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Recent Blog Posts
The Difference Between Assault and Battery
If you watch enough television or go to the movies, then you heard the terms “assault” and “battery” used a number of times. Perhaps you even heard them used in tandem. However, a charge of assault is different than that of battery, and while both are serious, it is important to know the distinctions.
What is Assault and Aggravated Assault?
In Illinois, assault is defined as when one person knowingly engages in conduct that places another person in reasonable apprehension of being physically attacked. The key here is that when it comes to a charge of assault, there is a lack of physical contact.
Aggravated assault is when the crime is alleged to have occurred in a public place such as a sports venue, public park, or any area deemed open to public access. Criteria that may also result in the upgraded charge include :
Know the Laws Regarding Cell Phone Use While Driving in Illinois
According to recent estimates, more than 90 percent of American adults own and use a cell phone. This does not even account for those who use tablets or any other type of mobile electronic device. When cell phones were first introduced, their primary appeal was that they were perfect for business professional and others who were constantly on the go. While that focus has changed somewhat in the last three decades, cell phones are rapidly replacing traditional landlines giving more and more people to communicate without being tied to a particular location.
As cell phone technology has advanced, people have also become much more likely to use their devices while behind the wheel of their cars. Despite study after study showing the dangers of using a cell to talk or text while driving, many cannot seem to put them down. If this describes you, it is important to understand that you could be pulled over for using your phone while driving, and the penalties for doing so can add up quickly.
How to Get Your Criminal Record Expunged
Any arrest, regardless of whether it is a misdemeanor or felony offense, can have a negative effect on your life for years to come. That single incident can deter your ability to find employment, enroll in school, and can impact other activities that require a criminal background check. However, with the help of an experienced attorney , it is possible to have those stains on your record completely eliminated.
Convictions of misdemeanor offenses may follow you around like a bad memory. It is important to know that, even if you are found “not guilty,” the arrest on a misdemeanor or felony charge will still appear on your record and remain a part of the “public record.” Because of this, you may wish to take steps to have the entire incident completely eradicated, so it is like the incident never occurred.
What Crimes Qualify for Expungement?
This is probably the first question anyone asks when exploring the possibility of seeking expungement of their record. For the most part, felony convictions are not eligible, but Illinois law (FOID) identifies and defines the various offenses that may qualify for removal from the public record. Listed here is a summary of some of the most common incidents eligible for expungement:
Owning a Firearm in Illinois
Despite the efforts of some municipalities to ban gun ownership or the sale and transfer of weapons within their city limits, owning a firearm in Illinois is completely legal. However, it is important that law-abiding citizens follow the procedures for the purchase and use of guns to ensure that they do not jeopardize their 2nd Amendment rights.
Before You Purchase a Gun
In Illinois, an individual cannot walk into a gun shop and buy a gun on the spot. The state, with guidance from law enforcement officials, established steps that an individual is required to follow in order to legally own a firearm:
- Apply for and obtain a Firearm Owner’s Identification Card (FOID) . This card identifies the holder as one who is eligible to purchase and/or own a gun and ammunition. This regulation was enacted in 1968. The process includes a very thorough background check to determine if the applicant has a criminal record or another violation that makes them ineligible to obtain the card.
The Consequences of Refusing a Breathalyzer
You have probably seen it countless times in movies and television. A person is detained by police for questioning or arrested on suspicion of a crime, and along the way, that person demands something from the officer—usually a phone call—while declaring something to effect of “I know my rights.” Real life, of course, is often much different than what you see on TV, and a large portion of the population probably does not what rights they have in a given situation. For example, if you are pulled over on the suspicion that you are driving under the influence (DUI), do you have the right to refuse to take a breathalyzer test?
Implied Consent
According to Illinois law, a person who operates a motor vehicle on the streets or public highways of the state automatically grants his or her consent to submit to chemical testing for blood-alcohol content (BAC). Such tests may be breath, blood, or urine tests, with breath tests being the easiest to administer during a traffic stop. There is, however, an important provision in the law that is relevant to your rights in this type of situation.
Sweep in Will County Seizes Drugs, Illegal Firearms
Gun violence and illegal drug activity continue to be major concerns in the greater Chicago area. The problem, however, is not limited to the inner city. Fortunately, neither are actions by law enforcement. This week, police in Will County conducted a large-scale sweep that resulted in the seizure of drugs and guns, as well as the arrest of at least 12 people—many of whom are suspected to have connections to gang activity and related violence.
A Cooperative Effort
Will County State’s Attorney James Glasgow help a press conference on Tuesday to announce the success of the operation. He said that more than 100 law enforcement officers from local, state, and federal agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, were involved in the sweep. According to Joliet Police Chief Brian Benton, the sweep began at 6 a.m. on Tuesday and a dozen arrests were made within five hours. Arrest warrants were issued for four more individuals who have yet to be apprehended.
Is it Drug Possession or Drug Distribution? It Makes a Difference
Finding yourself in police custody facing drug possession or distribution charges is a serious matter. Both charges may result in serious consequences and penalties, but the severity of the punishment as well as opportunities for relief depend on the type of illegal substance and the amount or weight of the material in your possession at the time of arrest.
Possession or Distribution
Possession of a controlled substance is generally defined as having illegal drugs on your person or on or around your personal property such as an automobile. Under Illinois law, the following may apply when facing a possession charge:
- Those found in possession of up to 15 grams may be granted probation.
- Prior felony or drug convictions make probation more difficult to obtain.
Distribution, which is included under the broader term of “drug trafficking” is viewed as a more serious matter because it involves the production and sale of illegal substances to others. The Illinois Controlled Substances Act thoroughly defines various illegal substances and the penalties for distributing those substances. It is important to know that:
A DUI Does Not Always Result in Lost Driving Privileges
First, it must be stressed that at no times should anyone operate a motor vehicle after consuming alcohol or while under the influence of drugs; the consequences of doing so could be life altering. However, even the most well-intentioned individuals make mistakes and could find themselves facing a long and expensive journey through the legal system.
It is important to remember that a DUI charge in Illinois does not necessarily mean that your driving privileges end. The outcome of your case, even in the event of a conviction, could still allow you to retain some driving privileges and, eventually, file for reinstatement of your license.
Some Possible Consequences and Options if you Receive a DUI
Under the strictest application of penalties for a first DUI conviction, a Class A misdemeanor, one may face the revocation of driving privileges for one year (two years if the driver is under the age of 21) and the suspension of vehicle registration. However, the following is a summary of possible options for individuals facing a first or even subsequent DUI offense in Illinois that include the ability to continue driving:
Asset Forfeiture Reform Bill Awaits Governor’s Signature
According to a recent analysis of public records, law enforcement agencies and prosecutors in Cook County conducted 23,000 seizures of private property between since 2012. The study also indicated that a disproportionate number of the seizures occurred in the most poverty-stricken neighborhoods of Chicago—which also happen to be primarily communities of people of color. A proposed law, however, has been passed by the state legislature that would curtail the practice of asset forfeiture related to criminal activity and is now on the desk of Illinois Governor Bruce Rauner.
What Is Asset Forfeiture?
Asset forfeiture laws were originally enacted to help police agencies address the problem of organized crime and large-scale criminal operations. The idea was that if the government—through the police and prosecutors—was permitted to seize property related to the commission of a crime, they would be able to disrupt crime syndicates and gangs. Under such laws, police could seize property based on the suspicion that it was involved in criminal activity, even if the owner is never charged, let alone convicted.
The Difference Between Misdemeanor Shoplifting and Felony Retail Theft
An individual charged with shoplifting may later learn they are facing a much more serious felony charge. How did this happen? What should you do? Illinois statutes lay out in detail the difference between theft and retail theft, and within the laws are provisions that allow for prosecutors to upgrade charges from misdemeanor shoplifting to a felony depending on the circumstances of the case.
When Does Shoplifting Become a Felony?
The basic definition of retail shoplifting is when a person is alleged to take, possess, carry away, or transfer any retail merchandise. However, intent to deprive the merchant of full value must be proven. Under this definition, the accused of an alleged crime should pay for the merchandise, but not pay full value – as if one were to alter or swap out a price tag or “under ring” the item’s price at checkout. Under Illinois law, when it is a first offense and the value of the merchandise is under $300 (or $150 in motor fuel), a misdemeanor charge is usually brought.
