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Recent Blog Posts
Who is Required to Register as a Sex Offender in Illinois?
A sex offender, simply put, is someone who has been convicted of, or plead guilty to, committing a sex crime (i.e. a crime involving sexual conduct or committed with a sexual motive). In the United States, many sex offenders are required to register with a local law enforcement agency due to the federal Wetterling Act.
The actrequires the states to implement sex offender registries aimed at gathering information about sex offenders living within their borders, and the corresponding state laws designed to fulfill this requirement (which are each commonly referred to as “Megan’s Law,” respectively).
Registration requirements vary a bit from state to state. However,to give you an idea about the circumstances under which an individual is generally required to register as a sex offender, the registration requirements for Illinois’ sex offender registry are briefly outlined below.
Drug Trafficking at the State and Federal Level
Drug trafficking (i.e. distributing or selling a controlled substance) is illegal under both state and federal law and while the legal ramifications of federal drug convictions tend to be considered much steeper than state level drug convictions, it is important to note that this is not always the case.
If you or a loved one has been accused of illegally trafficking drugs at either the state or federal level, it is important to understand that this is a serious accusation for whichyour or your loved onemay face significant jail time.
Federal Law
Per 21 U.S. Code § 841, it is illegal under federal law, in most circumstances, to manufacture, dispense, or distribute a qualifying controlled substance, or possess such a substance with the intent to distribute, manufacture, or dispense it. Also, take note that the legal ramifications of drug trafficking under federal law vary significantly depending on which schedule the trafficked substance is classified under.
What Are the Penalties for Battery in Illinois?
Battery, unlawfully and knowingly causing physical bodily harm to someone else or making physical contact of a provoking or insulting nature with the person of another, is a serious criminal offense in the state of Illinois. Moreover, battery is punished in a variety of different ways—the severity of which depends on the circumstances surrounding the battery and the type of battery with which the offender is charged.
Battery & Aggravated Battery
Battery as defined in code section 720 ILCS 5/12-3 is a Class A misdemeanor that is punishable by up to one year in prison and a fine of up to $2,500. However, in some instances, those convicted of battery will instead be sentenced to probation rather than imprisonment and be required to attend counseling and/or engage in a set amount of community service.
Juveniles Caught With Fake IDs in Illinois: The Consequences
As the legal drinking age in Illinois is 21, it is not all that uncommon for underage juveniles to be caught with fake IDs. While such an offense may not seem like more than a youthful indiscretion, it is important to note that unlawful possession of fictitious identification in Illinois can be charged as a felony offense under some circumstances.
Unlawful Possession of Fictitious Identification
Under code section 15 ILCS 335/14A, it is a felony offense for any person in Illinois to:
- Knowingly possess or display a fake or illegally altered ID card;
- Knowingly possess or display a fake or illegally altered ID card in order to obtain a bank account, credit, a debit card, or a credit card;
- Knowingly possess a fake or illegally altered ID card in order to commit credit card fraud, theft, or any other illegal action;
Can Acts of Disorderly Conduct be Committed Online?
U.S. News recently reportedthat a Chicago middle schooler was charged with disorderly conduct and a hate crime after posting a video on social media. Allegedly, the video in question was threatening in nature and was removed from the Internet after a parent reported it to the Marlowe Middle School and the police got involved.
When we think of acts of disorderly conduct we often think of someone inciting a riot, peeping through a window, or fighting in public. Rarely do we think of disorderly conduct as a crime that can be committed online. Nevertheless, some states, including Illinois, recognize disorderly conduct as a crime that can be committed either in person or remotely.
Illinois’ Disorderly Conduct Statute
Under code section 720 ILCS 5/26-1, an individual can commit the crime of disorderly conduct in a number of different ways including, including the following:
Crimes Against the Elderly Carry Increased Penalties in Illinois
A man accused of committing a series of crimes on both sides of the Illinois-Indiana border is facing various charges for which, if convicted, he will likely receive increased penalties because he targeted the elderly during his crime spree. The Chicago Sun Times reports that the alleged offender is being held in jail on multiple charges of sexual assault, burglary, unlawful possession of a firearm by a felon, and burglary resulting in bodily harm. The victims of these alleged crimes were predominantly elderly men and women and included a 97-year-old-woman and a 73-year-old man who were robbed outside of their home, and an 81-year-old woman who was robbed and sexually assaulted, among others.
Crimes Against the Elderly
Under Illinois law, crimes committed against the elderly (or the disabled) are considered to be more morally egregious than those committed against other people, and therefore are often punished more severely. In fact, when a crime is committed in Illinois against an elderly adult, the maximum prison sentence permissible for the crime committed can be extended. In some instances,prison sentences are doubled.
Sentencing in Illinois Criminal Cases: Aggravating and Mitigating Factors
After a criminal defendant in Illinois is found guilty of committing a crime, or pleads no contest, a judge will evaluate the facts surrounding the case and then sentence the offender. While making this determination the judge also takes into account relevant mitigating factors (i.e. factors that support imposing a lesser penalty) and aggravating factors(i.e. factors that support imposing a harsher penalty).
Mitigating Factors
Under code section 730 ILCS 5/5-5-3.1 of the Illinois Compiled Statutes, judges in Illinois are required to consider the following mitigating factors when determining an offender’s sentence:
- The offender’s criminal conduct did not cause, or threaten, serious physical harm to another,
- The offender did not consider that his or her conduct would cause or threaten serious physical harm to another,
Will a 15-Year-Old Illinois Teen Accused of Murder be Tried as an Adult?
In Illinois, we have a juvenile justice system that handles most criminal offenses involving minors (i.e. individuals who are less than 18 years old) and a separate justice system that adjudicates criminal cases involving adult defendants. However, under some limited circumstances a judge will decide that a particular minor should be tried as an adult and will transferhis or her case out of the juvenile system and into the adult system. This is exactly what may happen to a 15-year-old Illinois teen accused of committing first-degree murder.
KWQC TV6 reports that the girl turned 15 just three days before she allegedly murdered her mother. Under Illinois state law a minor who has been charged with first-degree murder will not havehis or her case automatically transferred into adult court ifhe or she isless than 16 years old; however, the possibility of being tried as an adult is still not off the table for Ms. Schroeder.
Understanding State and Federal Racketeering Laws
If you or a family member is facing criminal charges of racketeering, take action now and retain the services of an experienced racketeering defense attorney.Racketeering is a very serious crime that, upon conviction, can have life-altering consequences.
If convicted, you will be ordered to spend years in prison, pay substantial sums of money in fines, have mandatory probation, lose your constitutional rights (e.g., ability to vote), lose your personal assets, and you will beordered to provide financial restitution to any victims.
Overview of Racketeering
Racketeering is typically used as shorthand to describe the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Congress enacted this law in 1970. It is typically used in instances of alleged organized crime where businesses, known as “rackets,” utilize legitimate organizations for the purpose of embezzling funds. Though, this federal law covers a wide array of crimes, more than 25 to be exact.
Understanding the Ramifications of Refusing a Breathalyzer Test in Illinois
If you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.
Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.
Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.
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