Posted on May 31, 2020 in 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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 Posted on April 30, 2020 in Criminal Law

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

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 Posted on March 31, 2020 in Assault

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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 Posted on February 23, 2020 in Weapons Charges

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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 Posted on January 13, 2020 in DUI

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.

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 Posted on December 14, 2019 in 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:

1. 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.

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 Posted on November 20, 2019 in Traffic Violations

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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 Posted on October 24, 2019 in Criminal Law

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:

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 Posted on September 21, 2019 in Burglary

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:

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 Posted on August 17, 2019 in Sex Crimes

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:

1. 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.

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