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Recent Blog Posts
Potential Defenses to Illinois Burglary Charges
When you are facing burglary or residential burglary charges, the first thing that you should do is to consult with an experienced criminal defense lawyer. There are several possible defenses to these criminal charges that a criminal defendant can raise, depending on specific circumstances surrounding the alleged crime. Your lawyer can figure out if any defenses apply to your case after discussing the specifics of your alleged crime with you.
Potential Defenses to Burglary Charges
There can be a number of possible defense to burglary and residential burglary charges. Some potential defenses to criminal burglary charges can include:
- Consent was given. In order to commit burglary, the defendant must enter or remain in a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof without authority. If the defendant had permission from the property owner to enter or be in the property that was allegedly burglarized, then the defendant may have an affirmative defense to the burglary charges.
Illinois Legislature Considering Raising the Age for Juvenile Offenses to 20 Years Old
Across the country, there is a significant amount of variability as to when a teen is charged as a juvenile when he or she commits a crime. In some states, criminals are charged as adults as early as 15 years old. In other states, the juvenile boundary is set at 16 years oldwhileseveralstates set thelimit at17 or 18. Currently, in Illinois, the age for juvenile jurisdiction is 18 years old. However, the Illinois Legislature is considering a pair of proposed bills that would raise the age of juvenile jurisdiction to the age of 20.
The Illinois Bills Behind the Change in Age
A pair of bills could make this age change a reality in Illinois. Under HB6308, the Juvenile Court Act of 1987 would be amended such that people under the age of 21, i.e., those who are 20 years old and younger, who are charged with misdemeanor offenses would be treated as delinquent minors. Similarly, HB6191 would amend the Juvenile Court Act so that those under the age of 21 who are charged with felonies would be treated as delinquent minors by the courts.
Illinois Has One of the Lowest Felony Theft Monetary Thresholds in the Country
Illinois has one of the lowest felony theft monetary thresholds in the country. Stealing an item that is valued at $500 or more can land you a felony theft charge under 720 ILCS 5/16-1. While it makes sense that Illinois and law enforcement would want to take a firm stance on theft crimes, it makes less sense how seriously they take low-level theft offenses compared to other crimes and compared to how other states handle the same crime.
Stealing something small but valuable, such as a smartphone, watch, or piece of jewelry, could result in a felony theft charge in Illinois. However, only a misdemeanor charge would result in other states. While each state has the authority to define its criminal statutes the way that state legislatures see fit, felony charges for the theft of an item worth $501 is overkill, in the view of many individuals. When you are facing criminal charges for theft or retail theft, it is important to consult with an experienced criminal defense lawyer as soon as possible.
Illinois Drivers With Suspended or Revoked Licenses Are Likely to be Repeat Traffic Offenders
Ifyour license has been revoked or suspended, a greatburden is placed on you to get around without driving yourself. In order to be in compliance with your sentence, you have to not drive, and may have to take abus, walk, or hitch a ride with friends. However, many individualswho are serving a driver’s license revocation or suspension sentence choose to drive themselves without a license, and hope that they do not get caught.
While it is never advisable, people who have a suspended or revoked license get behind the wheel and may ultimately be caught when they commit some other traffic violation and cannot produce a driver’s license for the law enforcement officer that pulled them over.
Driving With a Revoked or Suspended License a Persistent Problem
E-Ticketing for Traffic Violations is Catching on in Illinois
Traditionally when a driver is stopped in Illinois for a traffic offense, the police officer approaches the driver’s vehicle, asks for the driver’s license and registration, and then asks a handful of other questions. If the officer is going to issue a ticket, the officer must complete the citation form by hand. Filling out the ticket form by hand can present a lot of problems, such as transcribing down information about the driver, vehicle, or offense incorrectly on the form, or the officer’s handwriting could be illegible.
Such problems with handwritten tickets are typically a boon to Illinois drivers. While minor mistakes on a traffic citation generally will not cause your ticket to be thrown out in court (such as an incorrectly cited make of vehicle or vehicle color), a material error (for example, a ticket issued to the wrong name), or a ticket that is completely illegible could get your charges dismissed.
Illinois May Have a Good Samaritan Law for Reporting Overdoses, Yet You Could Still be Charged with Drug Crimes
In an effort to help combat the heroin epidemic that has been plaguing the United States in the past few years, in 2012 the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act was amended to include a provision that provides limited immunity from prosecution for those who witness an overdose and call for help. In other words, those who report an overdose can avoid at least some drug charges. The provision is codified in 720 ILCS 570/414, and is sometimes referred to as the Illinois Good Samaritan Overdose Law.
Good Samaritan Overdose Law Limited to Possession of Drugs That Can Cause Overdoses
The overdose law offers protection to those who report an overdose. However,the protection offered by the law is strictly limited to possession and is limited to small quantities of drugs that are capable of causing an overdose. Those who seek medical attention for someone who is overdosing will not be charged with a Class 4 felony for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for a Class 4 charge was acquired as a result of seeking help for the person who is overdosing.
Illinois Drivers Get Some of the Most Expensive Tickets in the Country
When Illinoisans receive a ticket for a traffic violation, they often considerit as an inconvenience. It means a ticket that they might have to dispute, and a fine. However,few people who get a ticket really understand the long-term impact that a ticket can have on their wallet.
There are hidden costs associated with getting a ticket in Illinois that cannot be overlooked and need to be considered when deciding whether to just pay the fine or to fight theticket.
Illinois Tickets Are Some of the Most Costly in the Country
KMOV.com recently reported on a national study whichrevealed that traffic tickets have one of the biggest impacts on Illinoisdrivers, due to the long-term costs associated with getting a speeding ticket. While the initial cost of the traffic ticket might not be too high, after several years of auto insurance hikes, a ticket can be quite costly. There are a handful of Illinois communities—a majority of which are located in Cook County, including Harvey, Cicero and Park Ridge—where getting a ticket can cost individuals $1,000 more over a five-year period than a ticket would cost other Americans.
Defense Strategies in an Illinois Domestic Violence Case
There are a number of individuals who face domestic violence charges in Illinois and do not know what to do about the charges that are pending against them. Criminal charges can be scary and serious, as a conviction can have a long-term impact on a person’s life.
A domestic violence conviction can impact a person’s ability to go near the alleged victim, stay in their own home, or could impact their child custody or visitation rights. An experienced domestic violence criminal defense lawyer can help with domestic assault and battery charges and any other domestic violence-related legal assistance you might need, such as dealing with charges concerning a violation of a protection order or charges of domestic battery. Criminal defense can be technical and confusing, but those who stand accused should have an understanding of their legal options.
Interfering with the Reporting of Instances of Illinois Domestic Violence
Sometimes domestic situations get out of hand. One person in arelationship or family situation, often a male, might lose his temper or act out angrily at his partner, ex, or family member. The other party, often a woman, is the alleged victim, and she might feel threatened, fearful, or vindictive and could over-react to the situation. She might want to call the police and report the incident as an instance of domestic violence.
Calling the police for a domestic violence situation is a serious matter, since the cops are most likely leaving the scene with someone in custody, usually the alleged abuser. Many people know this and do not want to be arrested. Threats made by the alleged victim to call the police can prompt the alleged abuser to interfere with the victim making the call to the authorities. The alleged abuser might:
- Try to physically prevent the victim from placing a call to the police;
Police Conduct Active Searches for Illinois Distracted Drivers
A significant number ofpeople in Illinois drive while distracted—a action which can leaddrivers tobe issued a traffic citation. Often, a ticket for distracted driving accompanies some other traffic violation, such as following too closely or speeding and causing an accident.
Even if a distracted driver involved in an accident does not admit that he or she was texting while driving when the accident occurred, law enforcement will typically check a driver’s cellphone records around the time of the accident to determine if the driver was interacting with his or her phone at the time of the accident.
Many drivers underestimate how seriously Illinois law enforcement takes the issue of distracted driving. However, do not doubt for one second that police are not looking for signs of distracted driving on the road. Texting while driving is illegal under 625 ILCS 5/12-610.2. If you receive a citation for distracted driving, you should contact an experienced traffic violation lawyer immediately.
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