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New Bill to Crack Down on Synthetic Marijuana in Illinois

 Posted on August 31,2018 in Drug Crimes

IL defense lawyerA new bill that was signed by Illinois Governor Bruce Rauner will amend the Illinois Controlled Substance Act to include more synthetic forms of marijuana, also known as synthetic cannabinoids. Senate Bill 2341, which was sponsored by Senator Jacqueline Collins, was created to hopefully severely limit the availability of these kinds of drugs, many of which have unknown side effects and some of which are known to be deadly. Manufacturers and those in possession of synthetic cannabinoids will be affected by this bill.

Bill Closes a Loophole in Law

Prior to this bill, there were many synthetic cannabinoids that were already illegal, but manufacturers could easily get around the law by making an insignificant change in the drug’s chemical structures. By making small changes, manufacturers could still sell the synthetic cannabinoid substances and avoid criminal charges because the new chemical structure was not illegal yet. The revised Controlled Substance Act provides that all synthetic cannabinoids are now illegal if they are not approved by the U.S. Food and Drug Administration, or if they are misused.

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When Sex Offender Registration Is Required in Illinois

 Posted on August 24,2018 in Sex Crimes

IL defense lawyerOne of the most damaging crimes a person can be charged with is a sex crime. Because of their violent nature, sex crimes are taken very seriously, as are their allegations. In some instances, you can be forced to register as a sex offender in Illinois for the rest of your life. The sex offender registry is a state-wide system that contains information about sex offenders, such as where they live if they are compliant with registration requirements, their convictions, and photos of them.

Offenses Requiring Sex Offender Registration

According to the Illinois Sex Offender Registration Act, registration is required when a person is convicted or adjudicated for crimes such as:

  • Indecent solicitation of a child;
  • Sexual exploitation of a child;
  • Charges involving juvenile prostitution or juvenile pimping;

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Expungement: How to Clear Your Criminal Record in Illinois

 Posted on August 17,2018 in Expungement

IL defense lawyerYou do not have to be convicted of a crime to have a criminal record - if you have been arrested or charged with a crime, you have a criminal record. Criminal records are public, meaning that anybody can see them, including friends, family, and employers. If you meet certain criteria, you can have your record expunged or sealed, meaning your slate could potentially be cleansed.

Expungement vs. Sealing

Though the processes to get your records expunged or sealed are very similar, they are not the same. Expungement is when your criminal record is either destroyed or returned to you, almost as if the events in the record never happened. The public nor police or the government can see anything on your record. Sealing is the process of hiding your record from the public but does not erase your record completely.

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Illinois Students Can Now Use Medical Marijuana in Schools

 Posted on August 10,2018 in Drug Crimes

IL defense lawyerFor years, people have been fighting for medical marijuana to be legal. Many people say there are numerous health benefits to using marijuana as a therapeutic way to cope with certain diseases and disorders. In fact, it is not uncommon for people to be medical marijuana patients anymore - it has been reported that there are over two million legal medical marijuana patients in the 29 states and the District of Columbia that have begun to make medical marijuana usage legal.

Prior to Illinois House Bill 4870, also known as Ashley’s Law, children who were using cannabis as a medical treatment could not use their medical marijuana medication while they were at school. The bill, which the Illinois governor signed into effect last week, allows parents to give a “cannabis-infused product” to their children while they are on school grounds or on a school bus. Cannabis-infused products can be foods, oils, patches, ointments or other cannabis products that are not smoked. The bill also prohibits schools from taking disciplinary action against students who use cannabis-infused products for medical reasons.

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Illinois Driver’s License Revocations vs. Suspensions

 Posted on August 01,2018 in Driver's License Reinstatement

IL defense lawyerDriving is a privilege - not a right. There is nothing in any law or constitution that says you must have the right to drive. Being able to legally drive is a privilege that can be easily taken away if you have violated certain rules or regulations. Two of the ways your driving privileges can be taken away in Illinois is through a driver’s license revocation or suspension. Both are very similar but differ in the length of time your privileges are gone.

Driver’s License Revocations

In certain situations, your driving privileges can be revoked, meaning they are withdrawn for an indefinite amount of time. The Illinois Secretary of State will revoke your driving privileges if you are a repeat traffic offender or if you were convicted of causing a crash that resulted in the death of another person. Other situations that could lead to a driver’s license revocation include:

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Most Common Crimes Committed By Illinois Inmates

 Posted on July 26,2018 in Felonies & Misdemeanors

IL defense lawyerEach year, the Illinois Department of Corrections releases an annual report which details programs in place at correctional facilities in the state and statistics about the prison population. In 2017, there were 43,075 inmates that were serving sentences in 25 correctional centers throughout the state. The majority of inmates--29.2 percent--were convicted of Class X felonies or the most serious felony classification for crimes other than murder.

Assault or Battery

Inmates: 3,976

Percent: 9.2

Nearly 10 percent of inmates in Illinois prisons were convicted of assault or battery. A person commits assault if they place someone in danger of receiving a battery. Assault is a Class C misdemeanor unless a person commits aggravated assault, then it can be classified as a Class 3 or 4 felony, depending on the circumstances. A person commits battery when they cause bodily harm to another person, or make physical contact of an insulting or provoking nature. Battery is a Class A misdemeanor unless the person committed aggravated battery, then it can be classified up to a Class 1 felony, depending on the circumstances. The sentences for these crimes can be anywhere from just a fine and probation up to 30 years in prison.

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Insurance Requirements and License Plate Suspension in Illinois

 Posted on July 18,2018 in Driver's License Reinstatement

IL defense lawyerAlmost all states require you to carry some type of insurance when you drive a vehicle--in Illinois, driver’s must have:

  • $25,000 for bodily injury per person;
  • $50,000 for bodily injury per accident; and
  • $20,000 for property damage.

These are the bare minimum of the insurance requirements that you must have to drive, though it is recommended that you have more than the minimum to protect yourself from being sued for damages over those amounts. Drivers must understand the consequences of driving without insurance in Illinois because the consequences could result in traffic violations.

Illinois Insurance Requirements

If you register your vehicle in Illinois, you are agreeing to have the minimum requirements for insurance. The state has developed ways to determine whether or not drivers have insurance. There are two ways the state verifies that you have insurance: a random survey and traffic stops.

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How to Practice Proper Traffic Stop Etiquette

 Posted on July 11,2018 in Traffic Violations

IL defense lawyerThe majority of drivers in the United States will experience being pulled over by police at least once in their lifetime. With flashing lights behind you and a feeling of sinking dread in your stomach, being pulled over can be an anxiety-ridden experience. If you have never gone through a traffic stop before, you may not know what to do, and when we do not know what to do, we resort to instincts, which may not always be proper actions. Knowing what you should and should not do when you are pulled over by police may just prevent you from getting a costly traffic ticket.

  1. As soon as you see an officer flash his lights or sirens at you, you should begin to slow down and pull off on the right-hand side of the road. If there is no shoulder on the road, or it is too narrow to stop on, you should put your hazard lights on to signal to the police officer that you acknowledge that he is pulling you over and find a safe spot to stop.

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Understanding Illinois’ Zero Tolerance Underage Drinking Law

 Posted on June 30,2018 in DUI

IL defense lawyerWhen teens get behind the wheel of a car after they have consumed alcohol, they have a higher chance of getting into an accident. According to the National Highway Traffic Safety Administration (NHTSA), car crashes are the leading cause of death for teenagers, with a fourth of those crashes involving an underage driver who has been drinking. The NHTSA reports that drivers between the ages of 16 and 24 made up 39 percent of drivers involved in fatal alcohol-involved crashes. Illinois has adopted a zero tolerance law, meaning that if an underage driver is found to have any alcohol in their system, they will lose their driving privileges. Being charged with an underage DUI is a serious offense, so it is important that you understand the penalties.

Legal Penalties for Underage Drinkers

Under the Zero Tolerance law in Illinois, an underage driver who is found to have alcohol in their system can be subject to penalties under the Zero Tolerance law, but also DUI laws.

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Interesting Facts About Alcohol and the Human Body

 Posted on June 21,2018 in DUI

IL defense lawyerAlcohol is not a new invention--National Geographic states that the Chinese were making a type of alcohol as long as 9,000 years ago. Humans have loved alcoholic beverages for thousands of years, and while the beverages themselves have been refined and the way humans use alcohol has changed, such as the prevalence of DUI’s, the effects that it has on us has not changed. Here are five interesting facts about alcohol and the human body:

  1. Moderate Drinking Can Be Good for Your Health

A study that was recently concluded at the University of Sao Palo’s Biomedical Science Institute in Brazil has finally pinpointed the enzyme that allows moderate alcohol use to benefit your heart. Scientists have proposed that alcohol has certain health benefits for years, but now the specific reason why has been discovered. The study showed that when alcohol is consumed in moderate amounts, it can help rid the body of aldehyde, which is a toxic byproduct of alcohol digestion, but also a byproduct of stressed heart cells, such as those from a heart attack.

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