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Recent Blog Posts
Differences Between Theft, Robbery, and Burglary Charges in Illinois
In casual conversation, robbery, theft, and burglary may seem synonymous, but in the criminal justice system, they are not. Robbery, theft, and burglary are three different charges that have very different consequences.
Most people know these crimes all involve taking property that belongs to someone else, but there are various behaviors that constitute each offense. If you face robbery, theft, or burglary charges, it is important to understand the differences.
Theft
This is a crime in which an individual simply takes something that is not theirs. Theft occurs when you knowingly:
- Obtain control over property without permission from the property’s owner;
- Take control of property by use of threat or deception; or
- Take possession of property you know or should reasonably know to have been stolen.
What Are My Rights During a Traffic Stop in Illinois?
When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.
Rights When Speaking to Police
Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?”
Options for Driving Relief After an Illinois DUI
For decades, various organizations in the United States have attempted to lower the number of DUI incidents and drunk driving deaths through a variety of methods. Despite many gains, fatalities continue. According to the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 people died in alcohol-related traffic crashes nationwide in 2017. Because DUI deaths remain common, DUI laws have become more strict and judges have sentenced offenders harshly.
One of the methods Illinois uses to deter DUI offenders from becoming repeat violators is by imposing driver’s license suspensions and revocations on those convicted of DUI. Still, many are given a chance to drive as needed to support themselves and their families.
Monitoring Device Driving Permit (MDDP)
If you are a first-time DUI offender, you will be eligible for an MDDP. This is slightly more lenient than restricted driving permits, as they allow you to drive wherever and whenever you want, as long as you have a breath alcohol ignition interlock device (BAIID) installed in your vehicle. To be eligible for an MDDP, you must:
Penalties for Driving With a Suspended or Revoked License in Illinois
Though the most common way people have their driver’s license revoked or suspended is through a DUI conviction, there are multiple other ways this can occur. In Illinois, if you fail to appear in court when you are summoned, if you have unpaid parking tickets, if you have not paid court-imposed fines or child support, you could lose your license.
While it may be difficult to go through your daily routine without driving privileges, it is never a good idea to drive with a suspended or revoked driver’s license. Doing so can make a difficult situation significantly tougher, including mandatory incarceration or substantial community service.
First Offense
The first time you are caught driving while your driver’s license is suspended or revoked, you will most likely be charged with a Class A misdemeanor. With this charge, there is a mandatory 10-day jail sentence or 30 days of community service and you could face up to $2,500 in fines. If you are convicted, your driver’s license will be suspended for double the original suspension period. If your driver’s license was revoked, you will have an additional year added to your revocation period.
Former Illinois Lawmaker Faces Felony Charges for Posting Nude Photos
A former Illinois state representative has been charged with 12 felony counts after he allegedly posted nude photos of two different women without their consent. The man was said to have created fake social media accounts and used them to post the pictures, according to the Lake County State’s Attorney’s Office.
Man’s Former Girlfriend Accused Him of Posting Photos
Back in August, the representative’s former girlfriend accused him of posting nude photos on a fake Instagram account. He initially attempted to refute the allegations, but because of the claims, he resigned from his position as a state representative. The 35-year-old turned himself in to authorities and was arrested on $30,000 bond. He posted the required 10 percent of his bond and was released from jail on the condition that he have no contact with the alleged victims and that he stay off social media. He is currently awaiting arraignment.
Formal and Informal Administrative Hearings After an Illinois DUI
There are many consequences you can face after a DUI conviction. Depending on your specific circumstances, you could see hefty fines, jail time and a driver’s license suspension or revocation. If your license is suspended or revoked because of a DUI, you will be required to attend a hearing at the Illinois Secretary of State’s Office in order to apply for a monitoring device driving permit (MDDP), a restricted driving permit (RDP) or a full reinstatement of your driving privileges.
Administrative hearings come in two types: formal and informal. Just like the names sound, a formal hearing is more extensive than an informal hearing. It is important to understand the differences between the two types of hearings so you can be fully prepared when you attend yours with an experienced DUI attorney.
Informal Hearings
If you have not had a previous DUI conviction and your DUI offense did not involve a fatality, you will not have to attend a formal hearing to reinstate your driver’s license, only an informal hearing. These are held on a walk-in basis at certain Driver Services locations and conducted by an informal hearing officer. After the hearing, your hearing officer will submit all of your information to the office in Springfield, which will send you the result of your hearing in the mail.
Illinois FOID Card Revocations and Noncompliance
Like marriage, marijuana, sales tax, and countless other issues, each state has the ability to make its own laws concerning firearms. In Illinois, you are required to have a firearm owner’s identification (FOID) card, which legally states to police and others that you are allowed to own a firearm and ammunition. If you are caught by law enforcement with a firearm and do not have a FOID card or your card has been suspended or revoked, it can result in serious consequences.
The Illinois State Police is the governing body that issues and controls all Illinois FOID cards and they maintain the right to suspend or revoke your card at any time based on criminal charges or convictions you might face.
Firearm License Revocation or Suspension Notice
There are many reasons why your FOID card could be revoked. Most commonly, FOID cards are revoked or suspended if you have violated an eligibility requirement to obtain a FOID card, such as a felony conviction or being the subject of an order of protection. If your card has been suspended or revoked, you will receive a notice of that revocation or suspension in the mail. Your notice will state why your card is being suspended or revoked and how you can file an appeal of that decision. Once you have received your notice, you have 48 hours to comply with the necessary requirements for revocations.
How Can You Lose Your Driver's License in Illinois?
Many people think driving is a right that everyone in the United States should have. In reality, driving is a privilege that can be taken away for a multitude of offenses.
That is the case in Illinois, where some of the ways you can lose your license may surprise you. If you face a driver’s license suspension from any of these violations, the Illinois Secretary of State’s office will send you a written notice.
Here are a few ways you can lose your driving privileges:
DUI
The most common way Illinoisans lose their license is with a DUI arrest. Illinois has a statutory summary suspension in place, meaning you can lose your license if you fail a chemical test or refuse to submit to one. If you fail a chemical test, you may be subject to a six-month suspension for a first offense or 12 months for subsequent offenses within a five-year period. If you refuse to take a chemical test, you could receive a one-year suspension.
Low-Level Marijuana Charges in Illinois May Soon Be Cleared
In recent years, many cities and states have initiated the clearing of marijuana-related charges and convictions from the records of thousands of people. For example, San Francisco is currently in the process of clearing all misdemeanor marijuana convictions dating back to 1975 and will also wipe arrest records of all those arrested on related charges.
Illinois may soon follow suit with a similar law that will clear low-level marijuana convictions with the permission of a judge.
Possible Change to Marijuana Laws
The proposed law, HB 2367, would allow thousands of Illinois residents with misdemeanor marijuana-related convictions to have their records expunged. The law would make up for the discrepancy between how low-level marijuana offenses were once prosecuted and how they are dealt with now. Prior to 2016, even possessing a small amount of marijuana meant you could be charged with a Class C or Class B misdemeanor. Now, if someone possesses less than 10 grams of marijuana, it is classified as a civil offense that results in a fine of $100 to $200, rather than possible jail time.
8 Hidden Costs That Come With a DUI Conviction
According to the Illinois Secretary of State, there were 330 people killed in alcohol-related car crashes in Illinois last year. Those fatalities represented about 30 percent of the 1,090 people who were killed in all car crashes in the state in 2017. Because alcohol plays such a large role in traffic deaths, punishments are substantial.
Most who experience a DUI conviction have no idea just how much it costs, in addition to the loss of driving privileges. Here are eight hidden expenses that come with an Illinois DUI conviction:
Insurance
After you are convicted of a DUI, you are considered a high-risk driver by almost all insurance companies. This means you will pay a premium for car insurance. In Illinois, that typically runs about $2,000 per year for a minimum of three years. This equals about $6,000.
Legal Fees
Though legal fees can vary greatly depending on the severity of an offense or if you are a repeat offender, an uncontested plea and hardship driving permit can cost around $2,000.
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.
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