Posted on March 23, 2022 in Uncategorized

There are multiple reasons why people may carry guns, knives, pepper spray, or other items that are considered weapons. These weapons are often used to ensure that a person has the proper protection and will be able to defend themselves when necessary, although they may also be used for hunting or other purposes. Unfortunately, many people do not realize that they may be in violation of the law when carrying or using certain types of weapons. For those who are facing weapons charges for the offense of unlawful use of weapons, it is important to understand the potential consequences of a conviction.

What Is Unlawful Use of Weapons?

In Illinois, gun owners are allowed to possess firearms if they have a valid Firearm Owners Identification (FOID) card, and they may carry or transport firearms that are unloaded and kept in a box or container. Those who have a valid Concealed Carry permit may carry a loaded firearm on their person or in their vehicle. However, if a person possesses or carries a firearm without a valid FOID card and/or Concealed Carry permit, they may be charged with Unlawful Use of Weapons (UUW).

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 Posted on March 18, 2022 in Uncategorized

As an Illinois parent, you may wonder what responsibility you have if your teenage children and their friends are drinking alcohol at your home. You may have even heard of some parents thinking it is safer to host and supervise a party than take the chance that their teens are sneaking around. Under Illinois law, if you allow or encourage the drinking of alcohol by minors, you can be held civilly and criminally liable for any injuries and deaths that result.

Civil liability was most recently clarified in 2004, under the Drug or Alcohol Impaired Minor Responsibility Act. This Act allows the victim or the victim's family to bring a civil lawsuit against the person who supplied alcohol or illegal drugs to a minor. The person bringing the lawsuit can be awarded economic damages including medical expenses, non-economic damages including pain and suffering, punitive damages, and other expenses. Depending on the circumstances of the case, this could include injuries suffered on your property as well as liability for motor vehicle accidents that occur because of underage drinking.

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 Posted on March 08, 2022 in Uncategorized

There are many different situations in which a person may face criminal charges based on accusations that they have caused harm to others. If a person has been accused of physically attacking or threatening someone else, he or she may face charges of assault. The specific offenses that may apply will depend on the circumstances involved in a case, and the penalties of a conviction can vary significantly. Those involved in these situations will need to understand how the laws apply to them, and they can work with an attorney to determine their best options for defending against these charges.

Illinois Assault and Battery Charges

In Illinois, charges involving the threat of injury or the infliction of bodily harm will generally be divided into two categories (assault and battery) that may be charged together or separately. Battery involves actually causing bodily harm, such as by striking someone hard enough to break the skin or cause bruises, concussions, or fractures. The charge of battery may also apply in situations where a person made physical contact without inflicting injuries if the contact could be considered to be “insulting or provoking,” such as poking someone in the chest or slapping them in the face. Assault charges may apply in situations where a person acted in a way that caused someone to reasonably believe that he or she will suffer battery, such as verbal threats of violence.

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 Posted on March 02, 2022 in Uncategorized

It is likely that at some point during their life, everyone will receive a traffic ticket of some sort. There are a multitude of laws that apply to drivers, and it can be easy to make a mistake that is considered a traffic violation. These violations can range in severity from a basic charge of exceeding the speed limit to more serious offenses such as reckless driving. While a single violation may not be especially serious, and a person may simply be required to pay a fine, multiple violations could potentially lead to the suspension of a person’s driver’s license. By understanding when these types of suspensions may occur, drivers can determine the steps they will need to take to avoid the loss of their driving privileges.

Understanding the Illinois Driver’s License Point System

As is true in many states, Illinois uses a system in which traffic violations will result in points being added to a driver’s record. If a person receives three or more traffic violations within one year, their license may be suspended, and the length of the suspension will depend on the number of points they have accumulated.

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 Posted on February 23, 2022 in Uncategorized

Since 2020, people in Illinois have been able to legally use marijuana for both medical and recreational purposes. The state’s laws allow adults (21 years old and up) to possess a certain amount of marijuana, and cannabis and cannabis products can be legally purchased at licensed dispensaries. However, there are still some situations where people may face criminal charges for marijuana possession. By understanding the applicable laws, people charged with marijuana-related offenses can determine their rights and their options for defense.

Unlawful Cannabis Possession in Illinois

Residents of Illinois who are over the age of 21 can possess up to 30 grams of cannabis plants, five grams of concentrated cannabis, or products infused with cannabis containing 500 milligrams of THC (the psychoactive chemical in marijuana). People who do not reside in Illinois may enter the state and purchase and possess marijuana, although they are limited to possessing 15 grams of cannabis plants, 2.5 grams of cannabis concentrates, and 250 milligrams of THC. Possession of marijuana in excess of the legal limits may result in criminal charges. Possession of over 30 grams of cannabis is a Class A misdemeanor that may result in a prison sentence of up to one year. Possession of over 100 grams is a Class 4 felony that may result in a sentence of between one and three years in prison. Possession of larger amounts may result in more serious felony charges, and in these cases, a person may be charged with possession with intent to deliver, which may result in more severe consequences.

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 Posted on February 09, 2022 in Uncategorized

In many cases involving allegations of domestic violence or abuse, a judge may choose to issue an order of protection. These orders, which are commonly known as restraining orders, may place a number of restrictions on a person, including preventing them from contacting family members covered in an order. If an order of protection has been issued against you, it is important to understand the requirements that you will need to follow and the potential charges you may face if you violate the terms of the order.

Restrictions and Requirements in an Order of Protection

A judge may determine that an order of protection is appropriate based on claims that a person has committed domestic violence or other forms of abuse toward members of their family or people in their household. An alleged victim of abuse may request an emergency order of protection, and a hearing may be held without the alleged abuser being present. If an emergency order is issued, it will go into effect immediately, and it will usually be valid for 21 days. The person who is subject to the order will be notified, and a hearing will be scheduled to determine whether a long-term order of protection will be necessary.

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 Posted on February 08, 2022 in Uncategorized

What Is an MDDP?

After a first-time DUI arrest, a person will usually be eligible for a permit that will allow them to drive, as long as they use a breath alcohol ignition interlock device (BAIID). This device is a portable breathalyzer that will be installed in a person’s vehicle. Before starting the vehicle, the driver will be required to breathe into the device, and the car will not start if their blood alcohol content (BAC) is above a certain limit. Drivers will also be required to provide breath samples at certain intervals while driving. A device will take a picture of the driver when they are providing a sample to ensure that the driver is the person being tested. A BAIID will be required on any vehicle the person drives during their period of license suspension.

First-time DUI offenders may apply to receive an MDDP, which will allow them to drive without any limitations during their period of license suspension, as long as they use a BAIID. A person must meet the following requirements to qualify for an MDDP

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 Posted on March 15, 2020 in Uncategorized

It is all too easy in Illinois to find yourself facing a felony theft charge. The following types of theft are felony crimes:

• Any theft over $500 in value. (A simple theft of $500 or less is a Class A misdemeanor);
• A theft of any value committed in a school or place or worship;
• A theft of government property of any value;
• A theft by deception of any value, wherein the offender obtains a rent payment or security deposit by posing as a landlord or landlord’s employee;
• A theft of any value if you have a previous conviction for theft; and
• Possession of stolen goods with knowledge or reason to believe the goods were stolen.

Penalties for Felony Theft in Illinois

Depending on the value of the stolen goods, you could be facing from one year to decades in prison. While probation is a possible sentence in lieu of prison in most cases, a theft of property valued at over $500,000 is a non-probationable felony.

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 Posted on March 06, 2020 in Uncategorized

Many parents do not want to believe that their child has done something wrong, let alone committed a crime. According to crime statistics published by the FBI, there were 481,006 juvenile offenders in 2016 across the United States. Juvenile crime is at the lowest it has been in years, but it still is an area of concern. Juvenile cases can be more complicated than adult cases because of the consideration that the offenders are young and have the potential to be reformed.

Juvenile Court Vs. Adult Court

The first consideration that courts must make when juveniles are accused of committing a crime is whether or not the offender should be tried in juvenile court or adult court. Offenders who are under the age of 18 and have the potential for reform and making better decisions will likely be tried in juvenile court. Some crimes, such as murder, will automatically move to adult court if the offender is over the age of 13.

Juvenile Crime

Juveniles are more likely to commit certain types of crime than others. The FBI runs the National Incident-Based Reporting System (NIBRS), which captures the details of certain crimes and provides crime statistics to the public. The NIBRS also breaks down the crime incidents into age categories, one of which includes juveniles. In 2016, the top juvenile crimes were:

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 Posted on February 28, 2020 in Uncategorized

If you drive a lot, odds are you have been stopped for a traffic violation at least once. Illinois law enforcement agencies made 2.3 million traffic stops in 2017, affecting more than one-fourth of the state’s population of 8.5 million licensed drivers (although certainly some stops would have involved non-residents).

About two-thirds of all Illinois traffic stops were for moving violations, with the remainder related to mechanical or vehicle registration issues. Luckily for the drivers, only about 40 percent of all traffic stops resulted in a ticket.

However, if you are one of those 40 percent who get a ticket, the penalties may be much higher than you anticipated. Most people think of speeding, for example, as a very minor offense, with a $140 fine at most. But many drivers are still not aware of a change in Illinois law that took effect in January 2014 which significantly increased the penalties for some speeding tickets.

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