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Recent Blog Posts
Understanding Disorderly Conduct Charges and Penalties in Illinois
In Illinois, some laws can be somewhat vague, such as reckless driving laws. Under these laws, it is up to a judge and perhaps a jury to determine what “reckless driving” actually is. Similarly, Illinois’ disorderly conduct laws act as a sort of “catch-all” for obnoxious or alarming behavior. What some may consider to be a fun and crazy night out could be considered a breach of disorderly conduct. Although the disorderly conduct statute specifies certain behaviors that can be charged as such, the final decision is still left up to the judge most of the time. Therefore, it is important to learn what behaviors or actions may constitute disorderly conduct in Illinois in case you ever face these criminal charges.
What Is Disorderly Conduct?
There are quite a few behaviors and actions that could result in a disorderly conduct charge. In general, disorderly conduct occurs when you do “any act in such an unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.” This is the most common reason people are hit with disorderly conduct charges -- disturbing the peace. This is also the most subjective disorderly conduct charge, so it might be a little easier to fight in court.
How Much Does an Illinois DUI Conviction Really Cost?
Nothing is free in this world -- not even getting in trouble is free. On the contrary, people who get in trouble with the law usually end up paying monetary costs for years because the fines and fees involved in criminal cases can be so expensive. In Illinois, being convicted of a DUI can be one of the most expensive criminal convictions. First-time DUI offenders are typically charged with a Class A misdemeanor, and a conviction could result in up to one year in prison, up to $2,500 in fines, and a one-year driver’s license suspension. What many people do not realize is that there are actually many more costs associated with a DUI conviction. Here are a few common, yet not necessarily obvious costs:
- Increased Insurance Rates: After you have been convicted of DUI, you will be required to carry high-risk insurance, which costs more than normal insurance. Having high-risk insurance is required for at least three years. At $2,000 per year, insurance costs after a DUI conviction can cost you an extra $6,000.
What Are the Consequences for Violating Scott’s Law in Illinois?
Every motorist in Illinois is required by law to move out of the way when an emergency vehicle is coming down the street. If you do not move, then you may be issued a serious traffic ticket. What some people may not know is that you are also required to move to the farthest lane if you approach an emergency vehicle that is stopped on the side of the road. This is called the “Move Over” law, and it was created to attempt to prevent harm from coming to police officers and other emergency workers when they are responding to a call.
What Is Scott’s Law?
The Move Over law is also known as Scott’s Law, and it is named after Lieutenant Scott Gillen of the Chicago Fire Department, who was struck and killed by an intoxicated driver when he was helping at the scene of a car accident on a Chicago expressway. Scott’s Law states that when an authorized emergency vehicle gives a signal or displays flashing lights, all drivers must make an effort to change lanes to one that is not next to the emergency vehicle or reduce their speed and proceed with caution if changing lanes is unsafe or impossible.
How Does a Driver’s License Suspension Differ from a Revocation?
Having the ability to drive is something that the majority of Americans rely on to go about their day-to-day lives. We use our vehicles to go to work, school, doctor’s appointments, and run errands. Losing the ability to drive can be annoying for some, and it may be financially crippling for others. In Illinois, there are two common ways that you can lose your driving privileges: through a license revocation or a license suspension. Though the terms might seem like they can be used interchangeably, they are actually two different penalties that can apply to drivers, and they carry different consequences.
License Suspensions
A driver’s license suspension is a less-permanent form of losing your driving privileges. Typically, license suspensions are the result of lesser violations when compared to license revocations. If your license is suspended, you will usually lose your driving privileges for a specific length of time. When that period is up, you may pay a reinstatement fee, and you will likely be able to get your driving privileges back unless your offense has specified otherwise. Common reasons your license can be suspended include:
What You Need to Know About the Legalization of Marijuana in Illinois
Following the trend of many other states in the United States, Illinois has adjusted its legal policies regarding marijuana. Illinois has seen an evolution of the state’s acceptance of this form of drugs. Initially, marijuana was illegal, then medical marijuana use became acceptable, and soon after recreational use followed suit. Illinois may be the eleventh state in the country to legalize marijuana; however, its policies are not uniform to those in other states. Due to these recent legal changes, it is important to note what is considered acceptable and what remains illegal in Illinois to avoid facing drug charges in the future.
House Bill 1438 Explained
This past June, Governor J.B. Pritzker signed HB 1438 into law, legalizing recreational marijuana. Under this new law, adults will be legally able to use and sell marijuana for more than just medical purposes. This law goes into effect on January 1, 2020, giving those who are 21 and older a new sense of freedom regarding marijuana use that did not previously exist in Illinois.
Is it Possible to Clear My Illinois Criminal Record?
Having a criminal record can make impact your life negatively in many ways. It can be much more difficult to rent a house or apartment, pass a background check for potential employment, or even obtain a loan or mortgage. You do not even have to be convicted of a crime to have a criminal record; if you have ever been arrested or charged with a crime, you have a criminal record. These records are public, meaning anyone who wants to see your record can, including friends and family. Fortunately, you have options when it comes to clearing your criminal record in Illinois.
Expungement Versus Sealing
There are two main ways you can clear your criminal record in Illinois: through expungement or sealing. Although both methods are similar to each other, they do not produce the same exact result. Expungement results in your criminal records either being returned to you or being destroyed. This makes it as if you never had a criminal record at all and does not allow the police, government, or the public to view these records. If you seal your record, they are hidden from the public, but they are not erased. This means your records will still be visible to the government and to law enforcement.
Can Police Use Drug-Sniffing Dogs During an Illinois Traffic Stop?
It has often been said that dogs are a man’s best friend, and that makes perfect sense when you look at the relationship that humans and canines have had for years. For centuries, dogs have been beloved companions, and dogs often work alongside law enforcement professionals in the field. Today, tens of thousands of dogs work with their police officer handlers, and one of their most common duties is to use their exceptional olfactory abilities to sniff out illicit substances. During traffic stops, it is not uncommon for an officer to use a drug-sniffing dog, but the legality of this tactic has been questioned.
Does This Violate Fourth Amendment Rights?
The first 10 amendments to the U.S. Constitution are called the Bill of Rights, and they include many rights that are core American values, including the right against unreasonable searches. The Fourth Amendment contains this right and states that American citizens have the right to “be secure in their persons, houses, papers, and effects,” and for those things to be free from “unreasonable searches and seizures,” unless a warrant has been issued.
Penalties for Fleeing the Scene of a Traffic Accident in Illinois
Many people would agree that you should stop and address the situation if you are in a traffic accident. The majority of crashes can result in some sort of damage, whether it is property damage or bodily injury. If you get into any type of vehicle accident, it is always a good idea to stop and call the police, especially if the other person does not want to cooperate with you or provide insurance information. In most cases, you are legally required to stop and report the situation to the police, and fleeing the scene of the accident is illegal. Failure to stop after an accident can result in you being charged with a misdemeanor or felony crime, depending on the situation.
Fleeing from a Property Damage-Only Accident
Even if you are involved in a car accident that does not involve injury to another person, you are still required to stop. By law, you are required to provide the other driver with your name, address, vehicle registration number, and insurance information. You do not have to remain in the exact spot where you collided with the other driver, especially if you are blocking traffic. You are able to move your vehicle as long as it is safe to do so, but you still must exchange information with the other driver.
When Are Breath Alcohol Ignition Interlock Devices Used in DUI Cases?
The state of Illinois has some of the strictest DUI laws in the country. Even for a first offense of driving while under the influence, you can lose your driving privileges. In fact, through a statutory summary suspension, your driving privileges can be taken away without ever even being convicted of a DUI if you fail or refuse to take a chemical blood alcohol test. If your driving privileges are suspended because of a DUI, you do have options for driving relief during your suspension period. Depending on your circumstances, you can get a monitoring device driving permit (MDDP) or a restricted driving permit (RDP), both of which require the installation and use of a breath alcohol ignition interlock device (BAIID). If you lose your driving privileges, here are a few things you should know about BAIIDs:
What Constitutes Retail Theft in Illinois?
In the grand scheme of things, retail theft is a relatively minor crime--but it is still a crime. In many cases, retail theft is a misdemeanor charge in Illinois, but it can elevate to a felony charge in certain situations. What many people do not know is that retail theft is not just simply taking something from a store without paying for it. You can be charged with retail theft for a variety of different actions, which also determine the type of charge and the applicable penalties if you are convicted.
General Retail Theft
When most people think of retail theft, they probably think of the type of theft that is defined under the Illinois Criminal Code. According to Illinois law, general retail theft occurs when a person takes possession of, carries away, transfers, or aids in the transferring or carrying away of merchandise without paying for the products and with the intention of depriving the store of its use or benefit. Retail theft is a Class A misdemeanor, as long as the value of the allegedly stolen merchandise does not exceed $300. If the merchandise is valued at more than $300, then the charge is elevated to a Class 3 felony. A repeat offense of retail theft is also an elevated charge and is classified as a Class 4 felony.
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