Posted on July 22, 2019 in Domestic Violence & Orders of Protection

We have all gotten into arguments with our loved ones before. When disagreements escalate to the point where one person fears for his or her safety, the police can intervene, and domestic violence charges may be pressed. Domestic violence is estimated by the National Domestic Violence Hotline to affect more than 12 million people each year. It can occur between parents and children, siblings, spouses, or people in romantic relationships who live together. Accusations of this type of violence can involve a variety of alleged behaviors, including physical, emotional, or sexual abuse. One tool that is frequently used in domestic violence cases is an order of protection, and a person who is subject to this type of order should understand what it may entail and the potential consequences for a violation.

Continue Reading ››

 Posted on July 15, 2019 in Traffic Violations

Traffic violations are not uncommon. Millions of people each year are issued citations and tickets for breaking traffic laws. Most of the time, these tickets just require the driver to pay a specified fine. In some cases, the driver may have to appear in traffic court to settle the issue. In other cases, a police officer might perform an arrest at a traffic stop if he or she believes the offense was serious enough. One such charge that warrants an arrest in the majority of cases is reckless driving, which is considered a misdemeanor charge in Illinois. But what exactly does the offense of reckless driving mean? 

Examples of Reckless Driving

According to the Illinois Vehicle Code, reckless driving occurs when a person does one of the following actions:

• Drives a vehicle with “willful or wanton disregard” for other drivers’ safety or other people’s property

  Continue Reading ››

 Posted on July 02, 2019 in DUI

Driving while you are under the influence of drugs or alcohol is never a good idea, and there are many consequences you can face for this serious crime. Not only do you face criminal penalties for a DUI, but you can also face administrative penalties, which can and typically will be added onto any criminal penalties. If you are arrested for DUI and test over the legal limit for alcohol or drugs, you face an automatic suspension of your driving privileges by the Illinois Secretary of State, all without even needing to be convicted of a crime. You can fight a statutory summary suspension of your driver's license, but you will need help from an experienced attorney.

What Is a Statutory Summary Suspension?

Basically, a statutory summary suspension is the administrative penalty that the Illinois Secretary of State imposes in DUI cases. If you fail a chemical test or refuse to take a test after being arrested on suspicion of drunk driving, you will be subject to a statutory summary suspension. These penalties are completely separate from any criminal penalties that you may face for DUI-related reasons. 

Continue Reading ››

 Posted on June 26, 2019 in Traffic Violations

If you receive a traffic ticket while driving in the state of Illinois, the police officer who issued the ticket will tell you if you are required to appear in court to settle the ticket. If you are not required to appear in court, you will have three options:

1. Plead guilty, pay the fine, and receive a conviction on your record.
2. Plead guilty, pay the fine, attend traffic safety school, and forego a conviction.
3. Plead not guilty and request a trial.

If you request a trial, or if the officer informed you that you must attend a court date, you are legally required to do so. If you forget about your court date, or if you simply decide not to show up, you could face more severe consequences.

Consequences for Fine-Only Violations

Continue Reading ››

 Posted on June 18, 2019 in Sex Crimes

Being accused of a sex crime can greatly impact your life, regardless of the charge. Even if you are not convicted of the alleged charge, your criminal record is public information, and arrests or accusations can appear on a background check. A sex crime conviction can bring about many undesired consequences. Not only can you be sentenced to prison or probation or be ordered to pay steep fines, you will also face the judgment of the public and experience negative effects on your personal life and relationships, and you may even be required to register as a sex offender.

In the state of Illinois, the two major sex crimes are criminal sexual assault and criminal sexual abuse. Though they are similar crimes, they have different consequences.

Sexual Assault and Aggravated Sexual Assault

Continue Reading ››

 Posted on June 11, 2019 in Drug Crimes

Less than two weeks ago, the state of Illinois became the 11th state to legalize the recreational use of marijuana. Beginning in 2020, residents will be permitted to legally possess cannabis. However, there are restrictions on the amount, and cannabis trafficking will still be illegal unless you are licensed.

In light of this legalization, an Illinois man was recently sentenced to prison for purchasing 42 pounds of marijuana-infused chocolate online. The man was sentenced to four years in prison for the Class X felony of possessing more than 5,000 grams of a substance containing cannabis.

Man Ordered Chocolate From California

Police first became aware of the situation described above when postal workers reported they noticed several suspicious packages being delivered to the man’s house. After police obtained a search warrant, they opened one of the packages and found more than 19,000 grams of chocolate infused with THC, the psychoactive ingredient in marijuana. Police then obtained a warrant to search the man’s house and found cocaine, more marijuana, a digital scale, more than $2,000 in cash, and receipts for packages he had mailed across the United States and Canada.

Continue Reading ››

 Posted on June 04, 2019 in Drug Crimes

For decades, recreational marijuana use has been illegal in most of the United States. In recent years, more states have legalized the use of recreational cannabis. Illinois became the latest state to legalize the use of marijuana for adults on May 31, 2019. This comes as a surprise to many, because Illinois is the first state to approve a recreational marijuana bill through the legislature rather than a voter referendum. This means big legal changes could be coming for people who face or have faced criminal charges relating to cannabis.

Illinois Makes History

The passing of this Illinois bill is monumental for the United States. No other state has passed laws to allow legal commercial sales of marijuana through the legislature. Vermont legislature allowed for the recreational possession of marijuana, but not sales, which were passed through a referendum. Recreational marijuana will be treated and taxed similarly to alcohol, in that only those who are over the age of 21 are permitted to purchase or use it.

Continue Reading ››

 Posted on May 31, 2019 in Criminal Law

In Illinois, there are a few crimes that police officers take very seriously. One of those crimes is obstruction of justice. Obstruction of justice can be something as simple as providing a police officer with a false name or as serious as directly lying to a police officer about something he or she is questioning you about. No matter the act caused you to be charged with obstruction of justice, this crime is a felony in Illinois and can result in serious consequences that could follow you for the rest of your life. When facing these charges, it is best to consult with a criminal defense lawyer who has experience in obstruction of justice charges so you can plan an appropriate defense.

What Is Obstruction of Justice?

According to the Illinois Criminal Code of 2012, obstruction of justice occurs when a person intentionally prevents the apprehension or obstructs the prosecution or defense of a person and knowingly:

Continue Reading ››

 Posted on May 23, 2019 in DUI

For many people, Memorial Day weekend is the unofficial start to summer. Some people celebrate with picnics and barbecues, while others head to the lake for time on the water. In many cases, people enjoy drinking alcohol while enjoying these activities. However, what many people do not realize is that Illinois treats alcohol and boating very similar to the way it treats alcohol and driving. If you are convicted of boating while under the influence (BUI) of alcohol or drugs, you could face serious consequences, similar to driving under the influence (DUI) charges.

What Is a BUI?

The Illinois Boat Registration and Safety Act states that it is illegal to operate a boat while under the influence of alcohol or other drugs. A person is considered to be boating under the influence if he or she is in actual physical control of watercraft and one or more of the following apply:

Continue Reading ››

 Posted on May 16, 2019 in Criminal Law

There are a number of things that can cause a police officer to pull you over. Maybe your tail light was out, you did not use your turn signal, or you ran a red light. A police officer will likely pull you over for such violations. In some situations, an officer may request to search your vehicle. While the aforementioned violations could constitute a legal traffic stop, is it legal if the officer requests to search your vehicle? Technically, there are certain circumstances in which a police officer can search your vehicle without a warrant.

Police Searches of Vehicles

The Fourth Amendment to the United States Constitution states U.S. citizens have the right to “be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” This means police cannot search your property for no reason. There are only a handful of situations in which a police officer can legally search your car without a search warrant.

Continue Reading ››