Posted on February 20, 2019 in Juvenile Law

Prior to 1899, there was no such thing as a juvenile justice system. Illinois was the first state to create a separate court that was solely for juvenile offenders. The juvenile justice system was created with the idea that the majority of children’s behavior can be changed and modified so that they can become law-abiding citizens. Though the juvenile justice system does differ from the adult justice system, juveniles retain many of the same rights as their adult counterparts.

Rights of Juveniles

The state of Illinois recognizes those who are age 17 and younger are juveniles who will be tried in juvenile court -- for most things. Children over the age of 15 can be tried as an adult for very serious crimes. No matter where a child is prosecuted, they have rights. These rights include:

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 Posted on February 15, 2019 in Traffic Law

With the rise of technology, almost everyone has a computer in their pocket these days -- their cell phones. While these handy devices can make life easier for us, they have also proven to make life more dangerous. In an effort to prevent drivers from using their electronic devices while driving, a new Illinois law that will take effect in July will increase the consequences that drivers will face when caught using an electronic device while driving. This new law will make a first-time offense of using an electronic device while driving a moving violation, rather than just a warning.

New Law Changes Penalties for First-Time Offenders

Before the new law was enacted, the Illinois Vehicle Code stated that drivers needed to be caught using an electronic device while driving at least twice before any disciplinary action would be taken against them. Under the new law, drivers only need to be caught using an electronic device once before they are issued a ticket for a moving violation. Beginning in July of this year, first-time offenders who use an electronic device while driving will see the infraction on their driving record. If drivers commit the offense more than three times in a 12-month period, they will face a driver’s license suspension. In addition to the violations, they will also face fines as follows:

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 Posted on February 07, 2019 in Criminal Law

Whether you are in court for a civil or criminal matter, or you are the plaintiff or defendant, you are expected to act a certain way and adhere to certain rules when you are in the courthouse. Every time you appear in court, you are being watched and analyzed. The judge, opposing counsel and the jury are examining you and determining what kind of person you are and if you have any credibility. Your actions and behavior in court could either favorably or unfavorably affect your case outcome. Here are a few tips to help you succeed and act appropriately when you go to court:

1. Make Sure You Arrive Early

You should make sure you factor in enough time for you to get to the courthouse on time. Account for possible traffic, in addition to the time it will take you to go through the security screening at the courthouse. Make sure you arrive at least 30 minutes before your scheduled hearing.

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 Posted on January 22, 2019 in Criminal Law

Domestic violence is a crime that Illinois courts take very seriously. Even if you did not actually commit the act of domestic violence, these charges can be detrimental to your life and your reputation. If you have an order of protection against you, it could make your life extremely difficult. There are many things that an Illinois order of protection can order you to do or prohibit you from doing. It is important to understand what orders of protection mean for you if you are facing Illinois domestic violence charges.

What is Domestic Violence?

According to the Illinois Domestic Violence Act of 1986, domestic violence is when any family or household member commits any act of abuse toward another family or household member. Family or household members include:

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 Posted on January 16, 2019 in Weapons Charges

In the state of Illinois, if you are in possession of a firearm, you must also be in possession of an Illinois firearm ownership identification card (FOID). It is illegal for you to own or be in possession of a firearm without a FOID card. Though the Second Amendment to the United States Constitution gives citizens the right to bear arms, the Illinois State Police reserves the right to revoke or suspend your FOID card at any time if you violate ownership rules or if you become ineligible for a FOID card. Having your FOID card suspended or revoked comes with a laundry list of things you must do to comply with the suspension or revocation, and if you do not comply with those requirements, you could be facing serious charges.

Notice of Revocation

There is a multitude of reasons that your FOID card can be revoked. Some of those reasons include:

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 Posted on January 10, 2019 in Criminal Law

In the American culture, underage drinking can be a rite of passage when you are a teenager. According to the Centers for Disease Control and Prevention (CDC) alcohol is the most commonly used drug among Americans ages 12 to 20 and that among high school students, around 30 percent drink some amount of alcohol each month. While alcohol use is common among teenagers, it is dangerous and illegal. Not only is it illegal for a teenager to purchase alcohol, but it is also illegal for teens to consume it. Moreover, it is illegal for a parent or guardian to allow alcohol to be consumed by minors on their property.

Social Host Liability Laws

According to the Illinois Liquor Control Act, it is illegal for anyone to allow those under the age of 21 to consume alcohol on his or her private property, any property that they control or any vehicle or watercraft under their control. You can be both held responsible for the consumption of alcohol by minors if you knowingly allow them to consume it and if you fail to adequately control access to the alcohol.

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 Posted on January 04, 2019 in Traffic Law

There is a multitude of reasons you can have your driving privileges taken away from you -- being convicted of a DUI, not paying your traffic tickets, not showing up in court and not paying child support are just a few ways you can have your license suspended or revoked. Whatever the reason, driving while your license is suspended or revoked is a bad idea. It can lead to even more trouble, like hefty fines and in some cases, jail time. Being caught driving while your license is suspended or revoked can also make it more difficult to have your license reinstated and may even increase the amount of time that your license is suspended or revoked.

First Offense

According to Illinois law, a person who is caught driving with a suspended or revoked license will be charged with a Class A misdemeanor for a first offense. You will face a mandatory sentence of 10 days in jail or 30 days of community service and fines of up to $2,500. If you were driving on a suspended license, your license will be suspended for double the original suspension period. If you were driving on a revoked license, your license will be revoked for an additional year.

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 Posted on December 26, 2018 in DUI

With 27,000 DUI arrests and 330 alcohol-related crash deaths in Illinois in 2017, you can understand why law enforcement and the courts take drunk driving offenses so seriously. Still, the State of Illinois also knows people can make one bad decision that should not necessarily devastate their life.

With that in mind, the state has options available for first-time offenders and other individuals who qualify so they can still earn a living and largely maintain their previous daily routine. One option is a breath alcohol ignition interlock device (BAIID), which around 12,000 Illinois residents have in their car at any given time.

BAIID Devices in Illinois

A BAIID is a breathalyzer device that tests a driver’s blood-alcohol content (BAC) and captures an image of the driver behind the wheel. If the driver registers a BAC of anywhere from .000 to .024, the vehicle’s ignition will function as desired. Anything .025 and above, it will not start. In addition to a test to initially start the vehicle, other tests are required at random intervals during each trip.

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 Posted on December 17, 2018 in Violent Crimes

Estimates suggest there are anywhere from 2 million to 4 million domestic assaults on women each year in the United States. That wide estimate range is due to the fact many cases go unreported. Violence involving current or former partners occurs in every age, racial, religious, and socioeconomic group. Unfortunately, many individuals are wrongly accused of domestic violence because they are in the midst of contentious divorce or family law proceedings. While domestic violence orders of protection are meant to help victims or potential sufferers, a vindictive former partner can also weaponize them in an attempt to sway the tone and eventual decisions in litigation.

If you are falsely accused of domestic violence, immediately contact a skilled criminal defense lawyer who can serve as your advocate and ensure the truth is not drowned out by false allegations.

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 Posted on December 14, 2018 in DUI

More than 27,000 DUI arrests were recorded in Illinois last year. Many of these constituted aggravated DUI offenses, which are the most serious DUI charges a driver can face. In Illinois, aggravated DUI is any DUI offense that results in a felony charge. A first or second DUI conviction is classified as a misdemeanor, but subsequent convictions or circumstances that involve various levels of endangerment, injury, or death can be charged as felonies. While you should have a skilled attorney for any DUI charge, it is impossible to overstate the need if you face aggravated DUI charges.

Aggravated DUI Cases in Illinois

Anyone convicted of aggravated DUI is subject to community service or imprisonment that cannot be suspended or reduced. Even those who receive probation or conditional discharge get at least 480 hours of community service or 10 days of incarceration.

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