Posted on March 07, 2017 in Traffic Violations

A common way for police to begin a conversation with a suspect is by asking if the suspect knows he or she did something wrong. While some people might think that this is just an officer’s way of breaking the ice, it could be that the police officer is trying to get you to make an inculpatory statement about a traffic violation or a more serious crime.

An inculpatory statement is a statement that acknowledges that a person did something illegal. For example, an officer could be trying to get you to admit to speeding or running a red light.

In this situation, people think that if they admit to something then the officer will let them go. This rarely happens.

Your Answer to the Question

In some cases, it may be prudent to say that you know why you were pulled over. However, in general, most Illinois criminal defense attorneys would suggest to not admitting to any wrongdoing. If you do, it is essentially giving evidence to prosecutors.

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 Posted on February 20, 2017 in Traffic Violations

Thrill seekers and lead foot drivers beware: Excessive speeding can land you in jail. Under Illinois law, if you are going at least 26 miles per hour over the posted speed limit, you could face jail time.

The excessive speeding laws in Illinois provide:

• Going more than 26-35 mph over the speed limit is a Class B misdemeanor. A Class B misdemeanor is punishable by 180 days in jail and/or up to a $1,500 fine.
• Going more than 35 mph over the speed limit is a Class A misdemeanor. A Class A misdemeanor is punishable by up to 365 days in jail and/or up to a $2,500 fine.

The laws on this issue were updated in 2014, so if you have received a speeding ticket beforehand, different rules may apply.

No Supervision Available for Excessive Speeding

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 Posted on February 14, 2017 in Criminal Law

When arrested and put in jail, one primary concern is how to get out of confinement. For most crimes, a court will release an accused if bail is posted. By requiring an accused to post bail, defendants are more likely to continue to show up for court dates. If a defendant does not appear in court, however, the bail amount is considered forfeited and the accused will return to jail. Consider the following information regarding bail in Illinois.

1. Not All Crimes Are Eligible for Bail

Under Illinois law, a judge cannot set bail in certain cases including:

• Offenses punishable by death or life in prison, until a hearing can be held and the accused can demonstrate that “the proof of his [or her] guilt is not evident”;
• Stalking or aggravated stalking; or

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 Posted on February 06, 2017 in Theft

When people hear the term “shoplifting,” they typically think of someone taking an item for sale in a store without paying for it. This is the classic form of shoplifting. However, Illinois law defines many other acts as shoplifting.

Other acts that are considered shoplifting in Illinois include the following:

1. Changing the sale price or removing tags;
2. Under-ringing merchandise. This could come up in a self-checkout situation or be done by an employee;
3. Removing the store’s shopping cart from the premises;
4. Returning stolen merchandise for cash, exchange, or store credit;
5. Using or possessing a theft detection shielding device; or
6. Failing to return an item that has been rented.

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 Posted on February 01, 2017 in Criminal Law

Illinois recently enacted a law that sets new standards for courts accepting guilty pleas. The new law attempts to better inform a defendant about the ramifications of the plea when it is given. 

Under the new law, a defendant must be told by the court:

• The maximum and minimum sentence and penalty under the law;
• The possibility of consecutive sentences, if applicable;
• The possibility of an increased sentence for future or prior convictions, if applicable;
• The registration requirements and restrictions that come with the plea, if applicable; and
• The plea’s effect on an accused’s ability to:

• Apply for housing;

• Get a job;

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 Posted on January 23, 2017 in DUI

Getting pulled over on suspicion of driving under the influence means that a police officer will take every opportunity he or she has to determine if you are driving drunk. From the moment an officer spots your vehicle, he or she will be gathering evidence that may be used to prove in court that you were driving under the influence. 

One way officers will attempt to determine your level of intoxication is through field sobriety tests. There are three types of field sobriety tests:

1. Walk-and-Turn Test. In this test, officers have drivers walk heel to toe in a straight line and then have them pivot around asking them to walk in the other direction. An officer may also ask you to count your steps as you take them.
2. One Legged Stand Test. An officer will ask a driver to stand on one leg with the other leg outstretched in front of the body. The driver will be required to hold this position without swaying or moving arms for balance.

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 Posted on January 16, 2017 in Criminal Law

Guns are subject to many regulations, and gun laws are hotly debated. Therefore, with all the focus on guns, it is easy to forget that knives are subject to regulations and in some cases are illegal.

There are several reasons to lawfully carry a knife, and knife collecting itself is not illegal. They are useful tools to many people’s professions and hobbies such as hunting. However, what one person may view as an eccentric or rare knife, the law may view as illegal.

It is important to determine if the knives you carry are illegal. If an officer sees you carrying an illegal knife or sees the knife in plain view in your car, the officer could use that as justification for a search of your body or car.

What Knives Are Legal

The following knives are legal to possess:

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 Posted on January 09, 2017 in DUI

If you have been convicted of a DUI in Illinois, one of your top concerns will be when you will be able to drive again. Illinois, along with a majority of states, allows drivers convicted of DUI to drive if they install a breath alcohol ignition interlock device (BAIID). 

This is a popular program. On average in Illinois, 12,000 drivers are using BAIIDs. Consider four facts about this device, and how to get one.

1. A BAIID is subject to three types of fees.

Each vendor charges its own fees, but on average a BAIID vendor charges $85 for installation. There is also a monthly rental for the device, which is usually about $80. Finally, the Illinois Secretary of State charges $30 month for monitoring. If you have been declared indigent by the court, your costs could be lower.

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 Posted on January 02, 2017 in Traffic Violations

A suspension of your license means that the state of Illinois has temporarily removed your driving privileges. No matter the cause, unless your license is permanently revoked, your privileges are restorable, either after the set amount of time has elapsed or once the court deems your eligibility again.

Suspension occurs for a wide variety of reasons, including anything from speeding tickets to delinquent child support payments. If you drive on a suspended license, however, then you are likely to face additional, more serious penalties.

How Did My License Get Suspended in the First Place?

License suspension in Illinois is a frequent occurrence. If you fail to pay ticketed fines, such as parking fines or toll charges for an excessive amount of time, your license is jeopardized. Non-driving related offenses put you at risk as well, such as failure to pay child support or breaking visitation regulations. Other behaviors that can result in a suspension include:

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 Posted on December 29, 2016 in Criminal Law

The First Amendment to the United States Constitution protects our rights to free speech, so you can say whatever you would like, right? Not necessarily. There are a few caveats associated with your freedom of expression. Others also have the right to feel safe. Therefore, government officials have the right to step in if your speech incites violence or violates peace. However, the perception of fear varies from person to person. If the words that leave your mouth cause an overly-sensitive individual to fear for his or her life, then are you susceptible to assault charges?

Sticks and Stones

Physical contact may leave lasting, visible marks on a human body. However, words can be just as powerful. The words we use, assisted by body language and voice inflection, can cause powerful emotional reactions in those around us. For this reason, assault charges are not reliant on actual contact, but the feelings provoked in others. Each state defines assault differently. In Illinois, assault is:

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