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Recent Blog Posts
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.
4 Traffic Violations to Avoid During the Holidays in Illinois
The winter holidays are generally the busiest time of the year for road travel. According to the American Automobile Association (AAA), an estimated 54 million Americans traveled for the Thanksgiving holidays in 2018, with 48.5 million of those people traveling by road. The National Highway Traffic Safety Administration (NHTSA) reported that in 2017, 5,667 fatal crashes involving 14,199 people occurred in November and December alone.
There are certain factors that Illinois state police have attributed to these fatalities, and these are referred to as the “fatal four:” speeding, DUI, distracted driving, and seat belt usage. Getting a ticket for any of these traffic violations can mean hefty fines and, in some cases, more serious punishments like driver’s license suspension or even jail time.
Understanding Your Miranda Rights and How They Affect a Criminal Case
In 1966, the United States Supreme Court made a landmark ruling in the case of Miranda v. Arizona when it made a decision on how suspects are to be informed of their constitutional rights when they are arrested on felony or misdemeanor charges. Ernesto Miranda was arrested in 1963 on suspicion of kidnapping and rape. After a long interrogation, Miranda confessed to the charges and signed a statement that his confession was made willingly and knowingly and that he understood his legal rights. When his case went to trial, his lawyers discovered that he had not, in fact, been informed of his constitutional rights to remain silent, to be represented by a lawyer, and to have that lawyer present during the interrogation. This Supreme Court ruling is one of the most famous cases in U.S. history, and it has changed the way arrests and interrogations have been handled ever since.
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:
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