If you have picked up any newspaper or turned on cable news in the past few days, you have likely heard that actor/comedian Bill Cosby was released from prison this week after the Pennsylvania Supreme Court overturned his 2018 sexual assault conviction. In its decision, the court wrote that Cosby’s due process rights were violated. While many legal scholars have agreed that the court made the right decision, many people across the country, including Cosby’s accusers, are outraged by the decision and Cosby’s freedom.

The Case

In 2018, a Pennsylvania jury found Cosby guilty of drugging and sexually assaulting a victim in his home in 2004. In 2005, the victim went to the police about the assault, but no criminal charges were pressed. The following year, the victim and Cosby reached a $3.4 million settlement in a civil lawsuit.

Several years after the settlement agreement, the Associated Press (AP) sued and won to have Cosby's depositions in the civil case unsealed. There were also dozens of women who came forward, alleging that Cosby drugged and raped them, too. New prosecutors were interested in bringing criminal charges against the actor; however, the only case that fell within the statute of limitations was the victim from the 2004 incident.

It should come as no surprise that taking property that does not lawfully belong to you is a criminal offense, and in Illinois, you could face misdemeanor or felony theft charges depending on the circumstances. However, you may be unaware that simply having stolen property in your possession can also be a crime, even if you are not the person who originally stole it. It can come as a shock to be charged with possession of stolen property, especially if you were not aware that it was stolen. In these cases, you should work with an attorney who can help you present a strong defense to the charges you are facing.

Illinois Law Regarding Possession of Stolen Property

The Illinois Criminal Code defines several different actions that are considered criminal theft. Most of them involve actively seizing another person’s property, whether by threat, force, deception, or without the person’s knowledge. However, state law also makes it a crime to “obtain control over stolen property” if the recipient knows that it is stolen or should reasonably be aware that it is stolen.

This means you could be charged if someone tells you they stole something and gives it to you or asks you to hold onto it, but you could also be charged even if you were not told directly that the property was stolen. If you are sold property at a price that seems too good to be true, or if someone tries to sell you a car without title documentation, for example, you could be held responsible for failing to recognize the suspicious nature of the transaction.

Over the last year, the use of no-knock search warrants in criminal cases has come under increased scrutiny due to the risk of harm to innocent and vulnerable people who may be on the property. In fact, many cities and police departments have started to ban the practice outright. However, the State of Illinois still allows no-knock warrants under some circumstances, and if your property is subject to a warrant, it is crucial that you understand your rights.

When Can a Search Warrant Be Issued in Illinois?

The Fourth Amendment in the U.S. Bill of Rights provides protection from unreasonable search and seizure, meaning that law enforcement cannot simply search a person’s property on a whim. In most cases, officers will first need to obtain a search warrant, and in order to do so, they must demonstrate that there is probable cause to believe that evidence of a crime will be found on the property. Warrants are often used in cases involving drug possession and distribution, illegal weapons possession, stolen property, and kidnapping, among others.

Usually, before executing a warrant, police are required to attempt to make their presence known to occupants of the property by knocking and announcing themselves. However, a no-knock warrant is an exception to this rule. In order to obtain a no-knock search warrant in Illinois, officers must demonstrate that giving notice would make it likely that an occupant would either destroy evidence or use a weapon against an officer or someone else on the property.

In Illinois and throughout the U.S., people have the constitutional right to bear arms. However, that does not mean the possession of firearms and other weapons is unregulated. Illinois prohibits the possession of certain kinds of weapons outright and requires gun owners to obtain a Firearm Owners ID card (FOID) in order to be in compliance with state law. If you have been convicted of a felony in Illinois or another state, your FOID can be revoked, and future applications for an FOID can be denied. You may also face serious criminal penalties if you are found to be in unlawful possession of a weapon with a previous felony conviction on your record.

What Types of Weapons Are Prohibited for Convicted Felons?

As with all people in the State of Illinois, convicted felons are prohibited from knowingly possessing certain kinds of dangerous weapons under any circumstances, including bludgeons, metal knuckles, throwing stars, and switchblades. However, convicted felons are, under most circumstances, also prohibited from possessing any kind of firearm or ammunition, even those that are legally permitted in Illinois under other circumstances. The only exception is a situation in which a felon has successfully appealed for relief in court or with the Director of the Illinois State Police.

Consequences for a Felon’s Unlawful Possession of a Weapon 

The basic sentence for unlawful possession of a weapon by a felon in Illinois is a Class 3 felony, which can include between 2 and 10 years in prison. For repeat offenses, the sentence increases to a Class 2 felony, and the length of imprisonment increases to between 3 and 14 years. However, under certain circumstances, a first offense can be charged as a Class 2 felony. This includes cases in which the offender’s prior conviction was for:

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:

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.

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.

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:

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.

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:

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

There is a wide range of potential consequences that come with a record of juvenile delinquency, including:

• Public Access to Records: If your juvenile offense involves first-degree murder, sexual assault, gang-related activity, or certain drug and firearm charges, your record may be accessible to the public.
• College Enrollment and Military Enlistment: You may be required to disclose judgments of delinquency when applying for college or enlisting in the military, which can affect your acceptance or eligibility.
• Employment Opportunities: Law enforcement agencies, correctional facilities, prosecutor’s offices, and fire departments may consider a juvenile record in the decision to hire an employee.
• Registration as a Sex Offender: For actions that would be considered a criminal sex offense for an adult, juveniles must register as sex offenders in Illinois.
• Collection of DNA: If your judgment of juvenile delinquency was for a sex offense or the equivalent of a felony, you will be required to submit a DNA sample, which is stored in a database along with DNA from adult offenders.
• License to Carry a Firearm: You may be denied a Firearm Owner’s Identification Card or have yours revoked if you have a judgment of delinquency for an offense that would be considered a felony for an adult.
• Admission in Adult Criminal Proceedings: Judgments of juvenile delinquency can be admitted in criminal court if you face charges as an adult, and they may affect the severity of your sentence or your eligibility for certain second-chance programs.

Having Your Juvenile Record Expunged in Illinois

The good news is that is possible to petition for the expungement of many juvenile records. Upon your 18th birthday or the end of any juvenile court proceedings against you, you may be eligible to expunge records of arrests and charges if:

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

If you are arrested for DUI in Illinois, you may have your license either suspended or revoked depending on the situation. Circumstances that lead to these consequences include:

• Refusing to submit to a chemical test. If you are stopped under suspicion of DUI and refuse to submit to the officer’s blood alcohol content (BAC) or THC test, you can face a statutory summary suspension of your driver’s license for up to 12 months. This suspension is enforceable even if you are not ultimately convicted.
• Testing above the legal limit. If you do not have a prior DUI conviction and you submit to the officer’s chemical test and are found to have a BAC above 0.08 or a THC blood level of over 5 nanograms per milliliter, you can face a summary suspension of your license for up to six months. Repeat offenses can result in longer suspensions.
• Being convicted of DUI. If after a trial verdict or plea bargain you are found guilty of DUI and convicted, your license can be revoked for at least one year. The revocation period may be longer for repeat offenses or offenses with aggravating circumstances.

Completing the Reinstatement Process

The process of getting your license reinstated is different depending on whether it was suspended or revoked. For reinstatement after the conclusion of a summary suspension, you need only ensure that your license is not subject to any other suspensions or revocations and send a reinstatement fee of $250 to the office of the Illinois Secretary of State. This fee increases to $500 for repeat offenders.

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.

Stalking No Contact Order

Stalking is defined as conduct that causes a person to fear for his or her safety or to suffer emotional distress. This can occur through physical or digital means. A violation of a no contact order is a Class A misdemeanor, with additional violations elevating the charge to a Class 4 felony. The following terms can be included in this order:

• Forbidding further stalking or threats of stalking
• Forbidding contact with the victim and labeling certain locations as off-limits to the stalker
• Prohibiting the stalker from having a valid FOID card and owning a gun

Civil No Contact Order

Victims of nonconsensual sexual conduct or penetration can file for a civil no contact order to protect themselves, their friends and family members, and any rape crisis center employees. Violating this order is a Class A misdemeanor or Class 4 felony for subsequent violations. A judge can include the following terms in a sexual assault civil no contact order:

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.

Expungement

If you would like your criminal record cleared, expunging the charges is the best way to accomplish this. If you meet all the qualifications and are approved by the court, the expungement will erase all arrests and court supervisions from your record, as if none of them ever happened. Anyone whose charges did not end in conviction, including orders of court supervision and special probation, can apply to have their records expunged but may have to wait years after the end of their supervision or probation before they are eligible. Illinois is unable to erase your record from federal and out-of-state charges.

Sealing

Most criminal convictions in Illinois are ineligible for expungement but can be sealed. While expunging your record completely erases the charges and arrests, sealing your records keeps them from the public eye. Because all criminal records are accessible to the public, sealing them can provide you with more privacy. Having your records sealed does not keep them a secret from everyone — law enforcement agencies and employers will still have access to these records. However, sealed misdemeanor convictions will not be visible to employers unless they are a law enforcement agency.

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:

1. You Had the Owner’s Consent to Enter the Property: Part of the definition of burglary is the unauthorized entry into someone’s property. If the property owner had previously allowed you onto their property, you can argue that you had the owner’s consent to enter. Even if the owner argues that they did not consent, you may be able to defend your actions if you can prove that you could have reasonably believed that you were authorized to be on the property.
2. You Did Not Intend to Commit Burglary: A burglary charge also requires the prosecution to prove that you intended to commit a crime after entering a property. Unauthorized entry without the intent to commit a crime is trespassing, which is a lesser charge. You may have lacked criminal intent if you mistakenly entered the property or were intoxicated at the time of the incident.
3. You Were Wrongly Identified as Being the Culprit: A court will not convict you for burglary if there is insufficient evidence to prove that you committed the crime. It may be that you never entered the property or were somewhere else at the time of the alleged burglary. You can cast doubt on the accuracy of the prosecution’s evidence and explain where you were and what you were doing at the time.

Contact a Rolling Meadows Criminal Defense Attorney

A burglary conviction requires proving both breaking and entering and the intention to commit a crime. There are several ways that you can pick apart the prosecution’s evidence and strengthen your case. An Oakbrook Terrace, Illinois, criminal defense lawyer at Hartsfield Law knows which strategies are most successful in defeating a burglary charge. To schedule a free consultation, call 312-345-1700.

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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

In enforcing the stay-at-home order, police have focused on breaking up large social gatherings and making sure that non-essential businesses remain closed to the public. They generally enforce the order in three stages:

• People who are violating the order will receive a verbal warning to disperse and a reminder of the order’s requirements.
• If a person violates the order again, police will deem that person to be deliberately violating the order and issue a citation that includes a fine.
• Continued violations after the citation may lead to the person being arrested and charged for failing to obey a dispersal order after repeated requests.

The amount of the fine may vary depending on the municipality. In Chicago, a citation for violating the order costs $500. A criminal charge related to violating the order is a misdemeanor, which often does not include mandatory jail time.

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:

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.

A charge of aggravated unlawful use of weapons occurs when there are other elements to the offense, such as:

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.

What Are Your Rights?

If you are approaching a DUI checkpoint, it is important to remain calm. You have several rights you can exercise before you reach the point when police may arrest you for driving under the influence:

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.
2. The Cashier Made a Mistake: Cashiers will sometimes overlook items at check out, putting the item in your bag but forgetting to ring it up. If you are caught leaving the store with the unpaid item, you need to explain that you did not know that the item was unpaid for. It may end up being your word against the cashier’s word. If store security determines that the cashier was at fault, they will still want to confirm that the cashier was not working with you to commit retail theft.
3. The Store Mislabeled the Item: Retail theft in Illinois includes when a customer changes the price tag on an item in an attempt to lower the price. However, the prosecution must prove that you altered the price tag. It is possible that the store put the wrong tag on the item or forgot to remove an old tag.

Contact a Chicago Criminal Defense Attorney

Retail stores will rush to judgment when they believe they have caught someone trying to steal from them. Fortunately, it is the justice system, and not store owners, that will decide whether the incident is worthy of a criminal charge. If you are charged, an Oakbrook Terrance, Illinois, criminal defense lawyer at Hartsfield Law can contest the allegations brought against you. Schedule a free consultation by calling 312-345-1700.

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