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Understanding Felony Drug Charges in Illinois
A drug-related felony conviction can change your life. People with a felony drug conviction often struggle to find adequate housing, let alone a good career or educational opportunities. The “collateral consequences” of a drug-related felony are often worse than any judicial punishment. Even seemingly minor conduct involving controlled substances can lead to a felony conviction. The line between a misdemeanor and a felony is very thin when it comes to drug enforcement. Many people who are charged with a drug felony are not hardened drug dealers - they are members of the community struggling with addiction. Even possessing certain types of drugs for personal use could get you charged with a life-altering felony offense. If you are facing felony drug charges in Illinois, it is important that you are represented by an experienced and dedicated drug crimes defense attorney.
What is the Difference Between Domestic Violence and Assault?
Domestic violence charges often lead to harsher sentencing than simple assaults. They are also a lot more stigmatized. One of the main differences between domestic violence and assault is who the victim is. A lot of people believe that “domestic violence” and “intimate partner violence” are synonymous, but they are not. In Illinois, you could be charged with domestic violence for assaulting someone who is related to you, who lives in your household, or who you used to be romantically involved with. It is not limited to someone you are currently in a relationship with. A lot of people are surprised to find themselves charged with domestic violence after a dispute with, for example, a roommate. An attorney may be able to help you reduce the severity of your charges.
Who Can Domestic Violence be Committed Against?
If you are the primary aggressor in a physical altercation with a stranger or friend, you are most likely going to be charged with assault. While an assault charge is still serious and can land you in jail, a domestic violence charge can close doors in your future. Even if this is not the case, people may look at your conviction and believe that you were physically abusive toward someone you were in a romantic relationship with.
What You Need to Know About Drug Paraphernalia Laws
It is commonly believed that you cannot get in legal trouble for drugs if you do not have any drugs on you. Unfortunately, you can still be arrested if you do not have any drugs, but do have the tools to use them. Interpreting the laws surrounding drug paraphernalia can be complicated. A lot of normal household items, like cotton balls, can be used to prepare illegal substances for use. Then, there are types of pipes that could be used legally for tobacco or cannabis, or illegally for smoking other drugs. If you find yourself facing charges for possessing drug paraphernalia, it is important that you take the charge very seriously. A serious paraphernalia charge can be just as bad if not worse than a charge for possessing a small quantity of the illegal drug itself.
3 Things You Should Know About Drug Paraphernalia in Illinois
The definition of paraphernalia can change over time. Just a few years ago, a water pipe - or as most people would call it, a bong - could be considered paraphernalia if there was evidence suggesting that it was being used for cannabis rather than tobacco. Today, it is generally legal for adults to use whatever type of smoking apparatus they please to consume cannabis.
What Illinois Gun Owners Should Know About Red Flag Laws
The Second Amendment to the U.S. Constitution protects Americans’ right to own firearms. However, the right to own or carry a gun is limited by federal and Illinois laws. The Illinois Firearms Restraining Order Act, often called the “red flag law,” allows for the confiscation of an individual’s firearms and prohibits the person from purchasing additional firearms. If you own a firearm in Illinois or you are facing criminal charges related to the possession or use of a firearm, it is crucial that you understand how red flag laws can affect you.
Suspension of a Person’s Firearm Privileges
Recent school shootings have put gun ownership in the national spotlight. Many people believe that gun ownership is a constitutional right while others think that reducing the number of guns in the U.S. will reduce gun violence. Whatever your opinions on the matter, it is important to understand how Illinois law can affect your ability to own or purchase firearms.
Retail Theft Can Be a Felony Offense Punishable by Serious Jail Time
Shoplifting and other forms of retail theft have been on the rise for the last few years. Many people who take something from the store without paying see the act as a victimless crime. Stealing an item from a big box store with millions of dollars in assets may seem inconsequential. However, being convicted of retail theft can have serious repercussions. In some cases, shoplifting can even be a felony offense.
If you or a loved one were accused of theft, contact a criminal defense lawyer for personalized legal help right away.
Misdemeanor Charges for Shoplifting
The severity of theft charges in Illinois depends on the value of the allegedly stolen items. If someone is accused of stealing property worth less than $300, it is a Class A misdemeanor offense. Misdemeanor theft is punishable by a maximum fine of $2,500 and, possibly, jail time. Fortunately, individuals charged with misdemeanor retail theft may eventually expunge or seal their criminal records. This hides the record of the arrest from employers, landlords, and the general public. This option is not typically available for felony retail theft charges.
Top Questions About Expungement in DuPage County
Criminal records are public information. If someone is charged with a crime, anyone can view the arrest record with a few clicks of the mouse button. Not only does a criminal record harm an individual's personal reputation, it can also prevent that person from securing adequate housing and employment.
If you have a criminal record, you may be interested in getting your record expunged. Read on to learn about expungement and record sealing in Illinois.
Do I Have a Criminal Record if I Was Never Convicted?
In the United States, people are considered innocent until proven guilty in court. Consequently, many people assume that merely being arrested or charged with a crime does not result in a criminal record. Unfortunately, this is not the case. Being arrested is recorded and anyone can view the record of the arrest.
Illinois Residents Can Still Face Marijuana-Related Criminal Charges
Illinois is one of 18 states that legalized the use of marijuana for recreational purposes. However, that does not mean that anyone can use this substance at anytime without consequence. There are still many marijuana-related laws on the books, including laws limiting the quantity of marijuana a person can possess and where he or she can possess it. For example, Illinois law prohibits the use of cannabis in schools or on public transportation. It is also illegal to drive under the influence of cannabis.
If you or a loved one were charged with a cannabis-related offense, do not make the mistake of taking these charges lightly. While the use of marijuana is legal in certain circumstances, it is still possible to face significant criminal penalties for a marijuana offense.
Driving Under the Influence of Cannabis
THC is the component in cannabis plants responsible for the “high” or cognitive effects of the substance. Individuals under the influence of THC usually experience slowed reaction time, reduced coordination, and impaired judgement. Multiple scientific studies show the relationship between cannabis use behind the wheel and impaired driving. Consequently, it is illegal for Illinois drivers to drive while under the influence of marijuana–even if the driver has a valid medical marijuana card.
Top Myths About Police and the Criminal Justice System in Illinois
Everyone should be aware of their rights – whether they are currently involved in the criminal justice system or not. The United States Constitution and state-level legislation protect our right to avoid self-incrimination, be free from unreasonable searches of our property, and much more.
If you or a loved one were arrested for a criminal offense, it is even more crucial that you fully understand the rights and responsibilities of criminal defendants. Part of this understanding requires myths and rumors about the police to be debunked.
Myth: The Police Must Identify Themselves as Law Enforcement Officers
Television shows and movies have helped perpetuate many myths and rumors about police officers. Perhaps the most enduring of these myths is the legend that police must identify themselves as law enforcement officers. You may have heard that police must answer “yes” if you ask them, “Are you a cop?”
Diversion Programs May Help Your Child Turn Their Life Around After a Criminal Offense
Did you know that the human brain does not finish developing until a person is in their mid to late 20s? The prefrontal cortex, the area of the brain that regulates impulse control and problem-solving, is one of the last parts of the brain to reach full development. It is no surprise that teenagers and young people sometimes make rash, irresponsible decisions.
If your child was charged with theft, possession of a fake ID, assault, drunk driving, or another criminal offense, do not lose hope. The state of Illinois recognizes that many juvenile offenders are good people who made a poor decision. The state has instituted various diversion programs that may keep juvenile offenders out of detention facilities and give them a chance to turn their lives around.
Diversion Programs Give Youth a Second Chance
Fortunately, Illinois prioritizes rehabilitation over punishment when it comes to juvenile offenders. The state offers several diversion programs that allow juvenile offenders get the help they need and avoid strict criminal penalties. Completing certain diversion programs may result in the dismissal or reduction of criminal charges. Other programs are used to help juvenile offenders avoid further criminal charges. For example, the llinois Second Chance program provides services to offenders under the age of 17 ½ who suffer from addiction or mental health problems who are being released from correctional facilities. The program provides aftercare young people need to reduce the chances of recidivism.
When is DUI a Felony in DuPage County?
A misdemeanor DUI is bad enough. You could face a bit of jail time, and you will probably have your license revoked for a period of time. However, when you are facing felony charges related to a DUI, your situation is very serious. You could be facing more than a year of prison time, and it could be much longer than a year depending on the particular circumstances. Charging a DUI as a felony is an extreme way to handle extreme DUI cases. For you to be charged with a felony DUI, there must have been some fact or circumstances that made your alleged conduct much more serious than an average, run-of-the-mill drunk driving incident. If you have been charged with a DUI-related felony, it is important that you are represented by an experienced lawyer who can try to minimize the impact this case will have on your life.
What Circumstances Turn a DUI into a Felony?
There are only a handful of situations where a felony charge will stem from a DUI. Factors that can raise a DUI to the felony level include:
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