The sex offender registry is a list of people who have been convicted of certain sex crimes. The list is published online, and anyone can search it to see if someone has been convicted of a sex crime. As you can imagine, being included on the sex offender registry can have serious consequences for a person’s reputation and future opportunities.

When someone is listed on the Illinois sex offender registry, they must comply with certain restrictions and follow a specific set of rules. For example, an individual accused of a sex crime involving a minor may be prohibited from living near a school or public park.

If you were arrested for an alleged sex crime, it is crucial that you understand your rights and legal options. Speak to a sex crime defense lawyer for personalized legal support.

Hydrocodone, or Vicodin, is considered a Schedule II controlled substance in Illinois, meaning it has a high potential for abuse and dependence. Any possession, sale, manufacture, or distribution of this drug without proper authorization is strictly prohibited by law and can lead to severe penalties. Many people assume that they cannot face severe penalties for a substance that is frequently prescribed by physicians. However, a criminal conviction for a drug crime such as possession of hydrocodone can have life-changing consequences.

If you or someone you love are currently facing criminal charges for possessing or selling hydrocodone, it is important to understand the law, your rights, and the penalties for this offense. Reach out to a criminal defense lawyer to receive personalized guidance.

What are the Criminal Penalties for Vicodin in Illinois?

In Illinois, hydrocodone possession is a Class 4 felony at a minimum if the person allegedly possessing the pills did not have a valid prescription for them. The prison sentence for a Class 4 felony conviction can range from one to three years in prison. Criminal penalties increase if the person possessed large quantities of controlled substances or items used in the distribution of controlled substances, such as baggies, scales, and large quantities of cash. These items may lead to accusations of drug distribution or drug dealing.

When someone is arrested for drunk driving, they are often required to undergo blood alcohol testing. The blood alcohol limit in Illinois is .08 percent. If someone's BAC is above this limit, they will be charged with driving under the influence (DUI). However, blood alcohol tests are not always accurate. Various problems with the administration, storage, and analysis of a blood sample can lead to unreliable results. In some cases, these issues can lead to acquittal or dismissal of the DUI charges.

Problems with Blood Alcohol Testing for DUI

Blood tests are used to determine whether someone is intoxicated and are often crucial forms of evidence in a DUI case. However, there are a few ways that blood alcohol testing can be inaccurate or unreliable.

• Unqualified Individuals - Only certain individuals are qualified to administer a blood test. If the person administering the test is not adequately trained, the results could be unusable during the DUI case.

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Rumors, television crime dramas, and the media have perpetuated many different myths and misunderstandings about the criminal justice system. When someone is arrested on suspicion of a crime, well-meaning but ill-informed friends and family often further complicate the situation by sharing inaccurate information. In this blog, we will explore some of the most common falsehoods about police, arrests, and the criminal justice system.

Myth: Cooperating with Police May Lead to a Lower Sentence

If you have ever been interrogated by police or watched a TV show depicting an interrogation, you may have seen police offering to “help” the defendant in exchange for the defendant’s cooperation. For example, the police may say, “If you answer my questions, I can help you out.” They may imply that confessing will lead to a lower jail sentence or reduced charges. However, police do not have the authority to determine a defendant’s charges or the length of his or her jail sentence. These are just tactics used to get a confession.

Myth: It is Best to Answer Police Questions Fully and Honestly

If you are like most people, you were probably taught that “honesty is the best policy” when you were growing up. However, providing information to the police is one of the worst things you could do after being arrested – even if you are innocent. You have a right to remain silent for a reason.

While the Second Amendment to the U.S. Constitution gives us the right to bear arms, possession of firearms and other weapons is limited by state and federal laws. Violating these laws can lead to significant criminal penalties, including jail time. If you or a loved one were charged with a firearm or weapon-related offense, seek legal counsel immediately. You will want to start building a defense against the accusations as soon as possible.

Illinois Weapons Laws

Illinois state has strict rules regarding who may carry a firearm and where firearms are permitted. Anyone who wants to own a firearm or ammunition must get a Firearm Owner’s Identification Card (FOID). The Illinois Concealed Carry Act requires Illinois residents to obtain a permit to carry a gun in public. Certain weapons are prohibited entirely. You are not allowed to have machine guns, stun guns, throwing stars, explosives, or switchblades in Illinois.

Unlawful use of a weapon (UUW) charges can be elevated to aggravated unlawful use of a weapon if certain factors are present. For example, if the alleged offender had an order of protection against him or her at the time of the weapons offense, this can lead to aggravated charges.

Being accused of assault or battery is a serious matter. If you are convicted, you could face jail time, a steep fine, and other criminal consequences. Even if you are ultimately cleared of the charges, the mere accusation can damage your reputation. If you find yourself in this situation, it is important to take immediate action to protect your rights.

Do Not Talk to the Police Without an Attorney Present

If the police want to talk to you about an allegation of assault or battery, it is important that you have an attorney present. Do not try to talk your way out of the situation or offer any kind of explanation. Anything you say can and will be used against you in court. Remember that you have the right to remain silent and should exercise that right until you have legal counsel present.

Do Not Talk to the Alleged Victim

In some cases, the alleged victim may try to contact you directly, either by phone call or social media message. It is essential that you do not respond to these attempts at communication. Anything you say to the alleged victim can be used as evidence against you in court. If you must communicate with the person who has accused you, always do so through your attorney.

Any criminal charge can be life-changing, but the criminal penalties and personal consequences associated with violent offenses are especially severe. If you or a loved one were charged with domestic battery, sexual assault, homicide, or another violent offense, the need for strong legal counsel cannot be overstated. Your lawyer can investigate your case and determine the best way to proceed. In some cases, the defendant's best option is to fight the charges at trial and hope for an acquittal. In other cases, it is better to arrange a plea deal or plea bargain. 

What is a Plea Bargain?

A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest to a criminal charge in exchange for a reduced sentence or some other benefit. For example, a prosecutor might agree to reduce a felony charge to a misdemeanor in exchange for a guilty plea. Or, the prosecutor might agree to recommend a reduced sentence in exchange for a guilty plea. 

Plea bargains are not available in every case, and they are not always in the defendant's best interest. In some cases, it is better to take the case to trial. However, plea bargains can be beneficial because they offer the opportunity to resolve the case without going to trial. A plea bargain can also result in a lighter sentence than the defendant would receive if convicted at trial.

Most people are familiar with the “legal limit” for blood alcohol content (BAC). In 49 U.S. states, including Illinois, the legal limit is 0.08 percent. A driver with a BAC of 0.08 percent or more is intoxicated “per se,” or intoxicated as a matter of law. If you are pulled over by the police, given a breath test, and the results show a BAC over the legal limit, you will be arrested for drunk driving.

However, in some cases, it is possible for an individual to avoid conviction for driving under the influence (DUI) even if they blew over 0.08 percent. Read on to learn more.

Breathalyzer Test Results May Be Unreliable

The portable breathalyzers police carry around with them are used to establish probable cause for the DUI arrest. Once someone is arrested, they take a second breath test at the police station. The results of this evidentiary test are used as evidence in the DUI case.

Illinois law defines assault as conduct that is offensive or threatening, while battery refers to actual physical contact. Assault and/or battery charges often follow a physical altercation or fight. Assault and battery charges can be misdemeanors or felonies depending on the nature of the alleged offense. Being convicted of either offense can lead to serious repercussions, including jail time. Having a conviction on your criminal record can also dramatically impact employment and housing opportunities.

If you or a loved one were charged with assault or battery, contact a criminal defense lawyer right away. Your attorney can begin building a strong case in your defense and ensure that your rights are protected.

Defense Strategies for Assault and Battery Charges in Illinois

Being convicted of assault or battery can threaten your future – especially if aggravating circumstances are present. Criminal defense attorneys use a variety of strategies when representing defendants accused of assault or battery. Some of the most common defense strategies include:

Most people take prescription medications from time to time. An individual recovering from surgery may take prescription pain medicine. Someone with an anxiety disorder may take anti-anxiety medication. When a doctor prescribes a medication to a patient, the doctor is essentially giving the patient authorization to take the medication. Many people are shocked to learn that they can face criminal charges for driving under the influence (DUI) for taking medicine that was lawfully prescribed to them. DUI involving prescription medication can lead to driver’s license suspension or revocation, expensive fines, or even jail time.

Driving Under the Influence of Prescription Medication

The term “driving under the influence” is often used synonymously with drunk driving. However, alcohol is not the only substance that can lead to DUI charges.

Illinois law states that a person may be charged with DUI for driving under the influence of:

Soaring gas prices, food shortages, inflation, and countless other issues have made the first half of 2022 very difficult for Americans. Many people are struggling to make ends meet and fulfill their financial obligations. As a result, more and more people are buying items outside of the typical retail stores. They may turn to Facebook Marketplace, eBay, eBid, Craigslist, and other websites to buy used items instead of shelling out money for brand new items at the store. Unfortunately, some of the items that are sold online are stolen, and buyers may find themselves facing criminal charges for receipt of stolen goods.

Stolen Goods Being Sold on Online Marketplaces

Online marketplaces are great places to find deals on everything from home goods to vehicles. However, these websites have also become popular places for thieves to resell items that were shoplifted from the store or stolen from other parties. Facebook Marketplace seems to be the preferred website for these illegal transactions because there is little oversight or regulation. Unfortunately, some buyers think that they are buying legitimate items legally when they are actually purchasing solen goods. In Illinois, possession of stolen goods constitutes theft. Someone who purchases or receives a stolen item may face the same criminal penalties as if someone who physically stole the item from the store shelf.

What to Do If You Are Facing Theft Charges for Receipt of Stolen Items

If you or a loved one were charged with theft because you possessed stolen or shoplifted items, know that the consequences can be severe. Theft of items valued at less than $500 is a misdemeanor offense punishable by up to a year in jail and a maximum fine of $2,500. However, if the stolen item was worth more than $500, the crime is a felony offense punishable by a maximum fine of $25,000 and three to seven years in prison. You or your loved one could be facing substantial jail time for buying stolen goods.

Everyone has heard the classic line that “your home is your castle.” This means that your residence is considered sacred, and deserves protection from unwanted intrusion by others. One way Illinois recognizes this right is through its laws against burglary and criminal trespass to a residence. These are both types of unwanted home intrusion. But how are they different?

What is Criminal Trespass to a Residence?

In Illinois law, if you knowingly enter someone else’s home, or stay there without their permission, that is considered “criminal trespass.” The key to charging and proving this criminal offense is intent. For the trespass to be unlawful, the offender must have knowingly entered the property without the owner’s permission or stayed there after knowing that they were unwelcome there.

Accidentally wandering onto someone’s property is not criminal trespass—but intentionally ignoring no trespassing signs or a locked door may be. If the property is unoccupied at the time, this offense is considered a Class A misdemeanor punishable by up to one year in prison, or two years probation with formal supervision. If the home is occupied, it is considered a Class 4 felony punishable by up to three years in prison.

We’ve all heard the phrase “assault and battery,” as though this were a single offense. So you may be surprised that in Illinois, unlike some states, these are actually two different crimes that can be charged separately. Under Illinois law, battery is either conduct causing bodily harm or insulting, provocative, or unwanted physical contact with another person. Assault, on the other hand, is intentional conduct that causes the fear of imminent violence. So while a battery would generally include actual physical contact or injury, an assault would merely be a real or implied threat of physical harm.

Why does this matter? Because in Illinois, even without laying a finger on someone, just threatening them with words or actions until they feared for their safety is a crime that deserves punishment.

For “simple assault,” a Class C misdemeanor, that penalty is a maximum $500 fine and 30 days in jail, along with community service of up to 120 hours. And if you are pointing a gun or knife in a threatening way at the time, then that can up the ante to “aggravated assault.” This can be charged as either a Class A misdemeanor punishable by a year in prison and a $2,500 fine, or a more serious Class 4 felony, which carries the potential for as much as three years in prison and up to a $25,000 fine. (Plus, with any prior convictions for aggravated assault, the prison term can increase to a maximum of three to six years.)

Crimes that affect children are taken very seriously, and a person who is accused of these types of offenses may face a lengthy prison sentence if they are convicted, as well as multiple other types of penalties. Sex crimes that allegedly involve child victims are considered to be especially reprehensible, and offenses related to child pornography will usually be investigated and prosecuted to the full extent of the law. Those who are accused of possessing, distributing, or producing child pornography will need to understand the specific charges they may face, the penalties that may apply if they are convicted, and their options for defense.

Illinois Child Pornography Crimes

According to Illinois law, child pornography may include any depictions of a child under the age of 18 engaging in sexual conduct. This may include actual or simulated sexual intercourse and other activities meant to stimulate sexual arousal, as well as depictions of a child’s unclothed genitals or other private parts. Child pornography may consist of photographs, videos, live performances, or other visual depictions of children that are sexual in nature. Depictions of a person over the age of 18 with a severe intellectual disability may also be considered child pornography.

A person may be charged with possession of child pornography based on any materials that they know or should have known depict a person under the age of 18. If the materials in question consist of videos or other moving images, or if material depicts a child under the age of 13, a person may be charged with a Class 2 felony, which carried a prison sentence of three to seven years. If child pornography consists of photos or other still images, a person may be charged with a Class 3 felony, which carries a prison sentence of two to five years. Possession of child pornography may also result in a fine of up to $100,000.

There are a variety of situations where a person may face criminal charges based on accusations of theft. Some of the most common charges in these cases involve claims that a person has committed retail theft, which is commonly known as shoplifting. While this may seem like a relatively minor offense, there are a variety of factors that may result in serious charges that can lead to large fines or significant jail time if a person is convicted. By understanding the types of actions that could lead to these charges and the potential penalties for these offenses, those who have been accused of retail theft can determine their best options for defense.

Misdemeanor or Felony Retail Theft Charges

Illinois law defines several different types of actions that are considered retail theft. In general, these charges may apply if a person takes any merchandise from a retail store without paying the full retail value. While pocketing or concealing items and leaving a store is one of the most common forms of shoplifting, retail theft charges may also apply if a person alters or removes price tags or transfers items into different packaging with the intent of paying a lower price. Intentionally under-ringing the price of an item is also considered to be retail theft, including when it is done by a cashier or a customer using a self-checkout. A person may also face criminal charges if they fail to return property to its owner after renting or leasing equipment.

If a person commits the forms of retail theft described above, and the value of the items stolen is below $300, they may be charged with a Class A misdemeanor. In these cases, a conviction may result in a prison sentence of up to one year and a fine of up to $2,500. If the value of property is over $300, including in multiple incidents that are considered to be a “continuing course of conduct” during a one-year period, a person may be charged with a Class 3 felony. In these cases, a conviction may result in a prison sentence of between two and five years. Felony convictions may also result in fines of up to $25,000. An offender may also be required to pay restitution to the owner of the retail establishment for the value of the goods that were stolen.

It is true that a first-time simple DUI is usually charged as a misdemeanor, both in Illinois and elsewhere. If the case is relatively simple and you did not cause any real harm, you might even get court supervision instead of jail time. However, there are some circumstances that render even a first-time DUI so serious that it will be treated as a felony. If you are facing felony DUI charges, you will need an experienced criminal defense attorney to put forth a strong defense in the hopes of having your charges at least reduced back to a misdemeanor.

What Circumstances Make a First DUI a Felony?

In Illinois, a felony DUI is considered an “aggravated DUI.” This means that there are circumstances present that make the offense more serious. A third DUI is automatically a Class 3 felony, but a first DUI is usually a misdemeanor. However, even a first DUI can be charged as a felony in these circumstances:

• Children - Having a minor under 16 years old in your vehicle while driving intoxicated is a Class 4 felony.
• Commercial activity - If you were driving for hire, such as through a ridesharing company like Uber, a DUI will be charged as a felony if you were carrying a paying passenger.
• Bodily harm - Causing an accident and seriously injuring someone because you were driving drunk is a very serious crime, and could result in a felony conviction. DUI with injury will be charged as a Class 4 felony if anyone suffered great bodily harm, disfigurement, or permanent disability. If there were only minor injuries, a skilled attorney may be able to argue that a misdemeanor charge would be more appropriate.
• Death - Killing someone in a DUI crash is the worst possible outcome of drunk driving. It is charged as at least a Class 2 felony and could land you in prison for three to seven years or more.
• Insurance - Driving drunk while knowing that you do not have insurance to cover any damages you might cause is regarded as more serious and may result in felony charges.
• License - If your license is suspended, revoked, or anything but valid and clear, you run the risk of getting a felony for driving intoxicated even if it is your first offense. Licenses are often suspended or revoked due to multiple moving violations - there will be little leeway on a DUI accusation if you were already not supposed to be on the road due to poor driving history.

Felony DUI charges are very serious and can have a major impact on the rest of your life. It is important that you follow the recommendations of your defense attorney to give you the best possible chances of avoiding a felony conviction.

Since 2019, the city of Chicago has put a ban on “assault weapons.” This law was in response to a series of mass shootings taking place in Illinois and across the entire nation, mostly involving large, automatic rifles. No single, unified definition of an “assault weapon” exists. States have turned to varying formulations and definitions in an attempt to define what constitutes an “assault weapon.” It is important for Cook County gun owners to be familiar with how the law actually defines possession of an assault weapon, lest you find yourself facing a firearms charge.

What is the Definition of an Assault Weapon in Chicago?

There are several ways to be in possession of an “assault weapon” in Chicago. City code defines an assault weapon as “any weapon that shoots . . . automatically, more than one shot, without manual reloading, by a single function of the trigger.” This definition would include all automatic rifles. If you hold down the trigger and more than one bullet comes out, you may be looking at an assault weapon by Chicago’s standards.

This definition also includes the frame or receiver of automatic rifles, as well as “any part designed and intended for use in converting a weapon into a machine gun,” or any collection of firearm parts that one could assemble to construct a machine gun. Even disassembled, this type of rifle is illegal in Chicago.

A recent decision by Cook County prosecutors not to pursue charges against five suspected gang members involved in a fatal Chicago shootout left many locals surprised and confused. Although all five were arrested on suspicion of murder and aggravated battery, they were later released from jail without being formally charged. The reason prosecutors cite for declining to charge the shooters is that they were engaged in “mutual combat,” according to a police report. But what does that mean?

If you are facing violent crime charges of any type, contacting an attorney as soon as possible is of great importance. You may have defenses available to you depending on the circumstances of your individual case, but you will need an experienced attorney to put on the best possible defense.

What Is the Legal Definition of “Mutual Combat”?

Simply put, mutual combat occurs when two adults willingly fight. In legal terms, mutual combat is defined as “a fight or struggle which both parties enter willingly or where two persons, upon a sudden quarrel and in hot blood, mutually fight upon equal terms and where death results from the combat.” This definition comes from a decision by the Supreme Court of Illinois in the case of People v. Austin, which dates back to 1990.

If you have been arrested and charged with a crime, your highest priority is likely to avoid conviction altogether. However, if you are ultimately convicted, you still may have hopes of avoiding a prison sentence. Fortunately, it is sometimes possible for criminal defendants in Cook County to avoid prison time through an alternative sentencing program. An attorney can help you determine whether you may be eligible for alternative sentencing and negotiate on your behalf with the goal of achieving this outcome.

Cook County Alternative Sentencing Options

The availability of alternative sentencing largely depends on the county in which you are facing charges. Cook County offers several different programs that may be available to you, including:

• Deferred prosecution - Certain non-violent misdemeanor and felony offenders may be eligible for a deferred prosecution program if they have no prior convictions and have not participated in the program before. The program typically requires the offender to complete requirements including education and community service within a specified time frame, after which their charges can be dismissed.
• Drug or mental health treatment - High-risk non-violent offenders who have been diagnosed with a substance use disorder or psychiatric condition may be eligible for a probationary program that includes participation in a treatment program.
• Veterans treatment - Similar to drug or mental health treatment, this option is available to non-violent offenders who have a record of military service without dishonorable discharge.
• Second Chance Probation - This option is available statewide to offenders charged with low-level, non-violent felony crimes such as drug possession, theft, burglary, and criminal trespassing. Eligible participants must not have a prior felony conviction. In order to successfully complete probation, participants must meet several requirements, including refraining from committing further crimes or possessing firearms, submitting to drug tests, seeking education and employment, performing community service, and making restitution to victims of the crime.
• Sheriff’s Work Alternative Program - The SWAP program allows non-violent misdemeanor, felony, and traffic offenders to perform supervised community service for public works projects instead of serving time in jail or prison.
• Restorative Justice Community Court - The North Lawndale community of Chicago offers a unique option for non-violent offenders between the ages of 18 and 26, in which they agree to complete a course of action to repair the harm caused by their crime.

Contact a Cook County Criminal Defense Attorney

At Hartsfield Law, we are committed to achieving the best possible outcomes for our clients who are facing criminal charges. If you are concerned about a possible conviction and prison sentence, we will review your case and help you pursue any available alternative sentencing options. Contact us at 312-345-1700 for a free consultation with our Chicago criminal defense lawyer.

In Illinois, a conviction for a criminal offense can result in serious consequences including fines and imprisonment. However, many criminal defendants face hardship even before their trial due to policies like cash bail requirements for pretrial release. Cash bail policies are especially difficult for low-income defendants who may not have the resources to post bail, and who therefore must remain in custody while waiting for trial. Fortunately, Illinois has recently passed a bill that will end the use of cash bail in the coming years.

The Illinois Pretrial Fairness Act

In February 2021, the Illinois legislature passed House Bill 3653, ushering in large-scale changes to the state’s criminal justice system. Some components of the bill have already taken effect, while others will continue to be phased in over time. One major component of the bill is the Illinois Pretrial Fairness Act, which will eliminate cash bail statewide by January 1, 2023. Notably, Illinois is the first state in the U.S. to pass legislation to end cash bail.

Once the law fully goes into effect, Illinois courts will no longer be able to set bail payments of any amount as a condition for a defendant’s release in advance of their trial. Rather, the courts will be required to implement new systems to determine when a defendant may safely be released. Under these new systems, most defendants will be released from custody under their own recognizance, with the expectation that they will return for their court dates. Pretrial detention will be reserved only for defendants who have been charged with certain serious offenses, or who are found to pose a significant threat to another person or to be likely to fail to appear in court.