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Recent Blog Posts
What Does it Mean to Plead “No Contest?”
If you have been charged with a crime, you must enter a plea to the court. Generally, people think of “guilty” or “not guilty.”However,there are other options, such as “no contest.”
Under Illinois law, a defendant is brought into open court and read the charges against him or her. The defendant then makes a plea pursuant to 725 ILCS 5/113-4, by either pleading guilty, guilty but mentally ill, or not guilty. The statute does not specifically point to the plea of no contest. Because no contest is not stated in the statute, a defendant does not have the right to plead no contest in every criminal case. However, a judge can allow the defendant to make the no contest plea.
What is “No Contest”
No contest comes from the phrase “nolo contendere,” which means “I will not contest.” A no contest plea is very similar to a plea of guilty. In a no contest plea, the defendant does not disagree with the facts of the case, orhis or her role in the crime. The defendant is, however, not admitting guilt. When a defendant pleads guilty,he or she isadmitting their guilt in the crime. The plea of no contest is essentially the defendant accepting the penalties for the crime, but without admitting guilt.
Illinois Automobile Insurance
If you are pulled over, one of the firstquestions a police officer will ask isto see your license, registration, and proof of insurance. It is essential to carry all three oftheseitems with you in your vehicle.However, what happens if you forget to bring your insurance? Or, what if you do not have automobile insurance?
What Insurance Does Illinois Require?
There are three types of auto insurance required in Illinois. A driver must have both property and liability/bodily injury insurance. Additionally, a driver must carry uninsured motorist bodily injury insurance. The property insurance component of auto insurance is for covering the cost in case you damage another’s property in your vehicle. Most often, this is to cover the damages to another vehicle. Occasionally, however, other property can be damaged. Your insurance policy must cover at least $20,000 of property insurance.
What is an Aggravated DUI?
In Illinois, the more a person is charged with driving under the influence (DUI), the harsher the penalties get. The different types of DUI charges that are possible in Illinois are outlined in 625 ILCS 5/11-501.
A DUI can be classified as both a felony and misdemeanor. An aggravated DUI is a felony DUI. You can be charged with a felony DUI, even if it is your first DUI arrest or charge.
Proving an aggravated DUI is the same as proving a misdemeanor. The prosecutor must showthat thedefendant broke a law in some way, most often driving with a blood alcohol content of more than 0.08 percent.
In addition to proving a violation of law, there are11 circumstances that can elevate a misdemeanor DUI to an aggravated DUI. The following are the circumstances that make a DUI a felony:
Do I Need to Participate in a Field Sobriety Test?
Red, white, and blue represent freedom in the United States, but those take on a completely different meaning when you see them flashing in the rearview mirror of your car. Being pulled over can be scary and you might not be sure what to expect. If a police officer suspects that you are driving under the influence of alcohol, a simple traffic stop turns into much more.
Illinois Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) conducted a study to determine what sobriety tests are the most effective in determining if a suspect is driving under the influence. Illinois uses “Standardized Field Sobriety Tests” on individuals to determine their intoxication. It is imperative that individuals understand what these tests are so that they are better equipped should a situation arise when they are faced with the question of participating in them.
White Collar Crime: An Overview
Many people in Illinois have heard the term “white collar crime,” although they are unsure of its true definition. In this case, some think of investment bankers embezzling millions from their corporate office. Or, others maythinkof someone forging a document. Ultimately, white collar crime includes a wide variety of crimes. Due to the severity ofthe penalties, it is imperative that you reach out to an attorney immediately for helpif you are facing white collar crime charges.
What is white collar crime?
The FBI characterizes white collar crime by deceit, concealment, or violation of trust. There is no need for there to be a threat of physical force or violence. White collar crime usually involves theft or retrieval of financial assets with the intent of personal gain. This includes the theft or retrieval of data, too, not just monetary assets.
Assault and Battery Defined
When people hear the term “assault and battery,” they often think of one crime. Assault and battery, however, are two separate crimes under Illinois law. They are related, but still different.
Assault differs from battery in that it is psychological. It usually happens in anticipation of battery. Assault refers to a threat that can be verbal or physical in nature. For example, if you threaten to kill someone, that can be considered assault. If you swing a bat at someone to scare him or her,but do not make contact, you can then be accused of assault, but not battery.
Battery involves some form of physical contact. It is a broad term that can mean anything from an unwanted hug to a punch in the face. It can also involve getting hit by an object or getting harmed by a firearm. Determining whether or not an incident should be considered battery can be confusing, though. The actual physical contact must be intentional, but the harmful nature does not have to be. Even poisoning someone’s food or blowing smoke in someone’s face can be considered battery.
Types of Juvenile Crimes
Adults are not the only ones who break the law. Teens commit many crimes as well. Those under the age of 17, however, typically cannot be held responsible for the crimes they commit. The area of juvenile lawapplies to teens and is focused more on rehabilitation rather than punishment—prison time and hefty fines are not always appropriate forms of punishment for juveniles.
There are many sentencing options for juvenile courts. They are typically grouped into two types: incarceration and non-incarceration. Incarceration does not have to involve jail, although it sometimes does—particularly if the minor committed a felony. Other forms of incarceration include house arrest, placement in a foster home, and juvenile hall.
For minor crimes, a teen may be able to avoid incarceration. Non-incarceration punishment options include verbal warnings, fines, community service, counseling, and probation.
The Consequences of Speeding in a Construction Zone
Speeding in any area is an offense punishable by hefty fines. This is especially true in construction zones. Workers are in these areas performing road maintenance and it is important to slow down and watch for them. Plus, heavy equipment is often in use and these vehicles can cause serious damage to you and your vehicle.
Statistics show, however, the motorists are more likely to be injured or killed in construction zone accidents than workers. Between 2010 and 2014, there were an average of 27 fatalities each year. Only an average of two of those involved workers.
Traffic violations in construction zones are no laughing matter. While most violations involve speeding, using your cell phone, or failing to yield can also get you a ticket. The speed limit in a construction zone is 45 mph. If you are given a ticket for exceeding this speed limit, you will face a $375 fine and be ordered to appear in court. The penalties get much steeper on subsequent offenses. If you are caught a second time, the fine goes up to $1,000 and you will have your license suspended for 90 days.
What to Know About Retail Theft
Shoplifting is considered theft of an item for sale at a place of business. It is a major problem for retailers across the United States.Seemingly minor shoplifting habits,such as taking a candy bar or a pack of gum from a store without paying, canresult in major legal trouble.Moreover, depending on the value of the stolen items, felony charges could result.
In 2016, loss of inventory cost U.S. retailers nearly $49 billion. It isnot just outsiders stealing goods. Employee theft accounted for 30 percent of inventory loss.
Retail theft can occur in many ways. Even ringing up an item at a lower price is considered theft. The laws and penalties vary from state to state. Therefore, it is important to understand the laws that apply should you ever be charged with retail theft in Illinois.
Disorderly Conduct in Illinois
When people think of disorderly conduct, they mayenvisionsomeonewho isdrunk and acting out in public. Whilethis is a form of disorderly conduct, it is not the only one that can cause a person to face criminal charges.
Disorderly conduct refers to an act that disturbs the peace. In some states, such acts result in a mere fine. In Illinois, however, these acts are charged as misdemeanors most of the time. In some instances, they are even charged as felonies.
This means that a disorderly conduct charge can affect your life in many ways. Avoid getting in trouble with the law by understanding what types of acts can get you a criminal record in Illinois.
What Illinois Law Says
Under 720 ILCS 5/26-1, disorderly conduct consists of the following:
- Acting in an unreasonable manner to alarm or disturb someone;
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