Posted on August 07, 2017 in Illinois Laws

Did you know that in some criminal cases Illinois prosecutors are bound by a statute of limitations (SOL) that limits the timeframe within which they are permitted to file criminal charges against you? This means that if you commit a crime in Illinois, and are not officially charged before an applicable statute of limitations clock expires, then the government will more often than not be barred from charging you with that crime in the future.

This may sound fairly straightforward, but keep in mind that Illinois does not have a statute of limitations that applies to every crime. Moreover, there are circumstances under which a statute of limitations clock can be tolled (i.e. suspended) for a time, and in some cases it can be very hard to tell when the period of limitation begins.

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 Posted on August 02, 2017 in Robbery

Burglary and robbery are legal terms that are commonly conflated. However, under Illinois law these terms refer to two distinct crimes. In a nutshell, a burglary occurs when a perpetrator enters a structure where he or she isnot legally permitted to be with the intent to commit a crime therein, while robbery on the other hand occurs when force, fear, and/or intimidation is used to take property from the person of another. However, it is important to note that burglary and robbery are defined slightly differently in each state.

Illinois’ Definition of Burglary

The Illinois Compiled Statutes, under section 720 ILCS 5/19-1, defines burglary as knowingly entering, or remaining in, a building, watercraft, house trailer, aircraft, railroad car, or motor vehicle without the authority to do so, with the intent to commit a felony or theft therein. However, if the intended felony or theft involves damaging a vehicle, removing part of a vehicle, or tampering with a vehicle then the perpetrator likely has not committed burglary.

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 Posted on July 28, 2017 in DUI/DWI

If you are convicted ofdriving under the influence (DUI) in Illinois your driver’s license may be suspended, revoked, or placed under supervision. However, the fact that you have been convicted of a DUI does not necessarily mean that that your driving privileges will be curtailed. It all depends on the circumstances surrounding your DUI.

Before we examine some situations under which driving privileges are often limited in connection with DUIs, let us briefly discuss the difference between a revoked license, a suspended license, and a supervised license in Illinois.

While there are a variety of technical differences between a revoked and a suspended license, the key difference is that a suspension has an end date while a revocation is permanent. A suspended license can be reinstated after a certain amount of time has passed and a hearing officer from the Secretary of State has confirmed that all stipulated requirements have been satisfied. However, a revoked driver’s license can not be reinstated (although the driver can usually apply for a new license after some time has passed). Furthermore, a license suspension is often temporary and will be lifted as soon as the driver successfully jumps through specified hoops (for example, paying fines, maintaining a clean driving record, completing alcohol classes etc.).

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 Posted on July 24, 2017 in DUI/DWI

All driving under the influence (DUI) convictions are serious offenses. But, in the eyes of the law, an offender who is caught driving while impaired by drugs or alcohol under certain extreme circumstances is seen as being as being more morally culpable than others, and can therefore be charged with the elevated offense of aggravated driving under the influence (also referred to as felony DUI).

Each state defines aggravated driving under the influence a bit differently. However, here in Illinois, felony driving under the influence is codified under code section 625 ILCS 5/11-501 and, in a nutshell, states that an individual commits an aggravated DUI when he or she is in actual physical control of a vehicle in Illinois while under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof, and any of the following aggravating factors were present:

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 Posted on July 19, 2017 in Disorderly conduct

When an individual disturbs the peace in a manner that threatens public safety, it is likely that he or she hascommitted the crime of disorderly conduct. However, each state defines disorderly conduct a bit differently. Therefore, in order to determine whether a disruptive individual in Illinois can be rightfully convicted of disorderly conduct, onemust closely examine our state’s disorderly conduct statute.

Illinois Compiled Statutes Section 26-1: Disorderly Conduct

Under 720 ILCS 5/26-1 a person commits disorderly conduct in Illinois when he or she knowingly:

• Acts in an unreasonable manner as to alarm or disturb another person and to incite a breach of the peace;
• Tells, or causes another to tell, the fire department that there is a fire while knowing that it is not reasonable to believe that the fire exists;

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 Posted on July 17, 2017 in Domestic Violence

In Illinois, there are three different types of protective orders (also referred to as restraining orders); emergency protective orders, interim protective orders, and plenary protective orders. If a protective order has been filed against you it is important that you understand which type of order you are facing so that you can take the necessary steps to protect your legal rights. Read on to learn about the three types of protective orders available in Illinois and then contact a local order of protection criminal defense lawyer to discuss your legal options.

Emergency Protective Orders

An emergency protective order offers short-term protection to the accuser and can be issued solely based on his or hertestimony. Furthermore, under some circumstances an emergency protective order can be issued ex parte, i.e. against you without prior notice. Emergency protective orders are temporary in nature and are designed to be in effect until a full hearing for a more long-term protective order can be held (this usually takes place within 14-21 days).

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 Posted on July 12, 2017 in Juvenile Crimes

For good or ill, underage drinking is a rite of passage for many young people, though it often leads to legal trouble for those involved. While such issues are commonly seen as youthful peccadilloes, in reality an underage drinking issue can affect a young adult’s future in a significant manner.

If a parent or authority figure becomes aware of minor in possession charges entered against a son, daughter or ward, it is incumbent upon both them and the young adult to become aware of the potential consequences if convicted of such a charge.

Restrictions & Exceptions

Illinois has very strict regulations regarding minors caught with alcohol. Generally, if one is under the age of 21, it is illegal to either possess or consume alcohol. If they are observed doing so in public or in ‘a place open to the public,’ they may be charged with a Class A misdemeanor.

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 Posted on July 10, 2017 in Shoplifting

Shoplifting (also know as retail theft) is the willful theft of goods from a retail establishment while posing as a customer. Shoplifting is a crime that occurs frequently in Illinois and throughout the United States. In fact, the National Association for Shoplifting Prevention (NASP) reports that more than 10 million people have been caught shoplifting in the United States over the last five years.

Despite the prevalence of shoplifting, this crime is not frequently reported on and is often misunderstood. Consider the followingfrequently asked questions about shoplifting and Illinois’ shoplifting laws.

Q: What is the profile of a typical shoplifter?

A: According to the NSAP, there is not really a “typical shoplifter.” Men and women appear to steal from stores at comparable rates. However, approximately 75 percent of shoplifters are adults while only 25 percent are children.

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 Posted on July 05, 2017 in Your Rights

Section 6-303 of the Illinois Code makes it illegal to drive a motor vehicle if your driver’s license is revoked or suspended. But what is the difference between a revoked license and a suspended license?

An article from The Balance summarizes the key difference well by noting that “a suspended license is bad and a revoked license is very bad—a suspended license is a temporary hardship, but a revoked license is permanent.” Consider the following additionaldifferences that differentiate a revoked driver’s license from a suspended driver’s license in Illinois.

Key Differences

The main difference between a revoked driver’s license and a suspended license is that suspensions have an end date while revocations mean an indefinite loss of your driving privileges. This is because a suspended driver’s license can be reinstated after you have attended a reinstatement hearing with a Secretary of State hearing officer and have complied with all post-hearing requirements.

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 Posted on July 03, 2017 in Traffic Offenses

It is not uncommon for people to treat moving violations as inconsequential or somehow beneath notice, therefore paying the requested fine quickly and proceeding on their merry way. However, many will then receive a rude awakening as their driving privileges are affected, especially if they have a history of multiple speeding tickets or other moving violations. Therefore, it is important for Illinois drivers to be aware of the potentially punitive consequences that may result if too many tickets or citations are incurred.

Classification Differences

The significant majority of traffic offenses are characterized as either petty or as misdemeanors under Illinois law. Petty offenses are punishable with merely a fine, usually no more than $1,000, though there are always exceptions depending on the egregious nature of the conduct. Examples include driving without auto insurance and failing to wear a seat belt while driving or riding in an automobile. While a petty offense is still something to take seriously, it is the lightest type of offense that can appear on one’s record, and is the classification for which it is most likely to receive supervision or probation as a sentence instead of a particularly heavy fine.

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