Posted on February 04, 2019 in Uncategorized

Most of us know the legal ramifications of a DUI - you will be facing multiple fines, a driver’s license revocation, and possible jail time. Being charged with a DUI can land you in a world of legal trouble that can be hard to escape. As if that were not enough, being convicted, charged or even just arrested for a DUI, you will probably notice changes in other areas of your life, too. Here are few ways a DUI charge or conviction can affect your life:

Your Freedom Will be Limited

One of the most well known ways that a DUI arrest will affect you is by having your license suspended. Even though you can apply for driving permits that allow you to drive during your summary suspension, those permits can be restricting and you must be eligible to receive them. You are only eligible for a monitoring device driving permit (MDDP) if you are a first-time DUI offender and your offense did not involve a fatality or great bodily harm. A restricted driving permit (RDP) is required for all other DUI offenses including DUI revocations, meaning you can only drive on the basis of your particular permit and you will be likely required to prove that a hardship exists for you if you are not able to drive.

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 Posted on February 01, 2019 in Uncategorized

Will County drug traffickers took a hit in August 2018 when a joint federal and state task force arrested nine individuals. Seven will face federal charges for possession of controlled substances with intent to distribute while the other two will face state drug charges.

Local law enforcement officers supported by the FBI seized roughly three kilograms of cocaine, which has a street value of approximately $300,000, and about 60 grams of heroin that would sell on the street for around $12,000, along with vehicles, cash, and firearms. For perspective, Illinois law calls for a sentence of 15 to 60 years in prison for cocaine possession over 900 grams, while the heroin possession qualifies for a sentence of 4 to 15 years.

Eight of the nine accused were living in Joliet with the ninth residing in Aurora. Their ages ranged from 38 to 67 years old. One of the key players in this drug ring is said to be associated with the Black Gangster Disciples, a gang reported to have anywhere from 25,000 to 50,000 members across 110 cities in 31 states. Had this individual been charged under Illinois state law, he could have been found guilty of “street gang criminal drug conspiracy” which is a Class X felony.

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 Posted on January 31, 2019 in Uncategorized

Contrary to what some people believe, driving is a privilege, not a right. This means that the state that issued your driver’s license has the right to take it away if necessary. There are many situations that can cause you to lose your license in Illinois, but one of the most common reasons people lose their license is as the result of DUI. If your license has been suspended or revoked due to a DUI charge, you have to attend an administrative hearing conducted by the Office of the Illinois Secretary of State to reinstate your driver’s license. These hearings can be formal or informal, but your specific circumstances will determine which type of hearing you must attend.

Informal Hearing

An informal hearing is obviously the more relaxed of the two and the preferential choice when it comes to driver’s license reinstatements, but only certain people are eligible for informal hearings. You can only attend an informal hearing to reinstate your driving privileges if:

• Your DUI charge did not involve a fatality;

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 Posted on January 30, 2019 in Uncategorized

At what point does thoughtless, obnoxious behavior cross the line to become a crime of telephone or electronic harassment? Consider the following situations:

• A person makes repeated phone calls to another with the intent to harass them, whether the calls involve any conversation, just hanging up, making abusive or threatening statements, or making obscene comments or suggestions.
• A student in the midst of a heated online game battle with other students sends out a text message saying, “We are so going to kill you!”
• A person sends an email to a victim that threatens to beat them up.
• A person sends a “sext” message or email which includes an obscene image or makes an obscene proposal.

Harassing and Obscene Communications

All of the above actions can constitute harassing and obscene communications, which are prohibited by Illinois law. This law defines “harassing” as conduct that would cause a reasonable person emotional distress and does cause emotional distress to the victim. A first violation of this statute is a Class B misdemeanor, while a second or subsequent offense is a Class A misdemeanor with a minimum punishment of either 14 days in jail or 240 hours of community service.

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 Posted on January 29, 2019 in Uncategorized

If you have watched police shows or movies, you probably know that you have the right to remain silent if and when you are ever arrested, right? In fact, the officer who arrests you must remind you of that right—as well as a few others—immediately upon taking you custody. While you do have the right to remain silent—as well as a few other rights—many people assume that they know the law when it comes to their Miranda rights. They, however, are often wrong. If you were arrested on the suspicion that you committed a crime but were never read your rights, it is important to understand your available options.

Your Miranda Rights

The series of statements and questions that comprise the “Miranda Rights” are often and more accurately known as the “Miranda Warnings.” Most police departments use the same or very similar wording. There are two specific rights addressed and explained:

• You have the right to remain silent. Anything you say can and will be used against you in a court of law.

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 Posted on January 28, 2019 in Uncategorized

The Fourth Amendment to the U.S. Constitution guarantees the right of all citizens to be free from unreasonable searches and seizures. When the Fourth Amendment is referenced in a criminal case, it is often used to challenge the legality of a police search of a person’s property or the seizure of evidence found during such a search.

What you may not realize, however, is that a traffic stop is considered a seizure for the purposes of the Fourth Amendment. This means that a police officer can only initiate a traffic stop when there is a justifiable legal reason for doing so. A recent case from McLean County, Illinois shows how important it is for the police to avoid making unreasonable stops.

The Undisputed Facts

In July 2017, a man was driving on Hershey Road in Bloomington as he approached the Empire Street intersection. He was in the leftmost lane, and he stopped at the red light at the intersection. When the light turned green, he turned left onto Empire street, choosing the right lane (of two) as he exited the intersection. The man was immediately stopped by a local police officer for an improper left turn. During the stop, the officer checked the driver’s license and found that it had been revoked. The driver was then cited for driving while his license was revoked.

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 Posted on January 26, 2019 in Uncategorized

When a person is convicted of a crime, the consequences typically go far beyond jail time, probation, and fines. A conviction can and usually will follow a person for the rest of his or her life, making it more difficult for the individual to find a job, secure affordable housing, or qualify for certain educational programs. While this is certainly a problem everywhere, lawmakers in Illinois have taken steps toward giving ex-offenders a second chance by passing new measures designed to make it easier for them to find gainful employment. According to reports from around the state, the measures are starting to work as planned.

Several Important Changes

In recent years, Illinois lawmakers have enacted a few different laws that increase opportunities for ex-offenders. One such law was signed by Governor Bruce Rauner in August 2017. The measure expanded the list of offenses that are eligible for record sealing and eliminated waiting periods for record-sealing petitions after an acquittal or dropped charges. When a record is sealed, it is no longer visible on most background checks, so expanding and speeding up the record-sealing program has been a welcome change.

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 Posted on January 20, 2019 in Uncategorized

Most people know that it is against the law to drink and drive. Anyone who is caught operating a motor vehicle while intoxicated can be charged with driving under the influence (DUI) and lose their driving privileges. In most circumstances, DUI laws are straightforward. A person who has a blood alcohol content (BAC) of over 0.08 percent is considered intoxicated and cannot legally operate a car. However, there are some circumstances where individuals have been charged with a DUI, and they did not even know they were breaking the law! It is critical for every citizen to fully understand both DUI laws and their rights as an Illinois citizen.

You Can Be Charged with a DUI Without Being Over the Legal Limit

If you are like most people, you probably did not realize that there are some circumstances where a driver can have a BAC under the legal limit and still be charged with driving under the influence of alcohol or if you are under the age of 21, have your license suspended. Everyone knows that it is illegal to consume alcohol if you are under the age of 21. Unfortunately, we all know that most young people experiment with alcohol before they are old enough to do so legally. If a person under the age of 21 drinks and drives, the consequences can be severe and life-altering. Illinois law states that an underage person caught driving with any trace of alcohol in their system can be charged with a zero tolerance suspension and have their license suspended up to a year. And in some cases, whether you are under the age of 21 or not, the Prosecutor can still choose to prosecute you for DUI even if you were under the legal limit of a .08

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 Posted on December 20, 2018 in Uncategorized

Being hit with a criminal charge can be a scary thing, especially if you do not know what to expect. The process through which you go through when you are accused of committing a crime is basically the same throughout the country, with a few differences here and there, depending on which state you are facing charges in and the specifics of your individual case. Here is what you can expect to happen in an Illinois criminal case:

Initial Incident and Arrest

Involvement with the criminal justice system begins when you are accused of violating some sort of local, state or federal law. Before you can be arrested, the police officer must have probable cause to believe that you have committed a crime. Before the police can begin to question you, you must be informed of your Miranda rights, such as the right to remain silent and the right to an attorney. Being informed of your Miranda rights is crucial in criminal investigations. If you have been interrogated by the police and your Miranda rights were not given, an experienced trial attorney would seek to have those statements excluded from your trial. In essence, it would be as if you never spoke to the police to begin with.

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 Posted on December 19, 2018 in Uncategorized

With more states legalizing marijuana and a rising number of drug DUIs, federal safety officials have added a focus on driving high to their 2018 ad campaigns. The National Highway Traffic Safety Administration’s ongoing “Drive Sober or Get Pulled Over” campaign has been supplemented with two new slogans: “Drive High, Get a DUI” and “If You Feel Different, You Drive Different.”

Driving Under the Influence of Drugs Can Prove Fatal

An examination of data from the NHTSA’s Fatality Analysis Reporting System found that the number of drug-impaired drivers killed in car crashes has risen substantially over the past ten years, while the number of alcohol-impaired drivers killed has declined in the U.S. In 2006, 41% of drivers killed in crashes tested positive for alcohol while just 28% tested positive for drugs. Ten years later, in 2016, 38% percent of drivers killed in crashes tested positive for alcohol (a decline of 4 percentage points) while 44% tested positive for drugs (an increase of 16 percentage points).

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