Posted on February 12, 2018 in Traffic Offenses

Many people drive a little fast every now and then.For instance,the car in front of youmay be going too fast and you simplykeep up with the flow of traffic. Or,perhaps you are running late for work and you need to speed up to get there on time. Perhaps you have a sports car and enjoy going fast.

Drivers can bepulled over for going 10, 15 and 20 mph over the speed limit. In these cases, the only punishment is a speeding ticket. Youwill have to paythe fine as well as take traffic school if you want to avoid insurance premium increases.

However, if you are caught going 26 mph or more above the speed limit, you will face hefty penalties. Going a few miles above the speed limit is one thing, but driving at an excessive speed is considered reckless. This is called aggravated speeding.

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 Posted on February 09, 2018 in Traffic Offenses

TV shows such as “Street Outlaws” make drag racing seem like fun and games. Two tricked-out cars go head to head in a race to see which one is faster. The drivers often bet money and whoever loses pays the winner.

Drag racers take their cars to the limit. They may travel at speeds exceeding 100 mph on city streets. Other drivers and pedestrians can end up seriously injured or even killed by the negligence of drag racers.

Not only is drag racing dangerous,it is also illegal. Drag racing is typically charged as a misdemeanor, but it can be a felony in some instances.

Illinois Drag Racing Laws

Drag racing, also known as street racing, is considered illegal on all streets and highways in Illinois under Illinois law 625 ILCS 5/11-506. Drag racing is defined as the operation of at least two vehicles side by side traveling at high speeds that are trying to outdistance each other. It also involves one or more vehicles attempting to outdistance another, reach a destination before another, or prevent another vehicle from passing. Drag racing may also be referred to as a test of a driver’s stamina or physical endurance. The race may also occur over a common course.

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 Posted on February 05, 2018 in DUI/DWI

Much focus is on drunk driving. Even though motorists know theyshould not drive after drinking, many do anyway. This often leads to serious accidents.

Now that recreational marijuana use is legal in many states—including Illinois—it is important for motorists to understand that drugged driving is against the law as well. If a person is pulled over for driving recklessly and is found to have drugs inhis or her system,he or she could face DUI charges, regardless of whether or nothe or she isat the legal limit.

However, measuring the amount of drugs in one’s blood is easier said than done. There is no 0.08 percent blood alcohol content (BAC) equivalent for marijuana and other drugs. Plus, unlike alcohol, drugs can stay in a person’s body for weeks after use.

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 Posted on February 02, 2018 in Criminal Defense

When a crime is committed, the person who actually carries out the illegal act is referred to as the “principal.” Any person who assists in the commission of the offense but did not actually participate in committing the crime is called an “accessory.” For example, pretend that two friends decide to rob a bank and they agree that Friend A is going to go into the bank and rob it while Friend B waits for him out front in the getaway car. If these friends carry out the bank robbery as planned, then Friend A would be principal (as he committed the actual robbery) while Friend B would be the accessory (given that he assisted in the commission of the robbery).

Generally speaking, an accessory to a crime is anyone who willingly and knowingly aids and abets the principal in committing a crime. This assistance can come either before, after, or during the commission of the crime. However, it is important to note that the precise definition of what it takes to qualify as an accessory to a crime varies a bit from state to state.

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 Posted on January 29, 2018 in Criminal Defense

Criminal intent (or mens rea) is an important legal concept to understand if you are going to stand trial for committing a criminal offense as the prosecution is required to establish mens rea (i.e. that the defendant had a guilty mind) in order for the defendant to be found guilty in many criminal cases. Depending on the severity of crime that was allegedly committed, the prosecution will need to prove that the defendant acted intentionally and possessed one of the following types of criminal intent when the illegal act was committed: malice aforethought, specific intent, or general intent.

Malice Aforethought

Malice aforethought is the state of mind that is necessary in order to prove the most serious types of homicide. An individual possessed malice aforethought ifhe or she intended to kill or to cause great bodily harm. Malice aforethought is critical in homicide cases as this distinction in criminal intent is the key difference between murder and malice as murder is an unlawful killing that is committed with malice aforethought while manslaughter is an unlawful killing that does not involve malice aforethought.

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 Posted on January 24, 2018 in Sex Crimes

When an individual is convicted of committing a sex crime in the United States, he or she may be required to register as a sex offender. Each state (and the District of Columbia) maintains its own sex offender registry and has its own set of laws that specify who is required to register as a sex offender within the state. For example, the statute that specifies who is required to register as a sex offender in Illinois is spelled out in code section 730 ILCS 152/115. Furthermore, each state also separately specifies the circumstances under which a registered sex offender within the state can petition to havehis or her name removed from the registry.

Consider the following information regarding the limited circumstances under which an individual can petition to havehis or her name removed from Illinois’ sex offender registry. Additionally, it is important to note that each situation is unique and that anyone who is interested in filing such a petition should consult with a local Illinois criminal defense lawyer about the specifics ofhis or her individual case.

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 Posted on January 22, 2018 in Felony

If youenjoy watching courtroom dramas on television, then you have probably heard the terms “felony” and “misdemeanor” bantered about quite a bit. Yet perhaps you were not quite sure of their precise definitions. In the legal world, the meaning of these terms are quite important as they are used to distinguish one class of criminal offenses from another.

Misdemeanors

Misdemeanors are typically crimes that are punishable by incarceration for up to one year and payment of a fine. Those who are sentenced to serve time for a misdemeanor offense are generally placed in county jail. Additionally, incertain misdemeanor trials, court appointed defense attorneys are available for defendants who cannot afford one.

Felonies

Felonies, on the other hand, fall into a more serious classification of crime and are generally punishable by incarceration in excess of one year and payment of a substantial fine. Offenders ordered to serve time for a felony offense are typically placed in a state or federal prison, as opposed to a local jail. Moreover, when an individual is charged with a felony,he or she hasthe right to a court appointed attorney ifhe or she isnot able to afford legal representation.

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 Posted on January 17, 2018 in burglary

Did you know that possessing burglary tools is illegal in Illinois? This may come as a shock but burglary tool possession is a serious criminal offense that can be charged as a Class 4 felony in Illinois. However, burglary tool possession is one of those crimes that is rarely talked about and is frequently misunderstood. In order to clear up some of this confusion, a few frequently asked questions about burglary tool possession have been answered below in accordance with Illinois law.

Q: What does it mean to illegally possess burglary tools?

A: Under code section 720 ILCS 5/19-2, a person commits the crime of unlawfully possessing burglary tools whenhe or she possess a tool, instrument, key, explosive, or device that can be used to break into a building (or a watercraft, house trailer, auto, railroad car, aircraft, or any structure designed to keep property safe) with the intent to enter and commit a felony or theft there within.

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 Posted on January 15, 2018 in Domestic Violence

An Illinois protective order (also commonly referred to as an “order of protection” or a “restraining order”) is a court ordered civil decree that is designed to prevent future acts of domestic violence from occurring by requiring the individual listed on the order to refrain from engaging in certain enumerated acts (for example, coming within a certain distance of the petitioner, possessing a firearm, harassing, stalking, or intimidating the petitioner, etc.).

If a protective order has been issued against you, it is criticalto carefully abide by each provision listed in the order. Failing to do so can land you in a world of legal trouble. To begin, you will have likely committed a Class A misdemeanor and may be sentenced to spend up to one year in jail, and pay a fine of up to $2,500. Therefore, even if you feel that the order of protection that has been issued against you is not justified, it is critical that you abide by its terms and fight the order through the appropriate legal channels.

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 Posted on January 10, 2018 in White collar crime

White collar crimes, especially the crime of forgery, have been featured prominently in the news recently. The crime of forgery is committed when an individual drafts or alters a writing with the intent to defraud another. However, it is important to note that each state in the U.S. defines forgery slightly differently in their respective criminal codes.

In Illinois, according to code section 720 ILCS 5/17-3, forgery is committed in Illinois when a person knowingly, and with the intent to defraud:

• Falsifies a document in order to defraud another,
• Issues or delivers a falsified document while knowing it to be false,
• Possesses a falsified document with the intent to issue or deliver it while knowing it to be false,
• Illegally uses someone else’s digital signature, or

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