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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 Posted on July 22,2019 in Theft

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:

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 Posted on June 13,2019 in Assault

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:

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 Posted on May 28,2019 in DUI

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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 Posted on April 13,2019 in Weapons Charges

Illinois’ concealed carry weapons law allows licensed gun owners to carry a gun for the purpose of self-protection. However, there is also a long list of places where guns are prohibited, even if you have a license to carry one. It is a criminal offense to knowingly possess a weapon when entering public properties such as schools, parks, and courthouses. In some cases, possessing a weapon within 1,000 feet of specified properties can be against the law. In the past year, Illinois courts have dismantled some of the concealed carry restrictions that were deemed to have violated people’s Second Amendment rights.

Recent Rulings

The Illinois Supreme Court made the first significant ruling when hearing the case of People v. Chairez in February 2018. In the case, the defendant petitioned to throw out his conviction for possessing a gun within 1,000 feet of a public park on the grounds that the law was unconstitutional. Both an Illinois circuit court and the Supreme Court agreed that the law put an undue burden on the defendant.

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 Posted on March 21,2019 in Traffic Violations

When a police officer pulls you over for a traffic stop, a million thoughts may be racing through your head – and none of them are good. The best thing you can do for yourself in this situation is to remain calm. The officer needed to have reasonable suspicion that you violated a law in order to stop you, but that suspicion is likely limited to a traffic violation. The officer will need more evidence in order to have probable cause to arrest you. Your job during a traffic stop is to behave reasonably and not provide information that may be used against you if you are charged with a crime.

Answering Questions

Allow the police officer to do most of the talking during the stop. It is his or her responsibility to explain the reason for your stop and bring up any suspicions that he or she may have. During your interaction with the officer, you should:

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