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Recent Blog Posts
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.
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:
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
What Is the Difference Between Assault and Battery in Illinois?
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:
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.
What Are DUI Checkpoints and How Does Illinois Use Them?
Like most other states in the U.S., Illinois allows law enforcement agencies to set up DUI checkpoints, where officers can stop passing vehicles to look for signs that the driver may be under the influence of drugs or alcohol. Twelve states prohibit checkpoints, saying that they violate the drivers’ constitutional rights by stopping them without having to establish reasonable suspicion. Absent a change in Illinois’ law, you need to understand what a DUI checkpoint is and what your rights are when approaching one.
How Do DUI Checkpoints Work?
Normally, a police officer can stop a vehicle only if they have reasonable suspicion that the driver is violating the law or the driver shows signs of being a danger to him or herself or others. If an officer stopped a vehicle without a valid reason, any criminal evidence that they found would be inadmissible in the case. With a DUI checkpoint – sometimes called a sobriety checkpoint – officers set up a roadblock at a predetermined location and are allowed to stop any driver who passes through. DUI checkpoints are most common during times of the year such as holiday weekends when people are more likely to be drinking and traveling. Law enforcement departments will often publicize when they will have DUI checkpoints in order to discourage people from drunk driving.
Potential Defenses When Accused of Retail Theft
December is the busiest time of the year for retail stores when many holiday shoppers are purchasing gifts. Store owners know that there is also an increase in retail theft during the holiday season. Stores will be on high alert for potential shoplifters, who may be enticed by the volume of merchandise on display. In their attempts to prevent shoplifting, store employees will sometimes falsely accuse a customer of retail theft. Depending on the seriousness of the alleged theft, the store may contact the police, who will decide whether to arrest you and charge you with retail theft. There are several ways to refute a retail theft charge, one of which may apply to your case:
- You Did Not Intend to Steal the Item: Shoppers will sometimes have mental lapses and walk out of a store carrying an item before they pay for it. This explanation is particularly believable during the holidays, when you may be in a rush and preoccupied with thinking about other errands. To be guilty of retail theft, you must have intended to steal the item from the store. The court will consider details of your case, such as whether you were attempting to conceal the item and your immediate reaction to being stopped.
How Illinois’ Points System Factors into Driver’s License Suspensions
You may have heard about the points system that Illinois uses for people who commit moving traffic violations. Each violation counts for a certain number of points that will go on your driving record. You could receive as few as five points for traveling 10 miles per hour or less over the speed limit. You could also receive as many as 55 points for a reckless driving conviction. There is a common misconception that Illinois will suspend your driver’s license once your points surpass a limit. The number of traffic tickets you receive in a 12-month period triggers a driver’s license suspension. The points system, along with your previous record of suspensions, is used to determine how long your suspension will last.
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