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Recent Blog Posts
A Fake ID Can Earn You More Than You Bargain For
Life as a teenager is confusing and complicated. Teens endure college entrance exams, part-time jobs, high school, and constant pressure to fit in. On the journey to finding who they are as individuals, they make a lot of mistakes along the way.
One common mistake that many teenagers make is obtaining and using a fake ID to avoid underage drinking laws. Unfortunately, such a decision can be harshly life altering.
Can a Bouncer Really Spot a Fake?
Bouncers can and do catch teens with fake IDs. With hundreds of licenses handled on a daily basis, it becomes second nature to them to find one that does not match the others. A few signals that are red flags for any seasoned door person are:
- An unusual number of out of state visitors,
Can You Be Arrested For Writing a Bad Check?
Over the years, there has been a gradual shift in the method consumers use to make their payments. In the beginning, the only option was cash, followed by a shift to checks for the added security of the money that people had. In more recent years, there has been a transition to debit and credit cards as the primary payment option. Still, checks are used as a form of payment for many and also in bill pay options. Occasionally, an automatic check payment is mailed directly from the bank.
As a payment is scheduled in advance, the account owner may potentially forget that a deduction will occur and by the time the check is withdrawn from the account, there is simply not enough money to cover the funds requested. If this happens even once, the bank will sometimes make the payment and charge additional fees for the inconvenience. Although, consistently writing bad checks can result in significant legal trouble.
Speeding in Restricted Zones
Speeding, no matter how far over the speed limit, is illegal. The reasoning for this is because it puts lives in danger, including your own. Punishments have the potential of being harsh, especially without the right representation. However, if you are charged with speeding in a speed restricted area, such as a construction zone, punishments are exponentially more severe.
What are Speed Restricted Zones?
In all technicalities, it is illegal to speed anywhere, especially as Illinois enforces an “absolute” speed limit law. This law, in short, says that it is illegal to operate a vehicle at a speed over the legal limit by even one mile per hour (MPH). There are a few key areas where the danger of injuring someone is higher. In these locations, law enforcement officials, as well as lawmakers, have agreed that punishments should be more severe to dissuade motorists from driving more than the posted speed limit. These specific areas include construction zones and school zones.
Insane or Incompetent?: Criminal Defense in Illinois
There are a variety of ways that any court situation can come to a close. Ultimately, a typical verdict of "guilty" or "not guilty" will be issued at the end of a criminal court proceeding. However, other various defense mechanisms may be used in court if a client is unfit for trial. In some violent crime cases, a defense of "not guilty by reason of insanity" or finding someone "incompetent to stand trial" may be applicable to use in court. Although either may be useful given the right circumstances, they are not to be used interchangeably.
Incompetent to Stand Trial
To be considered competent, an individual must have the certain skills and abilities necessary to complete a task. With regards to a trial situation, competency is determined by the court. It is a matter of legal fact that is decided before a trial begins. A few of the prerequisites to be considered competent to stand trial include:
Should You Refuse the Breathalyzer?
It is popularly suggested that drivers suspected of driving under the influence submit to field sobriety testing in order to avoid a DUI charge. While there may be several reasons why one should avoid these tests in many other states, the state of Illinois has enacted steps to “persuade” drivers to do so. In most cases, refusal would not be in one's favor. However, with the most commonly used form of sobriety tests, the breathalyzer, it is important to understand that the technology has many downfalls.
Laws to Prevent Refusal
The state of Illinois is an “implied consent” state. This ultimately means that in return for driving permissions, if you are arrested for DUI and the arresting officer had probable cause for the arrest, then you are consenting to a chemical test of your blood alcohol content (BAC). This can be in the form of blood, breath or urine.
Knowingly Possessing in Illinois
During a traffic stop, you cooperate with the officers who pulled you over. You answer every question asked to the best of your knowledge and even allow the officers to check your vehicle—you know that nothing is there. Yet, the officers find something in your car that shocks you, because you have never touched anything like it. You know others who do, however, and somehow the remanence was discovered in your vehicle. Now, the officers are pointing all fingers at the driver, which in this case, is you. You currently face drug possession charges and are at a loss for words because the police did not believe you. Therefore, why would a judge?
Illinois Possession Laws
Notorious for strict punishments in general, Illinois drug possession consequences are no different. Therefore, it is of the utmost importance to understand each law in its entirety. The majority of laws pertaining to possession in Illinois (Cannibis Control Act, Illinois Controlled Substance Act, and even weapons laws), all have one factor in common: the person charged must “knowingly possess” the item.
The Process of Clearing Your Criminal Record: Part 2
If you have a criminal record, or even a simple arrest, it may be holding you back from your life goals. You may be ineligible for a job that you would like or you may have been denied access to a rental or mortgage agreement. If you are having difficulties in everyday life due to what is being seen on your public criminal record, you may consider expunging or sealing your records.
Step by Step
The expunging and sealing laws were created in order to make clearing a record accessible to the public. Therefore, so long as you qualify based on the description previously discussed in part one of this series, and you follow the guidelines, you should not have many troubles in getting your case expunged. The steps are as follows:
The Process of Clearing Your Criminal Record: Part 1
If you have a criminal record, you may have discovered first hand how it can affect daily activities. A criminal record may prohibit you from securing gainful employment, it may affect your dating life, and it may even impact your ability to enjoy activities with your children. There are a wide variety of reasons why you may be interested in clearing your record. However, the question remains how one goes about removing those pesky details. The answer lies within expungement and sealing.
Expungement vs. Sealing
Expungement is a the legal process of requesting that a criminal record be wiped entirely clean. If a judge approves your expungement request, and the Illinois State Police are ordered to “expunge” your record, then the Illinois State Police and the arresting agency will either return the records to you or destroy the records entirely.
License Suspension and Reinstatement
Mistakes occur regularly. Sometimes we forget to do something extremely important, like renewing our car registration on time or paying a ticket. Occasionally, we can become lost in thought and miss a speed traffic sign. However, if these things are overlooked time and again, the suspension of your driver's license or even the revocation of your driving privileges may result. Therefore, it is important to understand the various circumstances that, if handled incorrectly, could result in the loss of all driving privileges, either for a short time or indefinitely.
How Suspension Occurs
In Illinois, there are a variety of reasons that may result in the suspension of your driving privileges. Moreover, it may be surprising to discover that violations do not necessarily need to occur while you are driving, nor do they have to be vehicle related at all. A driver’s license may be taken away for the following reasons:
Investigating Domestic Violence and Assault
Violence seems to occur everywhere today—in the mainstream media, in workplaces, and in your own home. Many people blame various sources: added stress, alcohol or drug use, or even because an individual simply snapped. The reasoning is limitless and the factors that trigger anger are different for everyone.
Laws do not handle violence cases lightly in the state of Illinois. In fact, they can be dealt with in a very harsh manner. Furthermore, domestic violence and assault charges are very different and are also susceptible to different penalties.
What is Assault and Aggravated Assault?
As with the vast majority of criminal charges, there are varying degrees of severity. The same holds true with assault and aggravated assault, which are both different from domestic violence.
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