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Recent Blog Posts
When Can a Person Face Criminal Charges for Retail Theft in Illinois?
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.
6 Reasons Your First Chicago Area DUI Could Be a Felony
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:
What Does Chicago's Ban on Assault Weapons Mean?
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.
What Does "Mutual Combat" Mean?
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”?
6 Alternatives to a Prison Sentence in Cook County, Illinois
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.
Illinois Set to End Cash Bail for Criminal Defendants By 2023
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.
Understanding Due Process and the Bill Cosby Case
If you have picked up any newspaper or turned on cable news in the past few days, you have likely heard that actor/comedian Bill Cosby was released from prison this week after the Pennsylvania Supreme Court overturned his 2018 sexual assault conviction. In its decision, the court wrote that Cosby’s due process rights were violated. While many legal scholars have agreed that the court made the right decision, many people across the country, including Cosby’s accusers, are outraged by the decision and Cosby’s freedom.
The Case
In 2018, a Pennsylvania jury found Cosby guilty of drugging and sexually assaulting a victim in his home in 2004. In 2005, the victim went to the police about the assault, but no criminal charges were pressed. The following year, the victim and Cosby reached a $3.4 million settlement in a civil lawsuit.
Can I Be Arrested for Possession of Stolen Property in Illinois?
It should come as no surprise that taking property that does not lawfully belong to you is a criminal offense, and in Illinois, you could face misdemeanor or felony theft charges depending on the circumstances. However, you may be unaware that simply having stolen property in your possession can also be a crime, even if you are not the person who originally stole it. It can come as a shock to be charged with possession of stolen property, especially if you were not aware that it was stolen. In these cases, you should work with an attorney who can help you present a strong defense to the charges you are facing.
Illinois Law Regarding Possession of Stolen Property
The Illinois Criminal Code defines several different actions that are considered criminal theft. Most of them involve actively seizing another person’s property, whether by threat, force, deception, or without the person’s knowledge. However, state law also makes it a crime to “obtain control over stolen property” if the recipient knows that it is stolen or should reasonably be aware that it is stolen.
Can the Police Obtain a No-Knock Search Warrant in Illinois?
Over the last year, the use of no-knock search warrants in criminal cases has come under increased scrutiny due to the risk of harm to innocent and vulnerable people who may be on the property. In fact, many cities and police departments have started to ban the practice outright. However, the State of Illinois still allows no-knock warrants under some circumstances, and if your property is subject to a warrant, it is crucial that you understand your rights.
When Can a Search Warrant Be Issued in Illinois?
The Fourth Amendment in the U.S. Bill of Rights provides protection from unreasonable search and seizure, meaning that law enforcement cannot simply search a person’s property on a whim. In most cases, officers will first need to obtain a search warrant, and in order to do so, they must demonstrate that there is probable cause to believe that evidence of a crime will be found on the property. Warrants are often used in cases involving drug possession and distribution, illegal weapons possession, stolen property, and kidnapping, among others.
What Are the Penalties for Possession of a Weapon by a Felon in Illinois?
In Illinois and throughout the U.S., people have the constitutional right to bear arms. However, that does not mean the possession of firearms and other weapons is unregulated. Illinois prohibits the possession of certain kinds of weapons outright and requires gun owners to obtain a Firearm Owners ID card (FOID) in order to be in compliance with state law. If you have been convicted of a felony in Illinois or another state, your FOID can be revoked, and future applications for an FOID can be denied. You may also face serious criminal penalties if you are found to be in unlawful possession of a weapon with a previous felony conviction on your record.
What Types of Weapons Are Prohibited for Convicted Felons?
As with all people in the State of Illinois, convicted felons are prohibited from knowingly possessing certain kinds of dangerous weapons under any circumstances, including bludgeons, metal knuckles, throwing stars, and switchblades. However, convicted felons are, under most circumstances, also prohibited from possessing any kind of firearm or ammunition, even those that are legally permitted in Illinois under other circumstances. The only exception is a situation in which a felon has successfully appealed for relief in court or with the Director of the Illinois State Police.
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