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Recent Blog Posts
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.
What You Need to Know About Recreational Marijuana in Illinois
On the first day of 2020, recreational marijuana will officially become legal in Illinois. While this is exciting news for some residents, it is important to know that the possession and use of marijuana will be heavily regulated. You cannot simply possess as much cannabis as you want or smoke it anywhere, though some of these violations will result in merely a fine. As with alcohol, it will still be illegal to drive under the influence of marijuana or to provide marijuana to someone under the age of 21. Here are the important facts you need to know before recreational marijuana becomes legal.
Possession
The amount of marijuana that you can possess will depend on its form, including:
The Differences Between Burglary, Residential Burglary, and Home Invasion
Burglary is a criminal charge that involves unauthorized access to a private property with the intent to commit a crime. People often associate burglary with theft, but the offender could also attempt to commit an assault or destroy property. Unauthorized access without criminal intent could be a lesser charge of criminal trespassing. It is also illegal to possess or sell burglary tools, even if you are not caught using them. There are three types of burglary charges in Illinois, all of which are felonies.
Burglary
The standard burglary charge is when someone knowingly enters private property without authority and with the intention of committing theft or a felony. The suspect may have broken into the property or remained inside without the owner’s permission. The criminal code states that properties may include:
Common Questions About Illinois’ Sex Offender Registry
A sex crime conviction in Illinois has severe punishments, such as a possible prison sentence and sizeable fines. However, the longest-lasting consequence is when you are required to register as a sex offender. While you are registered, you may be limited in where you can live, work and visit. Many people base their conceptions of sex offender registries on references in popular culture. Being a registered sex offender affects people in ways that you might not expect. Here are the answers to five common questions about the sex offender registry system:
- Which Offenses Require You to Register as a Sex Offender?: Violent sexual crimes and the sexual exploitation of minors are the offenses most often associated with registered sex offenders. Examples include rape, solicitation of a minor, and the possession of child pornography. You can also be required to register if you have been convicted of kidnapping a minor, allowing the abuse of a minor, or repeated indecent exposure offenses.
Different Levels of Theft Charges
Theft is a criminal charge that varies in punishment depending on the details of the offense. A conviction for theft can range from a misdemeanor to the highest level of a felony. Illinois law classifies its theft charges based on how much was stolen, how it was stolen, and where the theft took place. Facing a misdemeanor or felony charge could change how you contest the charge against you and whether you may be willing to plead guilty to a lesser charge.
Value of Theft
The lowest-level theft charge is a class A misdemeanor and is defined as theft of $500 or less and not from the owner’s person. A conviction could result in less than a year in prison and fines of no more than $2,500. Retail theft often falls in this category. A second theft conviction is a class 4 felony, punishable by one-to-three years in prison. Thefts that are greater than $500 are also felony offenses in Illinois:
How to Contest a Criminal Assault Charge
A criminal assault charge is often accompanied by a battery charge. Assault is the non-physical act of threatening someone to the point that they fear for their safety, while battery is actually using violence against that person. You can be charged with assault alone if the alleged victim accuses you of threatening harm without the incident resulting in physical contact. If you have been charged with assault, you should remember that the prosecution bears the burden of proving that a crime occurred. By examining details of your case, a criminal defense attorney can identify weaknesses in the prosecution’s argument against you.
Reasonable Belief
To establish that an assault occurred, the prosecution must show that you intentionally acted in a manner that caused the victim to reasonably believe that he or she was at risk of immediate physical violence. The prosecution will need to describe how your language or physical gestures established a threat of violence. There are several ways that you can dispute that an assault actually occurred, such as claiming:
Should You Refuse a DUI Breath or Blood Test?
Drivers who are stopped on suspicion of driving under the influence often face a difficult decision when a police officer asks them to submit to chemical testing. Providing a breath or blood sample could give evidence that your blood alcohol concentration is above the legal limit or that you have an illegal drug in your body. However, refusing the test will result in the suspension of your driver’s license and will not prevent prosecutors from charging you with DUI. Though there are consequences for refusal, preventing chemical testing could make it more difficult to prove that you are guilty of DUI.
Implied Consent
According to the implied consent law, Illinois drivers have already consented to chemical testing for DUI when they are driving or have actual physical control of a vehicle. If you refuse chemical testing, the police will notify the Illinois Secretary of State’s office, which will suspend your driver’s license for a year. In contrast, failing a DUI test results in a six-month license suspension, though a DUI conviction would come with worse consequences. A summary suspension is an administrative action that is separate from criminal charges. Your license can be suspended even if you are never charged with or convicted for DUI.
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