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Recent Blog Posts
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.
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.
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Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
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