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Recent Blog Posts
Can I Face DUI Charges for Driving While Using Marijuana in Illinois?
As of January 1, 2020, Illinois became the 11th state to legalize the recreational use of marijuana in the United States. Even though residents and visitors who are 21 or older can legally purchase and consume cannabis, there are certain restrictions on the amount that can be bought and where it can be ingested. The increased presence of marijuana in the state has had some people wondering whether or not they can be charged with driving under the influence (DUI) if they are caught driving a vehicle while under the influence of cannabis. The short answer is yes.
Marijuana DUI Laws in Illinois
Under Illinois law, you can be charged with DUI if you operate a motor vehicle while under the influence of alcohol, intoxicating compounds, methamphetamines, or “other drugs, including cannabis prescribed for medical purposes.” You are likely aware of the legal blood alcohol content (BAC) limit of .08, but there is also such a limit for tetrahydrocannabinol (THC) in your blood when you are driving a vehicle. In Illinois, a person is considered intoxicated if they are measured as having 5 nanograms or more of THC per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance.
What Are the Most Common Property Crimes Committed in Illinois?
There are multiple crimes that can fall under the category of property crime. According to the Federal Bureau of Investigation (FBI), property crimes include burglary, theft, motor vehicle theft, and arson. The latest statistics from the FBI estimate that there were nearly 7.2 million property crimes committed in the United States in 2017. In Illinois, property is defined as “anything of value,” meaning property crimes also include offenses that involve deception, fraud, plus damage and trespass to real property. Although it may seem like property crimes are not as serious as other criminal acts, they can carry significant consequences.
Burglary
If a person has knowingly or without authority entered a building, home, dwelling, motor vehicle, or aircraft with the intent to commit a felony or theft, then that person has committed burglary. There are a variety of actions that could encompass burglary, but most commonly, burglary charges stem from a person taking or attempting to take property from inside a structure. Burglary is almost always a felony charge. If you do not cause damage to property, you will be charged with a Class 3 felony, facing a possible sentence of two to five years in prison. Likewise, if damage is caused to property, charges are increased to a Class 2 felony, which carries a sentence of three to seven years in jail.
Illinois No Longer Suspends Drivers’ Licenses For Non-Moving Violations
In the state of Illinois, more than 50,000 drivers’ licenses are suspended each year because of a driver’s inability to pay various fines. A bill was recently signed into law to discontinue the practice of suspending or canceling the drivers’ licenses of Illinois motorists who cannot afford to pay tickets, fines, or fees. The bill, dubbed the “License to Work Act,” also allows for the reinstatement of more than 55,000 driver’s licenses, many of which were suspended for non-moving violations, which are traffic offenses that involve a stationary vehicle.
Previous Reasons for License Suspension
Before the act was signed into law, as an Illinois driver, you could have your license suspended for various reasons that had nothing to do with driving. The new law eliminates the potential to have your driver’s license suspended for non-moving traffic violations, which occur when you are not operating a vehicle. Examples of the types of violations that previously could have resulted in a driver’s license suspension include:
Can I Be Charged With DUI if My BAC Was Under the Legal Limit?
When you are pulled over because a police officer suspects that you are driving under the influence (DUI), you will probably be asked to take a breathalyzer test to determine your blood alcohol content (BAC). In Illinois, you are legally considered to be driving under the influence of alcohol if your BAC is 0.08 percent or above. What you may not know, however, is that you can still actually be arrested and charged with DUI even if your BAC is below the legal limit. The best way to avoid a DUI arrest and conviction is to understand your rights as a citizen of Illinois and avoid putting yourself into risky situations. If you have been arrested for DUI, a skilled criminal defense lawyer can be an invaluable asset.
Alcohol Use Under the Legal Limit
3 Things to Remember About Illinois’ New Recreational Marijuana Laws
Last May, the state of Illinois became the 11th state to legalize the recreational use of marijuana. The new law went into effect on January 1, 2020. According to dispensaries across the state, there has been more than $5.5 million worth of recreational marijuana sold since it has been legal. Even though recreational cannabis has been legalized in Illinois, there are still certain laws that apply to marijuana usage. If these laws are broken -- even unintentionally -- you could face legal consequences. Here are a few things you should keep in mind about recreational marijuana usage in Illinois:
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You Can Only Possess Certain Amounts of Pot at Any Given Time
As long as you are over the age of 21, you can legally purchase and possess certain amounts of marijuana and cannabis-infused products. At any given time, you can legally possess up to one ounce or up to 30 grams of dry marijuana flower, up to 500mg of THC contained in edibles or other cannabis-infused products, and up to five grams of cannabis concentrate. Visitors to Illinois are permitted to possess half of those amounts.
Understanding Illinois Child Endangerment Charges
When it comes to children in Illinois, the state does the best job it can to protect the innocence and well-being of its young citizens. In civil matters involving children, the child’s best interests are always at the top of the list of concerns. Illinois lawmakers, police officers, and other criminal justice personnel view crimes against children as extremely serious matters. One of the most commonly charged crimes against children is child endangerment, which encompasses a variety of behaviors. These charges can mean serious consequences for perpetrators, which is why it is important to understand these offenses and their penalties.
What Is Child Endangerment?
According to the Illinois Criminal Code, child endangerment occurs when a person knowingly causes or allows the life or health of a child under the age of 18 to be endangered or causes or allows the child to be placed in circumstances that endanger the life and health of the child. The statute concerning child endangerment is rather vague, which allows prosecutors and judges to consider a wide variety of behaviors to be prosecuted as child endangerment. Common examples of situations in which child endangerment charges may arise can include:
New Illinois Laws You Should Know About That Go into Effect in 2020
With only days left in this year and decade, the new year is upon us. As usually happens on the first of the year, there are a number of changes to the law that will go into effect in 2020. In fact, the state of Illinois has more than 250 new laws that are set to begin. From regulations for vaccinating pet cats to gender-neutral restrooms and changes to criminal laws, there are a wide variety of topics covered. While some laws only make minor adjustments, others carry some of the biggest changes that the state of Illinois has seen in years. Here are a few of the new laws that will be going into effect in 2020:
Recreational Marijuana Will Be Legal
For decades, marijuana was illegal throughout the country, and possession was punished harshly. January 1, 2020 marks the first day that it will be legal to purchase and consume recreational marijuana in the state of Illinois. Adults who are over the age of 21 will be permitted to purchase a variety of cannabis products, such as dry flower, edibles, tinctures, and creams. Minors under the age of 21 may still be penalized for purchasing or using recreational marijuana, and those who attempt to sell cannabis without a valid license may also face drug charges.
What Are the Consequences of Reckless Homicide in Illinois?
As most Illinoisans know, driving under the influence of drugs or alcohol (DUI) laws in the state are strict. You can be convicted of a DUI in Illinois if you are driving a vehicle with a blood alcohol content (BAC) of more than 0.08 percent or if other evidence points to you being impaired while driving. Even a first-time conviction for DUI in Illinois can result in fines between $75 and $2,500, up to one year in jail, and a one-year driver’s license suspension. Those penalties can change, however, depending on the circumstances of your case. In Illinois, any DUI offense that results in felony charges is classified as an aggravated DUI. One of the most serious aggravated DUI charges is called reckless homicide.
What Is Reckless Homicide?
In Illinois, reckless homicide occurs when a person using a motor vehicle unintentionally kills another person because of actions that were likely to cause death or bodily harm to another person. Under normal circumstances, actions that could be considered reckless include those such as speeding or causing the vehicle to become airborne. If a driver is intoxicated, and he or she caused the death of another person while driving, the fact that the motorist was under the influence in itself constitutes reckless driving.
Can I Still Drive After an Illinois DUI Arrest?
Across the country, arrests for driving under the influence (DUI) of drugs or alcohol are being taken more and more seriously because of the dangers that drinking and driving poses to everyone on the road. In Illinois, DUI laws are relatively strict, and an arrest can result in serious consequences, even if you are ultimately not convicted. It can be an intimidating experience if you are arrested for driving under the influence. Many people do not know what to expect after they are arrested and resort to gathering and trusting the information they find on the Internet. While some of this advice may be correct, you should talk with a skilled Illinois DUI defense lawyer to make sure you have all the facts.
Expect a License Suspension
There are two sides to almost every DUI arrest, even if it is your first offense: the criminal side and the administrative side. This means you face both criminal charges and administrative penalties for driving while under the influence of drugs or alcohol. An arrest will not automatically result in criminal penalties for DUI. For that, you will have to go through the legal process. You will, however, face administrative penalties for being arrested in most situations.
Naperville Teen Is Charged With a Hate Crime Following Online Ad
In the past couple of years, hate crimes have become more prevalent and widely reported in the United States, especially in Illinois. According to data from the Federal Bureau of Investigation (FBI), the country as a whole saw a slight drop in the number of hate crimes committed in 2018. Illinois, however, saw a 32 percent increase in hate crimes. A majority of these hate crimes were influenced by the race and sexual orientation of the victims, while religion-based hate crimes saw a slight decrease. Across the United States, nearly half of the 7,120 hate crimes were perpetrated against African Americans. One recent incident in DuPage County involved a race-based hate crime perpetrated by a teenager.
Teen Places Ad on Craigslist for Black Classmate
A Naperville teenager has been charged with a hate crime after he posted an inappropriate ad on Craigslist offering a fellow classmate up for sale. According to investigating officials, the ad, which has since been taken down, bore the title, “Slave for sale” and was followed by a racial slur and also included a photo of a black classmate. Officials announced Wednesday that the 14-year-old boy faced two counts of a hate crime and one count of disorderly conduct for the incident. The school district also took action and punished the boy with two days of suspension, which the victim’s mother chastised as being too lenient.
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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