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Whether at college or in their hometown, young adults are often tempted to do whatever it takes to get into bars before they turn 21 years old, the legal drinking age in Illinois and across the U.S.
That desire leads some to acquire fake identification. This may include using someone else’s ID as their own, presenting another person’s information at an Illinois license branch to get a new ID, or obtaining one through an individual or business that sells them. While it might seem like a victimless crime in order to have some fun, the state of Illinois does not see it that way.
In Illinois, it is illegal to possess, use, distribute, or help someone get a fake driver’s license or ID card. At a minimum, your license can be suspended for up to a year for any of those offenses.
You could be charged with a Class A misdemeanor, with up to a year in jail and a $2,500 fine for:
Sometimes even the most cautious drivers get pulled over for speeding. You might think a solo speeding violation is no big deal, but that is not always the case. Multiple traffic violations, and even one serious violation, can lead to a suspension of your driver’s license that can negatively impact much of your life.
Here is how a speeding ticket in Illinois works:
Driver’s License Points
Drivers under 21 years of age may lose their license for getting two or more tickets in a two-year period. Drivers over 21 receive an automatic license suspension for three moving violations within 12 months.
If you are convicted of a moving violation, you pay a traffic ticket fine and points are added to your Illinois driving record. The number of assigned points depends on the severity of your violation.
While drinking alcohol before the age of 21 is considered a rite of passage by many, Illinois law enforcement and the legal system do not see it that way. For a minor charged with the illegal consumption of alcohol or driving under the influence (DUI), the penalties are no laughing matter. If your child has been charged with an offense related to underage drinking, you should work with an attorney who can help you understand how to minimize any resulting difficulties.
Illegal Alcohol Consumption in Illinois
The consumption, possession, purchase, or receipt of alcohol by someone under 21 is punishable by a three-month driver’s license suspension for an offense that results in court supervision. That suspension increases to six months for a first conviction, one year for a second conviction, and driver’s license revocation for any subsequent convictions. Anyone under 21 who transports liquor can be assessed a maximum $1,000 fine. The driver could face a one-year license suspension for a first offense and a one-year license revocation for additional offenses.
Having a criminal record can affect various aspects of your life, including job opportunities, housing options, and even admission into many schools. Even if a charge is dismissed, it can remain on your record. Fortunately, people with criminal records have the ability to clear their record through the process of expungement.
An expungement is a court-ordered process that erases the legal record of an arrest or criminal conviction in the eyes of the law, which can vastly improve your ability to get a job, qualify for a mortgage, or gain admission to an educational institution. Once an arrest or criminal conviction is expunged, it no longer needs to be disclosed on job or housing applications by the person who was arrested or convicted. A record that has been expunged is destroyed, and it will not show up in public records inspections or background searches performed by potential employers and other companies or institutions.
Many people throughout the United States use marijuana for medical purposes, recreational consumption, or both. However, even though marijuana has been legalized for medicinal or recreational use in several states, it is still considered a controlled substance in Illinois.
As marijuana laws continue to change, you might be wondering about the current laws and the penalties that could result if you are caught possessing it. Can you be arrested for possessing marijuana in Illinois? If a doctor prescribed medical marijuana for you, can you still get in legal trouble? Should you get an attorney if you are arrested on marijuana charges?
Under Illinois law, it is illegal to possess marijuana unless it is prescribed by a licensed physician. For marijuana use not prescribed by a physician, penalties vary based on the amount possessed:
You have had a couple of drinks with dinner and are sure you are safe to drive home. However, the police seem to think otherwise and the next thing you know, you have their squad car lights flashing in your rear-view mirror. How are you going to talk your way out of this one possibly? Here are a few practices that have helped others avoid a DUI charge during a police traffic stop:
Use Your Right to Remain Silent
You have the right to remain silent, so use it. Too many times clients have tried to talk their way out of trouble, only to make it worse. Police know that if they pressure you to speak, you will often give them more evidence than you intend, which is why they keep the conversation going. Your silence will not be used against you. Politely say that you choose to use your right to remain silent and provide them with their requested documentation.
Weapons charges in Illinois has potentially severe criminal penalties. Punishments run anywhere from a misdemeanor to a Class X felony depending on a variety of factors of the case, resulting in fines to potential jail or prison sentences. These factors include the location of the alleged crime, the number, and type of weapons involved, and the severity of any injuries incurred. Many cases become exacerbated by any previous criminal history or if other charges accompany the weapons charge. Unfortunately, ignorance of the law is not a good excuse in many weapon-related cases. If you face a weapons charge in Illinois, it is a good idea to understand your accusations.
Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)
This law applies to instances when a suspect fires a gun in a reckless manner which endangers the safety of another individual. The code does not explicitly indicate what qualifies as “reckless,” leaving it up to the judgment of the arresting officer and the court. If the suspect were a passenger in a moving vehicle, both the passenger and the driver would receive the charge. If convicted, the resulting penalty is a Class 4 felony which is punishable by one to three years in prison.
Assault and battery charges are undoubtedly harsh accusations with potentially hefty consequences. However, dependant on the circumstances surrounding the case, there are a large number of potential defenses. Time and again, clients approach us with the genuine belief that they were the victim in the situation, rather than what the charges claim. Self-defense is one of the best defenses in violent crime cases, as long as there is supporting evidence. The following evidence must be present to build a winning argument.
A Threat of Harmful Force Existed
Even if you believe you were in danger and acted out of self-preservation, the threat must exist. If the opposition is no reasonable match, either by size, age, or other factors, an affirmative defense argument is more difficult to prove. However, even if your accuser is smaller in stature and weight, if they back you into a corner and raise a hand, you may be right to push them back to gain room to exit the situation.
Anyone under the age of 18 is a juvenile. When adolescents choose to break the law by participating in juvenile theft or other harmful behavior, we call this juvenile delinquency. In most cases, children who find themselves in trouble do not qualify for adult punishments, yet the consequences can have lasting effects. Currently, the United States faces an epidemic of juvenile delinquency. Crimes committed by one or more teens account for 20% of all criminal activity. This upward trend has experts searching for causes and the best methods of prevention.
The Expert Opinion
There is a constant debate as to what influences our behavior most, is it the genes we inherit from our family or our surroundings. Most experts agree that both play a pivotal role in our behavior choices. Children, teens, and young adults, however, are often more influenced by their surroundings. Adolescents make decisions directly relating to what is going on with their family members, friends, and their peers. These influencers are intensified by the accompaniment of a desire for material things, fashion trends, peer pressure, and financial lust, to name a few. Although any child can make a mistake that can result in legal consequences, the risk is higher when intensified by a background of:
It is illegal to text and drive in most states, including Illinois. Many drivers continue to use their cell phone while driving even though we all know better. Multitasking drivers are often identifiable by their weaving driving pattern, hesitation at traffic lights, and their tendency to stare into their laps. Although these indicators frequently mean the driver is texting and driving, they are often not enough evidence to prove guilt. Many Illinois residents wonder, “How do they know if I am using my cell phone?”
One Hand on the Steering Wheel
When police watch for drivers illegally using their cell phone, they often look for how many hands are on the wheel. In driver’s education, they always teach to keep two hands on the steering wheel, at “10 and 2.” This hand-positioning allows the driver to maintain control of the vehicle at all times; however, not many drivers obey this rule of thumb. Even though one-handed driving is prevalent, it still causes watchful officers to judge the placement of your other hand.
A lawyer’s time and advice are his stock and trade.
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