois legalized the sale, purchase, consumption, and possession of recreational marijuana at the beginning of 2020. However, there are still limits to the amount of marijuana you can legally possess at any given time. Illinois residents can possess up to 30 grams of cannabis flower, up to 5 grams of cannabis concentrate, and up to 500 milligrams of THC in cannabis-infused products, such as edibles or tinctures. Any amount over these would be considered illegal. While possession of between 30 and 100 grams of marijuana is a Class A misdemeanor, a second offense or possession of more than 100 grams may be charged as a felony.
What Is Bail, and How Does it Work in Illinois Criminal Cases?
Being arrested for a crime can be a very traumatic experience. When you are arrested, you are handcuffed by the police officer and taken to be processed and held in jail. Your first thought when you land in jail might be, “How can I get out?” Usually, the quickest way to do that is to have a friend or family member post bail for you. Typically, weeks or even months can pass between your initial arrest and the disposition of your sentence. Posting bail allows you to be released from custody and go about your normal life until you are requested to appear back in court. It is important to understand how the bail process works in case you or your loved one is ever facing criminal charges in Illinois.
How Is Bail Set?
Depending on the type of crime, you might be allowed to post bail the same night you are arrested. For offenses that are more serious, such as violent crimes, you may be required to remain in custody until you attend a bail hearing before a judge. During this hearing, the judge will determine whether or not you are eligible for bail and at what amount your bail should be set. Judges use a variety of factors to determine whether you should be eligible for bail, including the seriousness of the alleged offense, the risk that you may attempt to flee before your case can be heard in court, and the safety risks that you may pose to other individuals or the community.
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
