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How Can Multiple DUI Offenses Affect My Sentence in Illinois?

 Posted on November 10, 2020 in DUI

Oakbrook Terrace criminal defense attorney DUI

Drunk driving poses a severe danger in Illinois, accounting for more than 25 percent of all fatal car accidents and over 1,000 annual deaths. For this reason, the state treats driving under the influence (DUI) as a serious crime, especially for repeat offenders. If you have been arrested for DUI and you have a prior conviction on your record, you can face severe penalties. Therefore, it is more important than ever that you have a qualified criminal defense attorney who can help you protect your rights.

Penalties for Multiple DUI Convictions

In Illinois, a driver can be charged with DUI based on blood alcohol content (BAC) test results that show a BAC above 0.08 percent, or based on other evidence of the driver’s impairment. Penalties are relatively minor for a first DUI conviction, as long as no one was injured or killed and there was no passenger under the age of 16 in the vehicle at the time. A first offense is a Class A misdemeanor, which may result in imprisonment of up to one year and fines up to $2,500, along with a driver’s license revocation for one year.

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Common Misconceptions About Armed Robbery in Illinois

 Posted on October 07, 2020 in Criminal Law

Oakbrook Terrace criminal defense attorney armed robbery

Taking someone’s property unlawfully can result in criminal charges under a variety of circumstances in Illinois, but armed robbery is the most serious form. If you or someone you know has been charged with this crime, the penalties can be severe, and they may catch you off guard if you are not familiar with Illinois law. An experienced criminal defense attorney can help you understand the charges you are facing and your best options for a successful defense.

The Facts About Illinois Armed Robbery

Illinois laws regarding property crimes can be complicated, and it is important to know how they may affect your case. Some aspects of armed robbery law may be different from what you would expect. For example:

  • Robbery is different from theft and burglary. Robbery is specifically defined as the taking of property from a person with the use or threat of force. Because of the direct harm it may cause the victim, it is often treated more seriously than burglary, which involves unlawful entry into a building or vehicle, or theft, which involves the stealing of property without trespassing or force.

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How Can a Juvenile Record Affect Me as an Adult in Illinois?

 Posted on September 28, 2020 in Criminal Law

How Can a Juvenile Record Affect Me as an Adult in Illinois?Making mistakes is part of growing up, and unfortunately, some of those mistakes can result in run-ins with the law. Judgments of juvenile delinquency, while typically not considered criminal convictions in Illinois, can still have consequences that last into your adult life. If you have a juvenile record, it is important to understand how those consequences can affect you, as well as what you may be able to do to avoid them through expungement.

Possible Consequences of an Illinois Juvenile Record

There is a wide range of potential consequences that come with a record of juvenile delinquency, including:

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How to Get Your Illinois Driver’s License Reinstated After DUI

 Posted on August 10, 2020 in DUI

How to Get Your Illinois Driver’s License Reinstated After DUIDrunk or impaired driving is a serious criminal offense in Illinois that endangers both the driver and anyone else on or near the road. In the interest of public safety, one of the penalties for driving under the influence (DUI) is the suspension or revocation of the driver’s license for a period of time. There are ways for arrested or convicted drivers to regain their driving privileges after completing their sentence, but in order for you to have your license reinstated, you must follow the necessary procedures under Illinois law.

Suspension Vs. Revocation in an Illinois DUI Arrest

If you are arrested for DUI in Illinois, you may have your license either suspended or revoked depending on the situation. Circumstances that lead to these consequences include:

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What Happens If I Am Subject to an Illinois Order of Protection or No Contact Order?

 Posted on July 31, 2020 in Criminal Law

What Happens If I Am Subject to an Illinois Order of Protection or No Contact Order?Domestic and sexual abuse are far too prevalent in the U.S. According to data from the National Coalition Against Domestic Violence, one in three women and one in four men are victims of physical violence by an intimate partner. These eye-opening numbers reveal that domestic violence or stalking victims are often targeted by loved ones. The state of Illinois has taken it upon itself to protect these victims, allowing them to take action against their stalkers or abusers. If you are facing such charges, whether they have substance or not, it is imperative that you are aware of the terms of any legal protections being taken against you. Failure to follow these terms could leave you with serious legal consequences in addition to current charges.

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What Are My Options to Clear My Criminal Record in Illinois?

 Posted on June 27, 2020 in Criminal Law

What Are My Options to Clear My Criminal Record in Illinois?No one wants to have a stain on their personal record, no matter how minor or serious the charge is. It is fairly common to have a minor offense on your record from earlier in life that was likely the result of a lapse in judgment. However, a bad choice you made in your 20s should not determine who you are now. All arrests and charges, even those that end with a finding of not guilty, are included in your criminal record. Illinois recognizes one’s ability to change and offers citizens a second chance by allowing them to clear their record. While not an option for all offenders, there are three ways to clear a criminal record, each of which has its own requirements and benefits.

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What Are Common Defenses When Charged with Burglary?

 Posted on May 31, 2020 in Burglary

What Are Common Defenses When Charged with Burglary?There are serious consequences for being accused of a burglary, which may follow you for the rest of your life. Being convicted for burglary in Illinois is often a Class 2 felony, punishable by three-to-seven years in prison and a fine of as much as $25,000. You could face additional charges if you are accused of being armed during the incident or invading a residence while the owners were still home. A felony conviction on your criminal record will make it more difficult to obtain employment and could increase the penalties you receive if you are ever convicted of another crime. With all of this in mind, it is important to contest a burglary charge so that you are either found “not guilty” or have the charge reduced. Here are a few common defense strategies in burglary cases:

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What Are the Penalties for Breaking the Stay-At-Home Order?

 Posted on April 30, 2020 in Criminal Law

What Are the Penalties for Breaking the Stay-At-Home Order?Illinois residents have been under a stay-at-home order since March in an attempt to slow the spread of COVID-19 outbreaks in the state. When the order was first announced, Illinois Gov. J.B. Pritzker said that the police departments did not have the manpower or the desire to enforce the order on an individual level. However, police officers have taken action against people who have violated the order. The Chicago Police Department reported that it issued 4,632 dispersal orders, wrote six citations, and arrested 17 people for violating the stay-at-home order in April. With the order continuing at least through the end of May, it is important to understand when a violation of the order could result in criminal consequences.

Stages of Enforcement

In enforcing the stay-at-home order, police have focused on breaking up large social gatherings and making sure that non-essential businesses remain closed to the public. They generally enforce the order in three stages:

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What Is the Difference Between Assault and Battery in Illinois?

 Posted on March 31, 2020 in Assault

Rolling Meadows assault defense attorney

The words “assault” and “battery” are often used together when discussing criminal charges – so much so that it is understandable if you do not know the difference between the two. You may think that both of them involve causing physical harm to another person, but you can assault a person without ever touching them. There can also be a difference between assault and battery when it comes to the level of charge. A battery charge is potentially more serious than if you are charged with assault.

Understanding Assault

Illinois defines assault as causing someone to reasonably believe that you may physically harm them. A conviction is a Class C misdemeanor, which can result in a fine of as much as $1,500 and either as long as 30 days in jail or 30 to 120 hours of community service. You can be charged with aggravated assault if you:

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What Does Unlawful Use of Weapons Mean in Illinois?

 Posted on February 23, 2020 in Weapons Charges

What Does Unlawful Use of Weapons Mean in Illinois?The term “unlawful use of weapons” is somewhat misleading. In Illinois, you do not have to be actively using the weapon in order to be charged with unlawful use. More often, people are arrested for possessing the weapon after a police officer has stopped them due to allegedly criminal or suspicious behavior. Actively using a weapon is a different criminal charge in Illinois, such as aggravated discharge of a firearm or armed violence. A charge of unlawful use of weapons can be a felony depending on the type of weapon you have, where you were found with it, and whether you have previous weapons charges.

Unlawful Use and Aggravated Unlawful Use

Illinois residents are allowed to carry certain weapons, such as a handgun, as long as they have a Firearm Owner Identification (FOID) card and a Concealed Carry License (CCL). However, there are some weapons that are illegal to possess, such as switchblades, machine guns, and explosives. It is also illegal to bring a weapon into many public places, including schools, government buildings, and places of worship. These violations are classified as unlawful use of weapons because there is often an assumption that the suspect intended to use the weapon.

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