Posted on April 19, 2016 in Expungement

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.

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 Posted on April 12, 2016 in Traffic Violations

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.

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 Posted on April 05, 2016 in Traffic Violations

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.

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 Posted on March 30, 2016 in Criminal Law

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;

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 Posted on March 21, 2016 in Theft

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.

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 Posted on March 14, 2016 in Juvenile Law

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.

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 Posted on March 07, 2016 in Violent Crimes

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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 Posted on February 23, 2016 in Criminal Law

If you bounce a check, it may result in more than just an issue with your bank and the retailer you tried to pay. You may find yourself under arrest and charged with a crime. Even though fewer and fewer people use paper checks, people are charged with different crimes relating to writing bad checks every year.

When is Writing a Bad Check More Than Just a Civil Issue?

When a merchant receives notice that your check bounced, he or she may decide to report you to law enforcement. Writing a check when there are not sufficient funds in your account for the check to clear may fall under the Illinois category of crimes known as deceptive practices.

The law presumes that you knew your check would bounce if there was not sufficient funds in your account when you wrote or delivered the check. You will have the chance to rebut this presumption with your own evidence.

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 Posted on February 16, 2016 in Criminal Law

Stalking is considered a domestic violence crime in Illinois. There are several different offenses that are considered stalking crimes. Sometimes the line between legal, yet annoying and offensive behavior, and behavior that is illegal and considered stalking can be hard to determine.

What is Stalking? 

Stalking is when you follow someone or put him or her under surveillance more than once and you threaten, or cause, him or her to fear being physically harmed, sexually assaulted or confined. Stalking does not have to be done in person.

Illinois has a cyberstalking crime that covers behavior online and over cell phones. You can be charged with cyberstalking even if you have never spoken to the victim.

Difference Between Stalking Order and Stalking Crime

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 Posted on February 09, 2016 in Traffic Violations

Some of the harshest penalties for traffic violations are reserved for construction zones. People may be tempted to just pay the expensive fine and move on. However, that may not be your best option.

Consequences for Speeding in a Constriction Zone

The fine for a first offense when speeding in a construction zone is a minimum of $375. The fine may be even more, depending on how fast you were driving in the construction zone.

If you are cited for speeding in a construction zone for a second time, then the minimum fine is $1,000. Just as with a first offense, the fine can be even more, depending on your speed. If you are cited a second time for speeding in a construction zone within two-years of your first citation, you will also have your driver’s license suspended for 90 days.

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