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Recent Blog Posts
What to Expect With a First-Time DUI Offense
If you are charged with a first-time DUI offense, you may be unsure as to how you should respond when speaking with an officer. For example, should you be cooperative and do everything an officer asks? Or, should you refuse to do anything? The answer lies somewhere in between the two.
First and foremost, an officer's job is to keep citizens safe. Yet, just like every human being, an officer may be experiencing a bad day, therefore resulting in a short temper and little patience. When responding to an officer's questions, do not become antagonistic in your responses; however, do not admit guilt. Admission adds evidence against you and is hard to come back from defensively. An officer cannot make an arrest without just cause.
Also, keep in mind that police are not required to tell the truth. Officers are legally allowed to lie to convince you to cooperate. Still, answer an officer's questions politely but do not offer any other information such as how many beverages you consumed. Moreover, do not discuss your driving that night. In sum, it is best to keep your mouth shut as much as possible. Anything that is communicated during that time is allowable in a court of law.
Could You Face Weapons Charges for Defending Yourself?
The worst case scenario is happening to you right this moment and you have a weapon to defend yourself, yet you have not taken the proper avenues to make your weapon purchase legal. What do you do?
Do you pretend you do not have the weapon in order to avoid legal trouble, or do you use it to defend yourself, regardless of the legal ramifications? If you choose to defend yourself, will you face weapons charges?
These are not the best questions to ask yourself in ‘the heat of the moment,’ yet they are certainly questions to consider before you even decide to carry.
The Law
Illinois became the last state in the United States to formally issue a concealed carry program on July 9, 2013. Comparisons between Illinois and other state regulations include:
Justice for Juveniles
There are several different charges related to juvenile theft. Often glamorized by the music industry and mainstream media, many impressionable young adults are led to believe that it is nearly a rite of passage to steal and get away with it. Some consider stealing as a rush; others do it because “everyone else is doing it." Additionally, there may be cases in which a juvenile steals food because he or she could not afford to eat. However, the most common forms of juvenile theft, all prosecutable by law, include the following:
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Shoplifting: Removing the merchandise from a display or shelf and then exiting the premises with the item without any intention of paying. Merchandise is product that an establishment would sell to the public.
Expungement and Sealing Records
Everyone makes mistakes. Some mistakes can change the direction of our future and potentially haunt us for the rest of our lives. We may even look back after an incident has occurred and wish that we could erase it. Thankfully, the court system has the option to seal or even expunge records. Although these options may not be available in all circumstances, expungement and sealing records have given people a second chance at a better future.
What Can a Criminal Record Affect?
Aside from shaking your self confidence a bit, a criminal record can affect several aspects of your life. Even if you are not convicted of a crime, an arrest and investigation is still a matter of public record and can show up in any background check.
Red-Light Traffic Tickets: Another Refund is Potentially Coming to Chicago
Tax season is upon us and citizens are receiving refund checks for taxes paid. However, in Chicago, residents may also be receiving a second refund.
If you were issued a red-light traffic ticket since 2003, you may receive all or some of that money back. A Circuit Court Judge recently ruled in favor of several cases in which individuals were suing the city for not sending a second notice for traffic violation citations.
Red Light Camera Enforcement
In the city of Chicago, a Red Light Camera Enforcement system is utilized. This began in 2003 with simply two intersections and has grown to over 300 cameras based on traffic severity in the area. Digital cameras are placed at these intersections that use radar to detect when someone is approaching and passing through an intersection. If the radar detects a vehicle entering the intersection after the light has turned red, a still photograph of the rear of the vehicle is captured. The vehicle's license plate number is captured as well. The City Department of Revenue reviews and issues citations to the registered owner and operator of the vehicle in the photograph. According to city officials, this has significantly reduced the occurrence of severe and fatal accidents because it makes potential red light runners think twice before running the traffic signal.
When a Traffic Violation is More than Just an Annoyance
Traffic tickets are often viewed as a minor annoyance. A fine is paid and the driver moves on. Still, there are times when a traffic ticket can have several long-lasting consequences.
Financial Consequences
You may be required to pay more money than what a fine requires when you are issued a ticket. Depending on your record, your insurance rates may also increase. Some unfortunate drivers have found that their insurance rates become so high that they are no longer able to afford to drive.
If you are issued too many tickets in a certain period of time, usually one to two years depending on your age, your driver's license may be suspended. In addition, you will have to pay fees to have your license reinstated. If you have to drive for work, then you could face losing your job as well.
Understanding Statutes of Limitations for Crimes
The state legislature has passed several laws that set the time period when someone can be charged with a crime. This time period is called the statute of limitations. However, sometimes a crime is too old for you to be prosecuted and understanding if the statute of limitations has expired can be complicated.
Basic Statutes of Limitations
Illinois law provides that most misdemeanors have a statute of limitations of 18 months. Most felonies have a statute of limitations of three years. Additionally, many specific crimes also have their own specific statute of limitations. Examples of specific statutes of limitations include:
- Identity Theft: Five years from the time the victim discovers the offense;
- Criminal Sexual Assault: Ten years if the victim reported the abuse within three years of it occurring;
What is the Difference Between Joyriding and Stealing a Car?
One of the key elements in charging most crimes is the intent of the person accused of committing the crime. When a crime is committed, your intention can make all the difference—not only with regard to the crimes you are charged with, but also in what the prosecutor will be able to prove in court. One area where intent is particularly important is when a car goes missing.
What is Car Theft?
In Illinois, car theft is handled under the state’s general theft law. There is not a special statute for motor vehicle theft. The theft statute requires the intention to permanently deprive the rightful owner of the use or the benefit of the property. Permanently depriving the owner of the use or the benefit of a car may take many different forms. Taking a car and selling it to someone else would be considered theft. Taking a car and then driving it into a lake would also be considered theft. Both of these actions show that there was an intention to permanently deprive the owner of his or her car.
Your Rights as a Parent When Your Child is Facing Criminal Charges
If your child is under the age of 18, then you, as a parent, have certain rights when your child is involved with the criminal justice system. The better you understand your rights and your child’s rights, the better you will be able to help him or her after he or she has been arrested or charged with a crime.
Parent’s Rights After an Arrest
If your child has been arrested, he or she has all of the same state and federal rights as anyone else. Moreover, as a parent of an arrestee under the age of 18 in Illinois, you also have rights.
First, you have a right to know why your child was detained. The police should not tell you that the information is confidential and that you will have to wait for your child to be released, or that your child must tell you. Law enforcement is required to inform you as to why your child was arrested.
Understanding Assault and Battery Charges
Being arrested and charged with a violent crime can turn an individual's entire life upside down. Two of the most common violent crimes in Illinois are assault and battery. Assault and battery are often charged together. Even though the terms assault and battery are used in everyday language to mean the same thing, legally they are two very different concepts.
The Difference Between Assault and Battery
Under Illinois law, you commit the crime of assault when you place someone else in reasonable apprehension or fear of physical harm. You do not have to have actually harmed, or even touched, an individual to be charged with assault. Making a threatening gesture or raising a fist can be enough to result in assault charges.
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