Recent Blog Posts
Types of Burglary Charges in Illinois
When someone thinks about burglary,he or shemay think of a person breaking into a building, or home, to steal something valuable.While that is burglary, there are other instances in which a person can face burglary charges and not even realize it.
If you are facing charges for burglary in Illinois, it is imperative that you contact an attorney immediately. To be sure, a skilled lawyer can help protect your rights throughout each stage of the criminal process.
Types of Burglary in Illinois
The following includes various types of burglary charges in Illinois, all of which require the assistance of a skilled attorney.
Burglary
According to Illinois statute, burglary is committed when a person “knowingly enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.” Burglary is considered a Class 2 felony in Illinois and carries a potential sentence of three to seven years.
Three Common Misconceptions About Criminal Law in Illinois
For many people, their knowledge of the criminal justice system comes from television shows or other types of media. As such, they may get ideas in their heads of what should happen in criminal cases. In reality, many events that take place on television are not accurate depictions of actualcriminal defense cases in Illinois.
Real life cases do not follow a script, and they can be unpredictable and shocking. It is important to know which facts are the truth and which are mere misconceptions. In light of this,consider the following three common misconceptions about the criminal justice system.
Any Time I Am Not Read My Miranda Rights, My Case Will Be Dismissed
A defendant must be readhis or her rights anytimehe or she isin custody of the police and is being interrogated. Being ‘in custody’ is a complicated issue. Merely talking to the police does not always mean that you are in custody, and neither does being placed in handcuffs.
What is Possession of a Controlled Substance in Illinois?
Possession of a controlled substance is a seriousdrug crime in Illinois. The punishment for such a crime depends on the controlled substance in question and the amount of the substance that is found. Generally, the more of a substance a defendant has, the harsher the punishment can potentially be.
Most possession of a controlled substance crimes carry fines, probation, and jail or prison time. Ultimately, if you have been charged with this crime, it is imperative that you reach out to a skilled attorney for help immediately.
Controlled Substance
The first step in understanding possession of a controlled substance isbeing able to identify a controlled substance. Per 720 ILCS 570/102(f), a controlled substance is defined as a “drug, substance, immediate precursor, or synthetic drug.” The drugs included in this definition include heroin, cocaine, marijuana, methamphetamines, LSD, oxycodone, ketamine, ecstasy, and other controlled substances listed in Article II of 720 ILCS 570.
Four Commonly Asked Questions About Illinois DUI Law
Being faced with a driving under the influence (DUI) charge in Illinois can be scary. You don’t know what to expect or what is going to happen. Ultimately, the best way to prepare is by understanding more about your charges.
What is a DUI?
Pursuant to Illinois law, an individual who is operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or more can be charged with a DUI. A DUI is not limited to only driving with alcohol in one’s system. A person can be charged with a DUI ifhe or she isintoxicated by drugs, intoxicating compounds, or methamphetamine is inhis or hersystem.
BAC refers to the ratio of alcohol to the blood in your system. A BAC of .08 makes it illegal in Illinois to operate a motor vehicle. However, this standard only applies to individual over the age of 21, the legal drinking age. A driver under the age of 21 must have a BAC of 0. Any amount over 0 and the individual may face a DUI charge.
Rolling Meadows Man With Multiple DUIs Faces 30 Year Prison Sentence
A Rolling Meadows man with 15 driving under the influence (DUI) convictions faces 30 years in prison. The DUI convictions date all the way back to 1982. These convictions take place over 36 years and have occurred in10 Illinois counties.
The man’slatest DUI charge occurred in June 2017 when he struck a party bus while intoxicated and driving. For the 15 convictions, he has served 15 years, five months, and eight days in prison, with sentences ranging from one year to7 years, according to the Daily Herald.
After the man’smost recent DUI charge, the defendant was forbidden to drive. In fact, the state of Illinois took away his license years ago because of the numerous DUI charges. Regardless, the defendant still got behind the wheel of a car and drove while intoxicated. The judge let the defendant out on bail after the 2017 DUI charge.
An Explanation of the Illinois Point System
The Illinois Department of Motor Vehicles (DMV) created a point system that trackstraffic violations that an individual accumulates onhis or her driving record. Every time you receive a moving violation, a number of points are added to your driving record. After accumulating a large amount of points you risk suspension or revocation of your license. In light of this, if you are facing charges for a serious moving violation in Illinois, it is in your best interest tospeak with an attorney immediately for legal assistance.
How the Points System Works
The number of points added to your driving record after a moving violation dependson the severity of the offense. For example, a charge of reckless driving on your record brings 55 points to your record. Failing to obey a stop sign adds 20 points to a driving record. Further, failing to obey a traffic signal or light carries 20 points. Points for speeding depend on the speed at which a driver is traveling, and is described below:
Reckless Driving in Illinois
While many believe reckless driving to be a minor offense, in reality it can lead to serious consequences that have lasting effects. As such, if you have been charged with reckless driving in Illinois, we ask you to reach out to us today for professional help.
What is Reckless Driving?
In Illinois, reckless driving is governed by statute 625 ILCS 5/11-305. There are two situations in which a person can be found guilty of reckless driving:
- A person who drives “with willful or wanton disregard for the safety of persons or property” is said to be driving recklessly; and
- A person who knowingly drives “a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne” is driving recklessly.
What Happens if I Violate My Probation?
When sentencing an individual upon conviction of a charge, a judge often has a variety of options available. One of the most common types of sentencing in Illinois involves placing an individual on probation.
Probation is a sentence that requires a defendant to adhere to certain supervision rules to ensure thatthe defendant isnot committing other crimes andis being rehabilitated afterhis or her conviction. An individual must follow the terms ofhis or her probation exactly, otherwisehe or she could be found inviolation of his or her probation.
Of course, violating probation has consequences. If you have violated your probation, there are defenses and options available to you, and it is in your best interests to contact an attorney immediately for help.
Five Questions You Should Ask a DUI Attorney
If you have been charged with driving under the influence (DUI) in Illinois, you need a skilled and experienced DUI attorney to handle your case. Finding the right attorney for you is important. An attorney is not one size fits all. Therefore, it is essential to ask any potential DUI attorney questions to ensure that a successful and productive attorney-client relationship will result.
Questions to Ask an Attorney
If you are facing DUI charges, make sure to ask these five questions of any attorney you contact:
- How much experience do you have handling DUI cases? It is important to have an attorney who has experience handling cases like yours. Experience brings about confidence and a knowledge level that can assist you in your case. Additionally, asking the results of different cases can give you an idea of what could happen in your situation.
Why Should I Contact an Attorney if I Get a Traffic Ticket?
You may not think that a traffic ticket is a big deal,that they happen every day, and that you do not need an attorney if you receive one. This is simply not true. While there are “minor” traffic violations, like running a stop sign or improperly changing lanes, there are still consequences for even the smallest ticket. Hiring an attorney can help you avoid these consequences and keep your driving record clean.
Provide Experience
When you fight a ticket yourself, you are relying on your own experience. If this is your first traffic ticket, or the first time that you are fighting a traffic ticket, you may not know exactly what to do. Even if this is not your first ticket, you likely do not have the same experience that an attorney has in traffic court. An attorney knows the law well and knows how to challenge the validity of a traffic ticket.