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Recent Blog Posts
DUI and Driverless Cars
With technology becoming more ofan integral part in our vehicles, the prospect of having our roadways dominated by self-driving cars is inching closer toreality. It is not hard to identify the perks of driverless cars. Fewer accidents and less road rage incidents are what some autonomous car designers are pointing to with their investors.
One major issue developers are hoping for is that driverless cars will help solve, if not eradicate, the issue of drunk driving. In theory, one would be able get into his or herself-driving car, push some buttons, and have his or hercar deliver the individualsafely to his or herdestination.
Yet oneof the looming questions about whether a person in a driverless car is operating the vehicle for the purposes of a DUI law is the question of who is actually in control.
Autopilot or No Pilot?
One of the first instances of a fatal car accident involving a driverless car was the case where amanwas killed inside of an autonomous Tesla. The individualhad the car on autopilot when the accident happened. Tesla pointed to the fact that even though the car was in autopilot mode, the driver wasstill required to have his or her hands on the steering wheel and wasresponsible for the trajectory of the car.
When is Trespassing a Crime?
Asa youth , sneakinginto a movie theater or a pool after hours may seem like good fun; however, making a choice such as this can turn into a criminal trespassing arrest or conviction.
Illinois law sets out what kind of activity is considered criminally liable trespassing. Those elements include but are not limited to the following:
- A person knowingly, without lawful authority, enters or remains within or on a building;
- A person enters land owned by another, and the owner gave notice that entry was forbidden;
- A person remains upon the land of another after receiving notice that entry was forbidden;
- A person falsely gains access to premises for which general public entry is forbidden; and
- A person intentionally removes notice that entry is forbidden.
What Are the Penalties for Criminal Trespassing?
This is a question for your Rolling Meadows, Cook Countycriminal trespassing defense attorney. The penalties will vary depending on the circumstances of each crime. Generally, criminal trespassing in Illinois is a misdemeanor. Therefore,a conviction will likely encompass a fine; however, it can also land you in jail for up to a year. There are different categories of criminal trespassing, andinclude:
Is it Burglary, Theft, or Robbery?
Burglary, theft, and robbery are serious crimes, and each one hasdistinctive characteristics. Illinois law is very specific in how it defines these crimes and it takes a knowledgeable Rolling Meadows defense lawyer to explain how the laws differ and what the difference means moving forward in your case.
- Burglary is defined by Illinois law as entering the property of another, knowingly, and without permission, and with the intent to commit a theft or a felony once inside the property. It is a common misconception that the property needs to be a home. Boats, cars, railroad cars, even airplanes can be burglarized.
- Theft, as defined by Illinois law, is the unlawful or unauthorized taking of property from another person with the intent to permanently deprive that person of the property.
- Robbery is the most serious of these three offenses and generally carries the most severe punishments. The reason for that is the violent nature of the offense. Robbery is basically theft accomplished through the use of force, or the fear of force.
New Traffic Laws 2017
There are a number of changes to the traffic laws in Illinois—changes of which to be aware because, unfortunately, ignorance of the law is not a defense. The laws encompass areas including:
- When you are required to switch lanes or reduce your speed;
- The distance you have to come to a complete stop in front of a railroad crossing;
- The kind of lights a motorcycle can display for their rear stop lamps; and
- Penalties resulting from a conviction for driving without insurance.
The laws take effect this year in 2017, and some have already been implemented and applied. Traffic violations may seem minor; however, violations can carry heftyconsequences for anunsuspecting motorist. Moreover, traffic violations can result in the loss or suspension of a license and increased insurance rates. Additionally, depending on the severity, traffic violations can even result in jail time.
Accused of Burglarizing a Store? Get a Criminal Defense Lawyer
Burglary in Illinois involves someone knowingly entering a building without permission, and with the intent to commit a theft or a felony. One of the most common targets for acts of burglary are stores and shops.
From large retailers to small mom-and-pop type stores, virtually any type of store can be the target of a burglary or an attempted burglary. The main reason why a person commits a burglary of a store is usually to steal some piece of merchandise or to steal money. But what is interesting about the crime of burglary is that a burglar does not actually have to steal anything in order to commit the crime. Simply breaking into the store with the intent to steal something is enough to warrant a conviction for burglary.
Burglary is a Different Charge Than Theft or Shoplifting
Burglary is often charged when a person breaks into a store with the intent to steal something when the store is normally closed. Burglary could also be charged if a person remains in an open store after being asked to leave, or remains in a store in an off-limits area—in either case while having the intent to steal or commit a felony. Still,burglary is a different offense than theft or shoplifting.
Burglary of a Vehicle: Is it Considered a Break in if the Car Was Unlocked?
It is not unheard of for people to get arrested for breaking into unlocked vehicles in Illinois. In these situations, the individual involved can be charged with a number of different criminal offenses based on the circumstances surrounding their activities.
Anyone who has been arrested and charged with a crime for entering an unlocked vehicle without the owner’s permission needs to consult with an experienced criminal defense lawyer immediately. Your rights are in jeopardy and you need to take steps promptly to protect yourself.
Burglary of a Vehicle
One of the crimes that people who enter an unlocked vehicle without the owner’s permission often face is burglary of a vehicle. When a person knowingly enters a vehicle that he or shedoes not have permission to enter, and the perpetrator does so with the intent to commit a felony or a theft, it can constitute the offense of burglary of a vehicle. Many times, a vehicle is broken into in order to steal something valuable inside. Sunglasses, music players, cell phones, cash, and airbags are all common items that are stolen from unlocked vehicles. Burglary of a vehicle is a felony.
When Juveniles Commit a Theft That Turns Into Residential Burglary
As the weather beginsto warm up, many homeowners in the area will open their doorsand garages to allowthe sunshine in and toair out their homes after a long, cold winter. In suburbia, it is not uncommon for people to leave their garage doors open during the daytime, and to evenleave them open without supervision.
While normally such behavior should be safe, open doorscan be inviting, especially tojuveniles.Take, for example, a group of teenagers who see an open and apparently unguarded garage and enter in search for beer. One teen in the group might dare another to go steal the beer or something else from the open garage. Under pressure from his or her friends, theunfortunate teen will enter the garage and commit the theft.
When Theft Turns Into Residential Burglary
The teen who steals the beer from the garage, however, has done more than merely commit a theft. Because the teen entered the garage of another without permission, and with the intent to steal the beer, the criminal charges the teen can face will likely be upgraded to residential burglary. Why is the upcharge so bad for a teen? Residential burglary is a felony level offense, even if the offender is only a juvenile.
Strangling is Aggravated Domestic Battery in Illinois
Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.
When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.
What is Domestic Battery in Illinois?
In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these actsagainst a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.
A Drug Crime Conviction Could Lead to You Being Deported
Many people who live in Rolling Meadows and the surrounding communities do not have United States citizenship. These individuals are living in the U.S. on a visa or as a permanent resident, or because they hold a green card. Immigrants who are in the United States legally, or even illegally, andfind themselves in trouble with the law over drug offenses could face deportation or removal from the country if they are convicted.
Non-U.S. citizens who are deported are often prevented from reentering the country again for many years after their deportation. Often times, non-U.S. citizens who are convicted for drug crimes involving controlled substances or methamphetamines are more likely to be deported or removed from the country than someone who is convicted for marijuana possession based on small quantities of marijuana. The harder and more addictive the drug that is involved in the crime, the more serious the consequences may be upon conviction.
Facing Life in Jail for a Drug Crime
When many people think about drug charges, they incorrectly assume that a conviction is not a serious matter. For instance, most minor marijuana-related offenses are only punishable by a civil fine, and most low-level drug offenses are misdemeanors. With the stakes so low, people are often not worried if they get caught by the police. However, it is possible for you to go away to jail for life over a drug offense, which is not something that should be taken lightly.
Circumstances Where You Could Face Life in Prison for a Drug Conviction
There are several circumstances when it comes to drug-related crimes that could land you in jail for the rest of your life if you are convicted. Not only could you be facing state drug laws, but you could also be facing federal drug laws, which are often more strict and carry tougher penalties.
Being Caught in Possession of Large Amounts of Cocaine
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