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DuPage County probation violation defense attorneyFor 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.

Probation Violation Hearings

When it comes to probation violations, you are given the benefit of the doubt, since the burden of proof lies with the state. In other words, you do not have to prove that you did not commit the violation -- the state must provide a preponderance of evidence that supports the claim that you violated the terms of your probation. Once this evidence (or lack thereof) has been established, it is up to the judge to determine the outcome.

Possible Consequences for Probation Violations

Not all probation violation hearings will result in disciplinary action. If the judge determines that there is not sufficient evidence, you will not be found guilty of a violation. If you are found guilty, the judge then has to determine what your punishment will be. The judge can choose to:

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DuPage County marijuana possession lawyerIllinois 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.

How Much Can I Buy/Possess?

Citizens are permitted to possess up to 30 grams of dry marijuana flower, which equates to around one ounce, or as much as can fit into an adult’s cupped hands. Citizens are also permitted to possess up to five grams of cannabis concentrate and up to 500 milligrams of THC in cannabis-infused products, such as tinctures or edibles. Visitors to Illinois are permitted to possess half of those amounts.

Where Can I Consume Marijuana?

You are permitted to consume cannabis in private residences or in some cannabis-related businesses. You are not permitted to consume cannabis if you are in a public place, including streets or parks, in a motor vehicle, on school grounds (unless you are a medical marijuana user) or around anyone who is under the age of 21.

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DuPage County reckless driving charges attorneyThere 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
  • Knowingly drives a vehicle and uses an incline in a roadway -- such as a railroad crossing, bridge approach or hill -- to cause the vehicle to become airborne.

There is no one particular action that can get you charged with reckless driving in Illinois. Rather, it is up to the discretion of the arresting law enforcement officer and judge (and possibly a jury) to determine whether your actions on the road constitute reckless driving. 

Consequences for Reckless Driving

In its most basic form, reckless driving is charged as a Class A misdemeanor, the most serious class of misdemeanor. This means a reckless driving charge can result in up to one year in jail and up to $2,500 in fines.

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DuPage County probation attorneyWhen you find yourself in trouble with the law, there are dozens of outcomes that could arise from an arrest and conviction. Most of the time, the biggest fear offenders have is going to jail, but not all crimes carry prison sentences. Even if you are convicted of a crime that carries prison time, you will not necessarily be sentenced to prison time. 

One of the more favorable outcomes of any criminal conviction is probation. Probation is typically used as an alternative to a prison sentence, allowing the offender to proceed with their normal life -- with a few exceptions. There are certain things that the state of Illinois requires those who are sentenced with probation to do and certain things that are prohibited during the probationary period.

Prohibited Actions During Probation

For the most part, the things that you are forbidden from doing during your probation sentence depend on the type of crime you committed and what the judge believes is appropriate to prohibit you from doing. All offenders who are on probation are not permitted to leave the state without the court’s permission, violate any criminal statute anywhere or possess a firearm if your crime was a felony or a misdemeanor that involved the intentional infliction of bodily harm.

In addition, you could have other restrictions during your probationary period based off of your original crime. For example, a person who is convicted of drug possession or distribution may be ordered to not have any amount of a controlled substance in their system at any time. A person who is convicted of domestic violence and has a record of violent behavior when they are drinking may be ordered not to drink or have any amount of alcohol in their system.

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Wheaton IL gun charges lawyerThe United States has a long history with firearms: for as long as we have been a country, firearms have been present. The U.S. Constitution specifically guarantees citizens the right to bear arms, though that right can be restricted if states deem it necessary. 

Illinois has some of the most strict gun laws in the country. The city of Chicago did not even allow residents to own firearms until 2010, and it was not until 2013 that the state began allowing residents to carry concealed weapons. Violating Illinois weapons laws can come with serious consequences. 

Here are a few things you may not have known about Illinois gun laws:

1, You Must Have a FOID Card to Legally Possess a Firearm

The state of Illinois requires you to apply for and receive a firearm owner identification (FOID) card before you are legally able to purchase or possess a firearm. If you possess a firearm without also possessing a valid FOID card, you can face up to five years in state prison. To obtain a FOID card, you must also meet certain criteria, including not having been convicted of a felony, not being addicted to narcotics and not having been admitted to a mental facility in the past five years.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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