Posted on May 21, 2024 in Traffic Violations

If you have been cited for a second traffic violation, you may be facing harsher penalties than for a first offense. It is important to understand the potential consequences and your legal options. An Illinois lawyer may be able to help you with your second offense traffic violation.

Penalties Depend on the Type of Violation

The consequences for a second traffic offense depend on several factors, most notably the specific violation. Common moving violations that may result in enhanced penalties for a second offense include:

• Speeding

• Running a red light or stop sign

• Improper lane usage

• Following too closely

• Failure to yield

• Driving without insurance

For many of these offenses, a second violation will result in higher fines and court costs compared to a first offense. You may also have your license suspended for a longer period of time, especially if the second violation occurs within a certain timeframe of the first offense (often 12 to 24 months).

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 Posted on May 14, 2024 in Theft

If you have been charged with shoplifting, you should understand your legal options and potential defenses. Shoplifting, legally known as retail theft, is a serious offense that can lead to criminal penalties. However, an Illinois lawyer can help you build a vigorous defense and protect your rights.

What to Know About Shoplifting Laws in Illinois

Under Illinois law (720 ILCS 5/16-25), retail theft is defined as knowingly obtaining or exerting unauthorized control over merchandise from a retail establishment with the intention of depriving the merchant of the full retail value of the item.

It is important to note that shoplifting charges can have long-lasting consequences, including fines, jail time, and a permanent criminal record, which can affect future employment and housing opportunities.

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 Posted on May 08, 2024 in Driver's License Reinstatement

Receiving a violation while operating a commercial vehicle in Illinois can have serious consequences for your career as a professional driver. Commercial driver’s licenses (CDLs) are governed by stricter rules and regulations than regular driver’s licenses, and violations can result in fines, license suspensions, or even revocation. You must take the proper steps to protect your livelihood and driving privileges. An Illinois lawyer can guide you through the recommended actions after a CDL violation.

Request a Hearing

The first step is to understand the nature of the violation you have committed and its potential repercussions. CDL violations can range from minor infractions like speeding or failure to signal to more severe offenses like driving under the influence (DUI) or reckless driving. The consequences may vary depending on the severity of the violation, your driving record, and whether it occurred while operating a commercial or personal vehicle.

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 Posted on April 30, 2024 in Drug Crimes

When facing felony drug charges in Illinois, building a defense strategy can strengthen your case. The penalties for these offenses can be severe, potentially leading to lengthy prison sentences and hefty fines. It is beneficial to explore every possible avenue with an Illinois lawyer.

Challenging the Search and Seizure

A frequently employed defense tactic is to contest whether law enforcement lawfully obtained the drug evidence. The Fourth Amendment to the U.S. Constitution, along with Article I, Section 6 of the Illinois Constitution, protects citizens against unreasonable searches and seizures by the government. If the police carried out an illegal search or seizure, such as conducting a search without a valid warrant or exceeding the permissible bounds of a warrant, a skilled defense lawyer can file a motion to suppress.

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 Posted on April 22, 2024 in Expungement & Record Sealing

Having a criminal record can create significant barriers to employment, housing, and other opportunities. Fortunately, Illinois law provides certain options for individuals seeking to clear their records and move forward with their lives. An Illinois lawyer can help you discover which options may be available to clean up your criminal history.

Expungement

Expungement refers to the legal process of erasing a criminal record, effectively treating it as though it never existed. In Illinois, specific types of records are eligible for expungement, including:

• An arrest that did not result in a conviction

• Court supervision successfully completed for certain offenses

• Convictions for certain offenses committed as a juvenile

To qualify for expungement, you must meet specific requirements and file a petition. If granted, all records of your arrest, court supervision, or juvenile conviction will be destroyed, and you can legally state that you have never been convicted of a crime.

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 Posted on April 15, 2024 in Criminal Defense

Facing harassment charges in Illinois can be a scary and overwhelming experience. Whether you think the accusations are baseless or you have made an error in judgment, you must know your rights and take the right steps to protect your interests. An Illinois lawyer can help you with handling harassment charges.

What is Considered a Harassment Charge in Illinois?

According to Illinois law (720 ILCS 5/26.5-3), harassment occurs when someone engages in behavior they know or should know would cause emotional distress to a reasonable person. This includes persistent unwanted contact, threats, or the use of offensive language. The charges for harassment can vary from a misdemeanor to a felony, based on the seriousness and type of the behavior in question.

Gather Evidence and Documents

To build a solid defense, work with your attorney to gather all relevant evidence and documents related to your case. This may include:

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 Posted on April 08, 2024 in Traffic Violations

Reckless driving is a serious offense, carrying significant consequences for those convicted. It is crucial to understand the potential repercussions of a reckless driving charge and the importance of seeking legal representation. An Illinois lawyer can help you have a reckless driving charges and figure out the best step forward.

What is Considered Reckless Driving in Illinois?

Under Illinois law (625 ILCS 5/11-503), reckless driving is defined as operating a vehicle with intentional or reckless disregard for the safety of persons or property. This definition includes various behaviors, like extreme speeding, erratic lane changes, or risky actions that endanger others. It is crucial to recognize that reckless driving is separate from other traffic infractions, such as speeding or incorrect lane changes, due to the deliberate or reckless indifference to safety.

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 Posted on March 29, 2024 in Felonies

The internet has transformed how we live, work, and communicate, but it has also introduced new opportunities for criminal activities. As technology continues to evolve, cybercrime and online fraud have become increasingly prevalent. Lawmakers have recognized the need to address these emerging threats and have implemented various laws to protect individuals and businesses. An Illinois lawyer can help you determine the next necessary steps as you face related charges.

What is Cybercrime Defined as in Illinois?

Cybercrime refers to any criminal activity that involves computers, networks, or the internet. It encompasses a wide range of offenses, including hacking, identity theft, phishing scams, and cyber-stalking. Under Illinois law, these crimes are covered by the Computer Fraud and Abuse Act (720 ILCS 5/17-51).

The Act defines unauthorized computer access, computer tampering, and computer fraud as felonies. Depending on the severity of the crime, penalties can range from probation to substantial fines and imprisonment. For instance, aggravated computer tampering, which involves knowingly causing damage that exceeds $10,000, can result in up to 15 years in prison.

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 Posted on March 21, 2024 in Drug Crimes

Being charged with drug possession in Illinois can be an intimidating experience, but it is crucial to know your rights and legal options. Illinois has strict laws regarding drug offenses, and the consequences can be severe, ranging from fines to jail time. An Illinois lawyer can help you to understand of your rights in drug possession cases.

Know the Charges

Possession of a controlled substance in Illinois falls under the Illinois Controlled Substances Act. The severity of the charges depends on the type and amount of the drug involved. Generally, drug possession cases in Illinois are classified as follows:

• Misdemeanor Possession: Possession of small amounts of certain drugs, such as cannabis or prescription medications, may be charged as a misdemeanor.

• Felony Possession: Possession of larger quantities or more serious drugs, such as heroin, cocaine, or methamphetamine, can result in felony charges.

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 Posted on March 15, 2024 in Criminal Defense

If you or a loved one has been charged with a non-violent offense in Illinois, you may feel anxious about jail time. While incarceration is certainly a potential consequence, some alternatives could allow you to avoid serving time behind bars. An Illinois lawyer can provide some insight into the options that may exist in your situation.

Deferred Prosecution Can Offer a Second Chance

Depending on the circumstances of your case and county, you may qualify for deferred prosecution. This means pleading guilty, but then getting the charges dismissed if you successfully complete a probationary period and court requirements like community service, treatment programs, or restitution payments. It is a way to hold you accountable without saddling you with a permanent criminal conviction.

Specialty Courts for Treatment Instead of Punishment

Illinois has pioneered different specialty or problem-solving courts specifically geared toward rehabilitation over punishment. Drug courts, mental health courts, and veterans treatment courts divert qualifying defendants into intensive treatment programs as an alternative to incarceration. By addressing underlying issues through counseling and other services, these courts aim to reduce recidivism and give individuals a path to dismiss their charges.

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