|
|
|
Recent Blog Posts
Homicide, Murder, and Manslaughter: What Is the Difference?
During normal conversation, words that have more than one meaning are often used interchangeably, such as robbery, theft, and burglary. In general, these words mean the same thing, but in a court of law, they all have very different meanings. The same goes for homicide, murder, and manslaughter - they tend to have a similar meaning in everyday life, but they all have different definitions and carry very different sentencing terms when used in a legal setting. A person who is charged with first-degree murder will be facing much more serious consequences than a person who is charged with involuntary manslaughter.
Homicide
When you are talking about homicide in a law setting, it simply just means the act of one person killing another person, which may or may not be illegal, depending on the circumstances. For example, if you use deadly force against someone because they attempted to commit a forcible felony (like robbing your home or committing an assault), your actions may not technically be illegal because of Illinois laws regarding justifiable use of force.
4 Things to Know About Illinois Construction Zone Traffic Violations
Traffic laws were put into place for a reason - to keep everyone safe while they are in and around motor vehicles. When someone violates these traffic laws, it can be dangerous for everyone involved, but if they violate traffic laws when driving through a work zone, the results can be deadly. According to the Illinois Department of Transportation, there were 6,741 crashes in Illinois work zones in 2016. In those accidents, 765 people were killed, and around 1,893 people were injured.
Construction zones usually mean that there are more people near the road working, but drivers are actually more likely to become victims of construction zone crashes than workers. Illinois has some of the strictest construction zone traffic laws in the country, so it is important that you follow the rules for the sake of yourself and others.
Top 10 Illinois Traffic Offenses That Carry the Most Points
Most states have some kind of points system that affects people’s driver’s licenses. The points systems work like golf--the fewer points you have, the better off you are. Every time you are convicted of a traffic offense, you will not just receive a citation--you will also gain points on your driving record. Each state’s system works differently; some states require you to gain a certain amount of points before action is taken, but others, like Illinois, only stipulate that you must commit three offenses before your license is penalized. Too many traffic violations could result in a license suspension or revocation, which can make life difficult for you.
Illinois’ Points System
The Office of the Illinois Secretary of State has developed a points system in which a driver accumulates a certain number of points each time they are convicted of a moving violation. The number of points that are assigned depends on the specific law that was violated, and the more severe the violation, the more points are assigned. If you are convicted of three or more offenses within 12 months, you could face a suspension or revocation of your driver’s license. Typically, when you hit that three-offense mark, a judge will make a determination regarding punishment depending on the number of points or the severity of the laws you violated.
How DUI Consequences Change When a Child Is in the Vehicle
It does not matter what situation you are in when you are charged with a DUI - they are all serious charges. However, if you are found to be driving while intoxicated when a child is present in the vehicle, your punishments will be much more strict. In Illinois, penalties for DUI increase if a child under the age of 16 years old is riding in the vehicle - but it does not stop there. In addition to DUI charges, you can also face other criminal violations, such as child endangerment. You could also be charged with more serious crimes if the child suffered an injury because of you.
DUI With a Minor in the Vehicle
According to the Illinois Vehicle Code, a first conviction for DUI is a Class A misdemeanor, which comes with a loss of driving privileges for one year, a possible sentence of up to one year in jail, and a maximum fine of $2,500. If you had a child in your vehicle while you were driving under the influence, that sentence is a mandatory minimum of six months in jail, a mandatory minimum $1,000 fine, regardless of your ability to pay, and 25 days of community service in a program that benefits children.
Understanding Laws Regarding Age of Consent and Sex Crimes in Illinois
We have all heard the saying that “age is just a number,” or some similar sentiment. While that saying may be true for certain couples, when it comes to sexual relationships, age can become very important, and it can be the deciding factor as to whether or not you are committing a crime. Age of consent laws were enacted to prevent children and adolescents from being taken advantage of, and these laws differ from state to state. Violating age of consent laws can result in sex crime accusations, which should not be taken lightly, since they come with serious consequences.
What Is the Age of Consent in Illinois?
The age of consent refers to when the law determines that a person is able to consent to sexual acts. In Illinois, the age of consent is 17, meaning that if a child is under the age of 17, they cannot legally give their consent to a sexual act. If a child is 16 and willingly performs a sexual act with an adult, the other person can face criminal charges, because the 16-year-old is seen as not being mature enough to consent to such an act or not fully understanding the ramifications of such an act.
4 Things to Know About Traffic Violations in Illinois
When you are driving, the last thing you want to see is red and blue lights flashing in your rearview mirror. Being stopped for a traffic violation is no fun for anyone, and depending on why you were stopped, you could be facing serious consequences. Your quick trip to the grocery store could end up being a long process of fighting a traffic ticket. You can get cited for multiple traffic-related offenses in Illinois, and if you do end up getting a traffic ticket, here are four things you should know:
1. There Are Different Types of Violations
In Illinois, traffic tickets can be one of two types: a moving violation or a non-moving violation. A moving violation occurs when a law is broken while you are driving your vehicle. Examples of moving violations include:
Prescription Drug Crimes in Illinois
Many people may think that drug crimes just deal with illegal drugs, like marijuana or heroin, but that is not the case. Under the Illinois Controlled Substances Act, prescription drugs are also covered. Though both illegal and legal drugs are in the Controlled Substances Act, prescription drugs are only legal when they are prescribed to you by a physician and you are using them in accordance with the directions on the bottle and your doctor’s orders. You can get in trouble by abusing prescription drugs, just like any other drugs.
Types of Controlled Substances
In Illinois, the Illinois Controlled Substances Act designates certain legal and illegal drugs, their classifications and the penalties for possession, distribution or misuse. The most commonly misused prescription drugs are:
- Adderall;
- Xanax;
Chicago Man Sentenced in Absentia in Sexual Assault Case
A man in chicago has been found guilty of sexual assault even though authorities have not been able to locate him for two years. The man was found guilty on three counts each of sexual assault and aggravated sexual abuse in July, even though he did not attend his trial. He was sentenced Tuesday to 27 years in prison.
Abuse Took Place Over a Year Starting in 2014
According to prosecutors, the man sexually assaulted the girl beginning in July 2014 and continued to do so until October 2015. The acts of abuse supposedly took place in the man’s residence in West Chicago. The victim was at a hospital for unrelated reasons when she told a hospital employee about the abuse. The hospital reported the abuse to the West Chicago Police Department who then alerted the DuPage County Children’s Center.
Man Was in Police Custody at One Point
Understanding Ignition Interlock Devices in Illinois
A DUI conviction can be devastating - your freedom and your reputation can be at stake. Being convicted for DUI can mean serious consequences including the possibility of jail time and steep fines. When you fail a chemical test to determine your BAC during a traffic stop, you will automatically be subject to a statutory summary suspension, which is the Secretary of State’s administrative action of suspending your license. During the suspension period, you can apply for a monitoring device driving permit (MDDP) if it is your first offense, or a restricted driving permit (RDP) if it is your second or third offense.
What Is a Breath Alcohol Ignition Interlock Device?
If you are convicted of a DUI and wish to still have driving privileges, you are required to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. A BAIID is a device that is installed in the ignition of an offender’s vehicle and measures the driver’s blood-alcohol content using their breath. The BAIID will not allow the vehicle to start if the driver’s BAC is determined to be over .025. The driver must blow into the device to start the vehicle and periodically blow into the device throughout their trip to prevent drinking after the vehicle has been started.
Types of Field Sobriety Tests Used in Illinois
In recent years, police have begun cracking down on drinking and driving, taking it more seriously than ever before. Because of the direct correlation between fatal accidents and alcohol involvement, police have modified and refined their methods for determining whether or not a person is under the influence of alcohol when they are pulled over. Often, police already have a suspicion when they pull a driver over that they are under the influence of alcohol and will then conduct field sobriety tests to gain enough cause to proceed with DUI charges. Field sobriety tests can be beneficial when used in a pinch, but their validity has been debated for years.
Initial DUI Detections by Police
When a police officer first pulls you over with the suspicion that you have been drinking, he or she will be looking for various signs of intoxication. These signs can be gathered by the senses during face-to-face contact before the officer even asks you to step out of your vehicle. Signs the officer might be looking for include:
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
