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Recent Blog Posts
When Is DUI Considered a Felony in Illinois?
Driving under the influence of alcohol or drugs seriously endangers both the driver and other people on the road, and as such, it is treated as a serious offense under Illinois law. Depending on the circumstances, a first-time DUI offender may be fortunate to receive only a one-year driver’s license revocation and court supervision, but a misdemeanor conviction with fines and jail time is also possible. Additionally, certain aggravating factors can mean that even a first offense is charged as a felony. If you are facing charges of aggravated DUI, you need an attorney who can help you understand and protect your rights.
Illinois Aggravated DUI Offenses
In Illinois, a variety of actions can constitute an aggravated DUI offense, regardless of whether the offender has any prior DUI convictions. Some examples include:
Can I Be Arrested for Speeding in Illinois?
While no one is happy to receive a speeding ticket, many people view them as a nuisance at worst, possibly meaning that they have to pay a fine or make an appearance in traffic court. However, in Illinois, the consequences for speeding can be significantly more severe depending on the circumstances. If you are charged with aggravated speeding, you can be arrested, and you may face a criminal conviction and the accompanying sentence.
What Qualifies as Aggravated Speeding in Illinois?
A person can be ticketed for speeding in Illinois if they exceed the posted speed limit by any amount, but in most cases, doing so is considered a petty offense. However, when a driver exceeds the speed limit by more than 25 miles per hour, the offense becomes a criminal misdemeanor known as aggravated speeding. Driving at a speed of 26 to 34 miles per hour above the speed limit is a Class B misdemeanor, and a conviction can result in a sentence of up to six months in jail and up to $1,500 in fines. At a speed of 35 miles per hour or more above the speed limit, a driver can face Class A misdemeanor charges, with a possible sentence of up to one year in jail and fines up to $2,500.
Can I Still Face Criminal Charges Related to Marijuana in Illinois?
Few substances have been the subject of as much confusion and controversy as cannabis. Some tout the drug as a useful medication while others see cannabis as a dangerous “gateway drug.” Adding to the general confusion about marijuana is the fact that, despite being fully legalized in 15 U.S. states, the drug is still classified as an illicit controlled substance under federal law. The recreational use of marijuana in Illinois became legal on January 1, 2020. However, the possession, sale, cultivation, and consumption of cannabis are still regulated by Illinois law. It is therefore possible to face serious criminal charges related to marijuana in Illinois.
Important Restrictions on Cannabis Use in Illinois
For a little over a year now, the recreational use of marijuana has been legal in Illinois. Individuals 21 years or older may purchase up to 30 grams of cannabis flower or 5 grams of cannabis concentrate. However, it is unlawful to consume cannabis on school property or in government buildings, parks, public transportation, and where smoking is already banned under the Smoke Free Illinois Act.
How Can a Deadly Weapon Affect Assault Charges in Illinois?
Under Illinois law, the crime of assault is defined as “knowingly engag[ing] in conduct which places another in reasonable apprehension of receiving a battery,” or in other words, threatening a person with physical harm. Assault is generally treated as a less serious offense than battery, which is the actual act of physically harming another person. However, if the assault involves the use of a deadly weapon, it may result in more significant consequences. If you have been accused of assault, your attorney can help you protect your rights and understand the extent of the criminal charges you may face.
Aggravated Assault With a Deadly Weapon
In Illinois, simple assault is a Class C misdemeanor, with possible penalties including up to 30 days of imprisonment and fines between $75 and $1,500. However, a variety of factors can increase the charges to aggravated assault, and many of these factors involve the use of a deadly weapon. For example, threatening harm to someone while brandishing a weapon such as a firearm, knife, or another object capable of deadly force, is considered a Class A misdemeanor, with a maximum imprisonment sentence of one year. Other forms of assault with a deadly weapon can be charged as a felony, including:
How Can Multiple DUI Offenses Affect My Sentence in Illinois?
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.
Common Misconceptions About Armed Robbery in Illinois
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:
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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.
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
How to Get Your Illinois Driver’s License Reinstated After DUI
Drunk 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
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.
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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