Posted on October 04, 2019 in Traffic Law

There are plenty of ways you can get a traffic ticket in Illinois — running a red light, not fully stopping at a stop sign, forgetting to use your blinker while you are turning — the list goes on and on. Traffic tickets can range anywhere from a correctable violation, such as a broken tail light, to felony criminal charges, such as aggravated speeding or reckless driving. For many people, getting a ticket means paying the fine and dealing with the consequences, but in some cases, it can be beneficial to fight the traffic ticket rather than accept it. Some traffic tickets can be charged as criminal offenses and can carry jail time, which is much more serious than just paying a fine. If you have gotten a traffic ticket, it is important that you understand how to minimize the consequences you may face.

Should You Fight the Ticket? Factors to Consider

In some cases, you may want to fight a traffic ticket. In other cases, it is probably best to just pay the fine and move on. Figuring out which route to take can be tricky, especially because each traffic offense carries different consequences. Before you do anything, you must determine if the trouble of fighting the traffic ticket is worth the outcome. Ask yourself the following questions:

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 Posted on September 23, 2019 in Criminal Law

Violent crimes are serious charges that come with significant legal consequences. Many violent crimes can easily escalate to felony charges, which can mean expensive fines and lengthy periods of jail time. Sometimes, actions that led to assault or battery charges may have been taken to defend yourself against another person. The state of Illinois recognizes that you have the right to protect yourself, your property, or other people if there is a threat present. In certain situations, you have the right to perform an act of force that would otherwise be an illegal act if it was not done in self-defense. If you have been charged with a violent crime such as assault or battery, and you believe you acted in self-defense, you should seek immediate assistance from a criminal defense attorney.

Defending Yourself or Others

Illinois law allows you to use force against another person if you reasonably believe that the use of such force is necessary to defend yourself or another against a person’s imminent use of unlawful force. However, there are lines that you cannot cross if you plan on using self-defense as a legitimate explanation. To have a believable self-defense argument, you have to prove that:

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 Posted on September 07, 2019 in Traffic Law

For some Americans, driving is one of the small pleasures in life. Going for a drive gives you a sense of freedom and independence that is unique and unparalleled when compared with other activities. However, for many, driving is more than just a fun activity. It can be a necessity, and being unable to drive can directly affect one's livelihood. Most people would think that a moving violation, or an infraction committed while driving, is the only way to lose your driving privileges. While this is one potential reason why a driver's license may be suspended or revoked, there are many other ways you can lose your legal ability to drive. In fact, some of these circumstances are not directly related to driving, or they may not have anything to do with driving at all. These cases include:

Driving While Under the Influence

One of the most obvious ways you can lose your driving privileges is by driving while you are under the influence of drugs and/or alcohol (DUI). Under Illinois’ statutory summary suspension law, you will automatically have your driver's license suspended if your blood alcohol content (BAC) is more than 0.08 when you were arrested or if you refuse to take a chemical test of your BAC. This suspension will take place even if you are not convicted of DUI charges. If you are convicted, you will face additional penalties alongside the statutory summary suspension. 

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 Posted on August 22, 2019 in Weapons Charges

Like many states across the United States, Illinois has strict gun laws in place that are meant to protect its citizens. To legally possess or purchase a firearm, you must obtain a Firearm Owners Identification (FOID) card and meet all eligibility requirements. Even then, there are many rules that you must follow when owning and possessing a firearm. Other weapons, such as knives, brass knuckles or bludgeons, are strictly regulated in Illinois. If you are charged with unlawful use of a weapon (UUW) in Illinois, you could face misdemeanor or felony charges, depending on the situation. 

Misdemeanor UUW Charges

In certain situations, a UUW will result in a misdemeanor charge. You can be charged with a UUW misdemeanor if you:

• Sell, manufacture, purchase or possess a black-jack, slung-shot, bludgeon, sand bag, knuckle weapon, sand-club, ballistic knife, or switchblade knife;

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 Posted on August 09, 2019 in Theft

Both retailers and law enforcement take theft very seriously in Illinois. It may seem like a victimless crime, but retail theft hurts the store, and in turn, the economy. If you are caught trying to steal an item from a store, simply paying for the item will not get you off scot-free. Many stores are now pursuing prosecution for shoplifters, and you can be charged with a misdemeanor, or even a felony, depending on the situation.

What Is Retail Theft?

The Illinois Criminal Code of 2012 provides detailed information about criminal laws in Illinois. According to the code, general retail theft occurs when a person takes possession of any merchandise that is displayed or for sale in a retail establishment without paying for the merchandise and with the intention of depriving the retail establishment of the use or benefit of that merchandise. General retail theft is considered to be a Class A misdemeanor if the value of the merchandise is less than $300. In Illinois, Class A misdemeanors carry a sentence of up to one year in jail and up to $2,500 in fines.

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 Posted on July 30, 2019 in Juvenile Law

The first juvenile court in the United States was created more than 100 years ago with the idea that minors had the ability to reform their behavior as they matured. However, even with a complete juvenile justice system in place, minors are still being tried and sentenced as adults at an alarming rate. It has been proven that juveniles do not have the same capacity to make good decisions or control their impulses as adults. They are also more susceptible to peer pressure. All of these areas in which minors lack maturity have been proven to contribute to the likelihood of a juvenile committing a crime. In the state of Illinois, any person who is under the age of 18 is considered a minor, though many juveniles can and are still transferred to the adult court system. When a transfer is requested, there are a number of factors that the judge will consider, including:

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 Posted on July 16, 2019 in Traffic Law

There is more than one way to lose your driving privileges in Illinois; in fact, there are dozens of ways you could have your driver's license taken away for either a specific or indefinite period of time. Even actions unrelated to driving, such as not paying child support or failing to obey a court summons, can affect your ability to drive freely. Perhaps one of the most common ways for Illinoisians to lose their driving privileges is to accumulate too many points on their driving record because of traffic violations.

The Illinois Points System

Most states have a driver’s license points system that applies to everyone who holds a driver’s license, and Illinois is no exception. In Illinois, each time you are convicted of a moving violation, a certain number of points is added to your driving record. The number of points added depends on the specific violation you were convicted of. Typically, more serious violations will result in a higher number of points added to your record, while lesser violations are not worth as many points. Common moving violations and their corresponding points are as follows:

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 Posted on June 24, 2019 in Criminal Law

For many crimes, probation is a sentencing option that is given primarily to first-time offenders or offenders who do not have a history of violent crimes and whose crime did not involve violence. In Illinois, probation is used as an alternative to prison time, which promotes the offender’s rehabilitation and also attempts to reduce the rate of recidivism. The terms of probation vary, because many of the terms are decided on a case-by-case basis in order to provide a more individualized and tailored sentence. If you violate the terms of your probation, you could face unwanted consequences, and in some cases, you may even end up going to jail.

Probation Violation Notice

Everyone who has been sentenced to probation will be assigned a probation officer who helps guide them through the rehabilitation process. Once your probation officer learns that you may have violated your probation, he or she will then submit a petition for violation of probation to the clerk of the circuit court. The clerk will then send you a notice of this petition in the mail, along with a request that you attend the hearing for your violation. If you choose not to attend this hearing, there will be a warrant issued for your arrest.

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 Posted on June 05, 2019 in Criminal Law

Illinois became the 11th state to legalize the recreational sale and use of marijuana and marijuana products Friday. This was a historic moment in United States history, as Illinois passed the bill that permits both usage and sales of recreational cannabis entirely through legislation, rather than a voter referendum. The new law significantly alters how the state will handle cannabis. It will now treat it and tax it similarly to the way the state handles alcohol. Though recreational marijuana will be legal in Illinois, there are still rules that you must follow, otherwise, you face penalties.

When and Where Can I Buy Recreational Marijuana?

Beginning in January 2020, recreational marijuana will be available for purchase by any citizen over the age of 21 at any of the 20 medical marijuana dispensaries throughout the state. By mid-2020, additional licenses will be given to other recreational stores, processors and cultivators, though local governments have the power to decide whether recreational marijuana businesses operate in their area.

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 Posted on May 21, 2019 in Criminal Law

There are scores of traffic violations you can commit from behind the wheel -- speeding, running a stop sign, not using your blinkers -- the list goes on. One of the more serious traffic offenses you can commit is reckless driving. In Illinois, reckless driving can result in significant consequences, because reckless driving is not just a traffic ticket -- it can result in a misdemeanor or a felony charge, depending on your circumstances. If you have been charged with reckless driving, it is important that you understand the charges and related penalties.

What is Reckless Driving?

According to Illinois traffic laws, reckless driving occurs when a person either:

• Drives any vehicle with a willful or wanton disregard for the safety of people or property; or

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