Posted on January 25, 2017 in Theft

Theft is one of the most commonly committed crimes in Illinois. Theft in the broadest sense involves someone knowingly taking property that belongs to another without permission and with no intention of giving the stolen property back to its proper owner. There are a number of criminal offenses that stem from theft, including:

• Petty theft. Petty theft is also known as misdemeanor theft. Petty theft occurs when the item that was stolen has a value of $500 or less.
• Shoplifting or retail theft. Shoplifting occurs when a person knowingly takes an item from a merchant without paying full price for the stolen item.
• Receipt of stolen property. Receipt of stolen property occurs when someone knowingly accepts property that he or sheknows to be stolen.
• Stealing a motor vehicle. Stealing a motor vehicle arises when a person takes a vehicle belonging to another without permission.

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 Posted on January 23, 2017 in Traffic Offenses

Admittedly, no one enjoys getting a traffic or speeding ticket in Illinois. Getting a ticket can be inconvenient, costly, and time-consuming. Many people find the whole process of being issued a ticket, and then having to deal with the aftermath of the ticket, to be immensely frustrating. Indeed, that is why so many people simply go to the courthouse or go online to pay the fine associated with their traffic citation. Still,what a lot of people do not realize is that by simply paying the fine associated with your traffic citation, you are effectively pleading guilty or no contest to the alleged traffic offense.

By pleading not guilty or no contest the alleged traffic offense, there are many additional consequences that go along with the payment of your traffic citation fine. For instance, it could also result in:

• Points being added to your driving record;
• The loss of your driver’s license;

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 Posted on January 18, 2017 in DUI/DWI

One interesting scenario that people often ask about is whether you can be arrested for driving under the influence (DUI) of drugs or alcohol when you are in the vehicle, but not actually driving the vehicle. The logic is simple: If you are not driving the vehicle while intoxicated, how can you be considered to be “driving under the influence?”

Countless criminal defendants have been arrested by Illinois law enforcement for DUI when they were not actually engaged in driving the vehicle. In fact, anarrest cantake place after law enforcement finds anintoxicated driver stopped at the scene of an accident, or after anofficer finds adriver passed out behind the wheel of a stopped, or even parked, vehicle.

Driving or in Actual Physical Control of aVehicle

Under 625 ILCS 5/11-501, a person shall not drive or be in actual control of a vehicle in Illinois while intoxicated to the point of being incapable of driving safely. The part of the law that confuses many is the “in actual control of a vehicle” language of the statute.

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 Posted on January 16, 2017 in Criminal Defense

Trespassing is a serious offense, and many people in Illinois are charged with criminal trespass every year. If you are facing criminal trespassing charges, you should not delay in speaking with an experienced criminal defense attorney. A skilledlawyer can help you assess your legal options and can assist you with building adefense strategy.

Criminal trespassing under Illinois law occurs when a person unlawfully and without authority knowingly enters the property of another or remains on the property of another without permission. Criminal trespass exists in several forms including:

• Criminal trespass to a residence. Under 720 ILCS 5/19-4, the crime occurs whenever you knowingly and without permission enter the residence of another. Alternatively, it can be criminal trespass to a residence if you enter someone’s residence with permission, but then stay longer than you were authorized to stay. Criminal trespass to a residence might occur if you may have been invited to someone’s home for a party, but then you did not leave when you were asked to leave and you stayed in the home after your permission to be there had expired or been revoked.

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 Posted on January 11, 2017 in Drug Charges

Drug trafficking, and cocaine trafficking in particular, is a serious felony offense in Illinois. The crime of drug trafficking involves knowingly selling, transporting, and importing controlled substances, such as cocaine, with the intent to manufacture or deliver the drugs.

There are two different sets of laws that govern criminal charges associated with cocaine trafficking. When the drug offense is committed within the state of Illinois, generally state law applies to the case. However,if a drug offense is committed across multiple jurisdictions, i.e., the drug offense involved activities occurring in two separate states, then the matter falls under the purview of federal law.

Transporting Cocaine Across State Lines Leads to Federal Drug Charges

One of the most common ways that drug charges go from being a strictly state matter to a federal matter, is when drugs are transported across state lines. Getting drugs like cocaine across state lines can involve:

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 Posted on January 09, 2017 in Criminal Defense

In Illinois, one of the most commonly imposed penalties for misdeeds is to suspend or revoke an individual’s driving privileges. There are countless ways in whichyou could lose your driver’s license in Illinois; therefore, understanding why your license could be suspended or revoked is important.

Refusal to Submit to Chemical Testing

Under Illinois’s Implied Consent Law, anyone who drives on the roadways in Illinois has given implied consent to submit to chemical testing in the event that he or she issuspected by law enforcement of driving under the influence of drugs or alcohol. However, Illinois drivers have the right to refuse chemical testing.

One consequence of refusing chemical testing is that your driver’s license will be suspended for at least six months. If you refuse to submit to chemical testing after being involved in an automobile accident where you are suspected of driving under the influence, your driving privileges will be revoked for at least one year.

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 Posted on January 04, 2017 in Juvenile Crimes

All too many Illinois juveniles end up in the hands of the law after committing minor offenses. A minor might get caught in possession of marijuana, or prescription drugs, or might get arrested for driving under the influence of drugs or alcohol. Minors often wind up in trouble for theft and are charged with shoplifting, robbery and criminal trespassing.

Minors who are arrested and charged with these offenses have to be booked in to jail and then make an appearance in court. Juveniles who are charged with offenses need to get in touch with an experienced criminal defense attorney who has experience in juvenile matters.

One of the most upsetting and often embarrassing aspects of a juvenile’s court appearance for a criminal matter is having to appear before ajudge in shackles. For nearly 30 years it has been customary for juveniles to wear restraints when making a court appearance, regardless of the nature oftheir alleged crime. The thought process behind this protocol is that it promotes courtroom safety and can protect the juvenile from hurting themselves and others. Minors often feel intimidated and humiliated by the experience, and what makes it worse is if the accused minor is actually innocent.

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 Posted on January 02, 2017 in burglary

The word burglary often brings to mind amasked person stealing money from a bank, breaking into a car, or stealing money, jewelry, or other property from a home. However, under Illinois law,burglary can occur in many other places. To limit your understanding of the crime of burglary to only homes and cars would be overly narrow and inaccurate.

Elements of the Crime of Burglary

It is considered burglary to break into and enter a place without permission, such as trailers, buildings, and motor vehicles. But burglary also includes other transportation vehicles, such as watercraft and aircraft, with the intent to commit theft of any other felony offense. When the location that is broken into is a home or other dwelling, i.e., a place where someone sleeps, it is considered residential burglary.

Burglary is not limited tophysical breaking into a new building or vehicle. You do not have to force open a lock or break a window to gain access to abuilding or vehicle in order to constitute an entering for the purposes of burglary. Other ways of gaining entry into a building or vehicle mayinclude:

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 Posted on December 26, 2016 in License Suspension

Being able to drive in Illinois is a privilege, not a right. In order to drive in Illinois, individuals must obtain a driver’s license, and then must obey the rules of the road in order to keep their driver’s license. Committing traffic violations and criminal offenses can lead to the suspension or revocation of a person’s driver’s license. A driver’s license suspension means that your driving privileges are temporarily suspended for a period of time and/or until you pay a required fee. A driver’s license revocation is the termination of your driving privileges indefinitely with no guarantee that you can get them reinstated.

What Offenses Can Lead to a Driver’s License Suspension?

Having your driver’s license suspended can be a major inconvenience. Additionally, you may be required to pay a reinstatement fee in order to get the suspension removed from your driver’s license. There are certain requirements that must be satisfied in order to seek the reinstatement of your driver’s license, and an experienced driver’s license reinstatement lawyer can advise you on what you need to do.

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 Posted on December 23, 2016 in DUI/DWI

If you are arrested for driving under the influence (DUI) of drugs or alcohol in Illinois, it is critically important that you fight the criminal charges that are pending against you. In order to do that, you will need an experienced DUI criminal defense attorney by your side fighting for you the whole way. These are important charges that you need to get reduced or dismissed—the consequences of being convicted for a DUI are life-altering and long-lasting. At worst, a lawyer can simply ensure that you receive fair treatment under the law. Consider the followingwhen looking for a DUI defense attorney.

An Attorney Who is Qualified and Experienced

If you have been charged with a DUI, it is important to hire an attorney who is experienced in handling DUI defenses just like yours. An experienced DUI criminal defense attorney will know the specifics of the law, will understand the criminal court system, and will listen to you as you explain what happened that caused you to get arrested. The outcome of your defense will impact your life in a big way. Do not put your fate into the hands of an inexperienced attorney.

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