Recent Blog Posts
Retail Theft: Long Term Impacts of a Conviction for a Crime of Moral Turpitude
There are certain types crimes in Illinois that are considered crimes of moral turpitude. This means that the actions involved in committing the crime run counter to society’s sense of morals. Generally speaking, crimes of moral turpitude involve acts of deception or deceit, and reflect poorly on one’s character or trustworthiness. Examples of crimes that are considered crimes of moral turpitude in Illinois include:
- Retail theft;
- Assault;
- Aggravated battery;
- Stalking;
- Driving while under the influence of alcohol; and
- Burglary.
Many people who commit forms of retail theft often do not think very deeply about the potential consequences they could face if caught and prosecuted under the law. Since no one is physically harmed by the crime of retail theft, many do not think of it as a serious offense or that a conviction could have a long-term impact on their life.
First Time DUI Offender in Illinois? Here’s What You Can Expect to Happen
Being arrested for driving under the influence (DUI) can be scary, especially if you are a first time offender. You are likely unfamiliar with the DUI arrest and charging process, have little idea what happens next, and could use assistancetogetthrough the process. Do not worry: an experienced criminal defense lawyer is able to help you throughout each step of your case.
What Can You Expect Happens Next?
Driver’s License Suspension. Once you have been booked and have had a chance to find a criminal defense lawyer, your driver’s license will be revoked. Driver’s license revocation is an automatic consequence of a DUI charge. If you quickly find a lawyer after being arrested for DUI, your lawyer can get to work preparing a petition for a hearing to rescind your driver’s license suspension.
First time DUI offenders also are able to apply for a monitoring device driving permit, which involves the installation of a breath alcohol ignition interlock device at the offender’s own expense that enables them to drive.
Domestic Battery Requires a Certain Relationship Between the Accused and the Accuser
In Illinois, domestic battery charges are taken very seriously. Just a first time conviction can result in a number of consequences. Possible jail time, a fine, and a criminal record are a few of the more obvious consequences of a domestic battery conviction. However, a conviction can also cause you problems in a child custody battle or when you apply for certain types of employment. Anyone who is facing criminal domestic battery charges needs to seek the help of an experienced criminal defense lawyer as soon as possible.
Victim and Abuser Relations That Warrant Domestic Battery Charges
Domestic battery charges are reserved for alleged abusers and victims that are in a specific domestic relationship with one another. The abuser and the victim must be in a familial relationship or the two must be members of the same household. For instance, battery that occurs between two people in the following relationships constitutes domestic battery:
Changes to Illinois Traffic Laws For 2017
Every so often traffic laws are changed, and new laws are enacted by the state legislature to better address problems that are being experienced on the roads across Illinois. The year, 2017, is no exception.
A handful of traffic laws have been changed and Illinois drivers need to be aware of these alterations. A violation of these new laws can lead to a traffic citation, even if you did not know that you were breaking the law. Ignorance of the law is no excuse or defense to making a violation of the law. The laws have been changed to help improve driver safety in Illinois.
Scott’s Law Has Been Expanded
Illinois retains a law known as Scott’s law, which requires drivers to move over to the opposite side of the road when they are passing emergency vehicles and law enforcement vehicles that are on the side of the road. The purpose of law is to give law enforcement and emergency personnel the space that they need to safely render aid or do their job while on the side of the road.
Narcotic Drug Laws in Illinois
Some of the most commonly committed drug offenses in Illinois involve narcotic drugs. Criminal defendants across Illinois arearrested and charged with possession, sale, distribution, or manufacturing of narcotics, but do not fully understand what those charges mean.
Often,people are unclear on what a narcotic drug is, and instead merely know drugs by their street names—heroin, cocaine, opium. For clarification, under Illinois law, narcotic drugs include:
- Opium and opiates, such as:
- Oxycodone;
- Codeine;
- Hydrocodone;
- Methadone; and
- Hydromorphone.
- Heroin;
- Cocaine; and
- Ecgonine (a cocaine-like substance).
Illinois is tough on drug offenses involving narcotic drugs because of their highly addictive nature, and people who use these drugs often form physical and psychological dependencies on these drugs. There is also a risk that a person taking these drugs could overdose.
Getting a Ticket for Leaving the Scene of an Accident in Illinois
All too many people find themselves ticketed for leaving the scene of an accident in Illinois, and these drivers fail to understand that leaving the scene of an accident is not just a traffic violation—it is a criminal offense. As such, it is important to consult with an experienced criminal defense attorney if you have been ticketed for leaving the scene of an accident in Illinois. A skilled lawyer will be able to identify any potential defenses you have and will work hard to fight the charges that are pending against you.
There are severalreasons why someone might leave the scene of an accident. For instance, you might panic because you do not know what to do. Or, you might leave because you think that there is nothing for you to do about the situation, such as when you accidentally hit a parked car and have no way to leave contact information and have no way to reach the driver of the vehicle you hit.
Changes to the Law Concerning How Juveniles Can Seek Expungements
One of the most detrimental aspects of a juvenile getting in trouble with the law for committing a criminal offense is that the incident will create a law enforcement and juvenile court record for the minor. Parents and affected juveniles can try to obtain an expungement, which means that they obtain a court order that hides the criminal record from the view of the public. However, a few select entities, such as the government, may still have access to expunged records.
Expunging the record means that the criminal record would not appear in a background check conducted by most individuals, and the affected individual would not have to disclose his or herexpunged criminal history.
New Changes to the Law Concerning How Juveniles Can Seek Expungements
The trouble with obtaining a criminal record expungement in the past for a juvenile in Illinois was that there were many restrictions on how and when a juvenile could seek an expungement. However, in2017 there will be several changes made to Illinois’ criminal justice laws. One change that has particular relevance to minors is how juveniles can seek expungement of their criminal records.
The Difference Between Moving Violations and Non-Moving Violations in Illinois
When it comes to traffic violations in Illinois, there are two different categories of offenses: moving violations and non-moving violations. A moving violation occurs when avehicle is in motion, such as while you are driving or while you are backing up. A non-moving violation occurs when avehicle is not in motion or is parked. The vehicle could be running and not moving when you get a non-moving violation.
Examples of Moving and Non-Moving Violations
Examples of moving violations include speeding, reckless or dangerous driving, drag racing, driving under the influence of drugs or alcohol, following too closely, not using turn signals, disobeying posted traffic signs or lights, and texting while driving. Examples of non-moving violations include parking violations, stopping in a no-stop zone, or having an unregistered vehicle or an expired vehicle registration.
MDMA Possession in Illinois
One type of controlled substance that is particularly popular with young people is a drug known as MDMA. Its scientific name is 3,4-methylenedioxy-methamphetamine, and it belongs to the family of drugs more commonly known as methamphetamines.
MDMA, which is more commonly referred to by young people as Ecstasy or Molly, is a synthetic drug, which is taken in order to affect a person’s mood. The drug causes a sense of euphoria and pleasure, which can last for many hours. It is a drug often taken while at parties and dance clubs, but use of MDMA can happen anywhere.
Possession of MDMA is Illegal in Illinois
MDMA was linked to many drug-induced deaths in Illinois in the early 2000s, which prompted Illinois lawmakers to take a firm stance against the drug, imposing very strict consequences for possession, sale, and distribution of drugs like MDMA. It is a felony offense to be found in possession of even a single tablet of MDMA under the Possession of a Controlled Substance laws in Illinois. Possession of MDMA with no other evidence to suggest you intended to commit further illegal activity is known as simple possession.
Why it is Important to Fight Your Illinois Speeding Ticket
Many drivers have traveled slightly too fast while behind the wheel at some point in their driving career. It certainly is not very difficult to exceed the posted speed limit, especially when everyone around you on the road is speeding as well. Drivers can get caught up in the flow of traffic and keep pace with the other vehicles around them. They do not realize that they have exceeded the speed limit until it is too late and a law enforcement officer stops them and issues them a ticket for speeding.
Speeding is often treated as a minor traffic violation. However,if you receivea speeding ticket for driving more than 26 miles per hour over the posted speed limit, it can result in a misdemeanor charge under 625 ILCS 5/11-601.5. A less serious situation may arise when you get a speeding ticket for driving less than 25 miles per hour over the posted speed limit, which results in a citation where the penalty is the payment of a civil fine.