Posted on October 20, 2017 in DUI/DWI

Getting convicted of a DUI carries significant ramifications that may adversely affect you for years. A DUI conviction is typically a Class A misdemeanor, meaning you could be ordered to serve up to one year in jail. You could also be required to pay a fine of up to $2,500 with a mandatory minimum fine of $500. In addition, your driver’s license will be suspended for at least one year. And this is all for a first-time offender.

If you have prior DUI convictions on your record, the penalties are even more severe. For example, if this is your third DUI conviction, the charge escalates to a Class 2 felonywhich means you could be ordered to spend between three and seven years in jail. Also, your driver’s license will be suspended for at least 10 years.

Ways to Prevail Against the Government

Continue Reading ››

 Posted on October 16, 2017 in DUI/DWI

The Governor of Illinois signed a new piece of legislation into law that alters the way police handle an arrest of someone under the age of 21 who is suspected of being intoxicated.

Senate Bill 2185, most commonly referred to as “Conor’s Law” requires that when a police officer arrests someone showing signs of being intoxicated who is under the age of 21,he or she must make a reasonable attempt to contact a responsible adult who can take custody of the individual. If police cannot locate a parent, guardian, family member, or friend, the arrested individual has the right take a breathalyzer test or other chemical test to prove thathe or she isbelow the legal limit of 0.08. The results of these tests are now prohibited from being used in a prosecution against the person placed under arrest.

Continue Reading ››

 Posted on October 13, 2017 in Criminal Defense

If you have been charged with a criminal offense, hiring a criminal defense lawyer should be the top priority on your to-do list. But how should you go about doing this? It is critical that you hire an attorney who is a good fit for both you and your case.

Therefore, researching local attorneys who routinely defend clients against charges similar to yours, and who are well respected in the community, is essential. The Illinois State Bar Association’s Your Guide to Hiring a Lawyer can help you do this.

Next, sit down with the attorney in order to assess whether or nothe or she andhis or her firm are a good fit for you.

Consider Asking the Following Questions When Interviewing an Attorney

When interviewing a criminal defense attorney, your main goal should be to assess whether or not the attorney is well equipped to defend your legal interests,is someone you can trust, and has legal feesthat are manageable with regard to your financial situation.

Continue Reading ››

 Posted on October 09, 2017 in Domestic Violence

Protective orders (also commonly referred to as restraining orders) are civil orders designed to protect alleged domestic violence victims (and sometimes their family members as well) against future abuse. Under the Illinois Domestic Violence Act courts in Illinois are permitted to issue a protective order if any of the following types of domestic violence has likely been perpetrated against the requesting petitioner, or their minor child, by a family or household member:

• Physical abuse,
• Harassment,
• Intimidation of a dependent,
• Interference with personal liberty, or
• Willful deprivation.

Who Qualifies as a “Family or Household Member?”

It is important to note that in Illinois a domestic violence protective order can only be issued if the alleged abuser is a family or household member of the petitioner. Code section 750 ILCS 60/103(6) defines “family or household member” as:

Continue Reading ››

 Posted on October 06, 2017 in Shoplifting

Under Illinois law shoplifting (also commonly referred to as retail theft) occurs when someone knowingly steals goods from a retail establishment. While shoplifting in Illinois can be committed in any of the various ways enumerated under 720 ILCS 5/16-25, shoplifting most commonly occurs when someone:

• Takes merchandise from a retail establishment without paying for it; or
• Exchanges the packaging of one item with the packaging of a lower priced item in order to pay a lower price.

Commonly Asserted Defenses

Although every shoplifting defense must be tailored to suit the facts of the applicable case, many shoplifting cases contain similar facts and, therefore, shoplifting defendants often assert similar defenses. Commonly asserted shoplifting defenses include:

Continue Reading ››

 Posted on October 02, 2017 in Criminal Defense

In law and order television programs,characters seen under attack are often able to fight their attackers. In these dramatic scenes, the aggressors end up dead. Viewersare led to believe that everything will work out for the victims as they tell the authorities that they reactedin self defense, killing their attackers, and they are then able to simply returnhome.

While it is true that in America self defense is an affirmative defense (i.e. a defense that will negate liability even if the defendant committed the alleged acts) it should be noted that claimingself defense is actually a bit more complicated in reality.

The Components of a Successful Self Defense Claim in Illinois

Illinois’ self defense statute contained in 720 ILCS 5/6-4 (also sometimes referred to as the use of force in defense of person statute), spells out the requirements that must be met in order for a criminal defendant to successfully argue that he or she wasjustified in using force to defend himself or herself.

Continue Reading ››

 Posted on September 27, 2017 in DUI/DWI

We all know that driving under the influence is illegal, but is it illegal to sleep one off in your car? You may be surprised to learn that, in Illinois, the answer is yes, under some circumstances.

Under code section 625 ILCS 5/11-501(a), it is illegal to drive or be in actual physical control of a vehicle in Illinois while under the influence of alcohol or an intoxicating compound to a degree that you are not capable of driving safely. Therefore, if a court of law determines that an individual had actual physical control of the vehicle that they were sleeping in while intoxicated then that person can rightfully be convicted of driving under the influence in Illinois.

What Does it Mean to Have “Actual Physical Control” of a Vehicle?

Having “actual physical control” of a vehicle essentially means having the ability to operate the vehicle. Illinois case law notes that a person does not need to move, or even have the intent to move, a vehicle to have actual physical control.

Continue Reading ››

 Posted on September 25, 2017 in Traffic Offenses

According to the Daily Herald, the Illinois State Police are searching for a semi truck driver who fled after hitting a 48-year-old tollway maintenance worker recently. The victim was picking up trash on the shoulder of the southbound Tri-State Tollway when the trucker allegedly hit him and sideswiped his parked vehicle. The driver did not stop and, sadly, the worker passed away from his injuries.

Fleeing the scene of an accident is illegal in Illinois and if the driver is found by the authorities, then he or she will undoubtedly find himself or herself in a world of legal trouble.

Fleeing the Scene of an Accident

Under code section 625 ILCS 5/11-401 of the Illinois Compiled Statutes, any driver who is involved in a motor vehicle accident involving personal injuries or death is legally obligated to immediately stop his or hervehicle.

Continue Reading ››

 Posted on September 20, 2017 in Embezzelment

Embezzlement is a type of theft that occurs when a person who has been entrusted with another’s property fraudulently keeps that property for his or herown personal gain or illegally transfers it to a third party. Embezzlement most frequently occurs when money is entrusted to the care of someone who then misappropriates that money in some way.

Examples of Embezzlement

While embezzlement can occur in countless ways, common examples of embezzlement include the following:

• A waitress who pockets cash from a patron’s bill and enters a lesser amount into the cash register so that the till still balances at the end of her shift;
• A payroll department manager of a large company who adds his family members who do not work for the company to the payroll in order to collect checks that they have not earned; or

Continue Reading ››

 Posted on September 18, 2017 in Traffic Offenses

In Illinois, drivers are required by the Illinois State Legislature Vehicle Code to carry at least a minimum amount of auto insurance. Currently, in order to meet our state’s auto insurance requirements, Illinois drivers must carry at least the following amounts of liability insurance:

• $25,000 for bodily injury per person,
• $50,000 for bodily injury coverage per accident,
• $20,000 for property damage,
• $25,000 for uninsured motorist bodily injury coverage per person, and
• $50,000 for uninsured motorist bodily injury coverage per accident.

Some people mistakenly believe that driving without adequate auto insurance in Illinois is not a big deal; however, in reality, drivers who are caught failing to meet our state’s insurance requirements suffer a number of different consequences, the most severe of which are outlined below.

Continue Reading ››