Posted on December 10, 2015 in DUI/DWI

In Illinois, if you use the highways or roadways, you are considered to have given consent to chemical testing if you are arrested for driving under the influence under Illinois’ implied consent laws. A chemical test can either be a breath test, blood analysis, or a urine test, all of which are used to determine the blood alcohol concentration of a suspected drunk driver. You have a right to refuse to submit to chemical testing, but there are consequences for doing so, such as the automatic suspension of your driver’s license for refusal under 625 ILCS 5/6-203.1.

You would think that if you have not been drinking, then you would have nothing to fear in submitting to a chemical test, but this is not necessarily the case. There are a number of substances you can legally consume that can produce a false positive on your chemical test. Even if you have not been drinking alcohol, a false positive will cause you to be arrested for driving under the influence.

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 Posted on December 08, 2015 in Drug Charges

Heroin addiction in the United States is running rampant, with some areas of the country so affected by the prevalence of heroin addiction that the media often refers to it as a “heroin epidemic.” Heroin is very addictive and in recent years it has become popular to mix heroin with other high-enhancing drugs, which has led to an unfortunate and sobering number of deaths.

A New Approach: Treatment Programs, Instead of Jail Time

Police in small towns across Illinois are taking steps to try and help heroin addicts beat their addiction by providing assistance rather than punishment when addicts come forward seeking help. By working with addicts who want to get off heroin, police officers are getting these addicted individuals into detox facilities and into rehabilitation programs rather than putting them in jail. Addicts can even bring their drugs and paraphernalia to the police station for disposal, and the police will not press charges for heroin possession or possession of drug paraphernalia.

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 Posted on November 26, 2015 in Your Rights

Criminal defendants have some of the highest constitutional protections in the criminal justice system. The reason for these rights and protections is because the stakes are so high. If someone is convicted of a crime, they may not only lose their freedom, but also a host of other rights. One of the most important constitutional protections is the right to see the evidence against you. But, even this right has its limits.

Right to Exculpatory Evidence

The most basic right in a criminal trial is the right to see any exculpatory evidence. This means you have a right to see anything the prosecution has possession of, or knows about, that may show you are not guilty of the crime for which you are being charged. This right was laid out in the U.S. Supreme Court case called Brady V. Maryland.

Other Evidence Rights

You also have a constitutional right to confront any witnesses. This limits the use of out of court statements by the prosecution during your trial. You have the right to cross-examine witnesses. You also have a right to see what evidence the prosecution plans on presenting against you in most instances.

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 Posted on November 24, 2015 in Criminal Defense

Under the criminal justice system there is a limit to when prosecutors can bring criminal charges. The time limit is called the statute of limitations. After a statute of limitations has passed a prosecutor cannot bring criminal charges. However, there have been more than a few cases where someone confessed to a crime, thinking the statute of limitations had expired, but were wrong and ended up getting convicted.

Misdemeanors

Under Illinois law the statute of limitations for misdemeanors is 18 months. Even if new evidence surfaces after 18 months, a prosecution cannot be brought. There are certain factors that can stop the statute from running. If you have been legally charged, but fail to show up for court, the statute of limitations is tolled, or put on pause. When you are eventually found, even if it is years later, the case will continue.

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 Posted on November 19, 2015 in Traffic Offenses

One of the most exciting things about becoming a young adult is that teens can obtain driving privileges. Starting as early as age 15, teens can apply for a driver’s permit, and can work their way up through the graduated driver’s license program offered by the Illinois Department of Motor Vehicles. After the permit phase is complete, or when a teen reaches the age of 16, teens aged 16-17 can enter the initial licensing phase, and once a teen turns 18, he or she can enter the full licensing phase. So long as teens comply with the rules set forth concerning the permit phase and/or the initial licensing phase, they can keep happily driving wherever they want to go.

Traffic Violations Impact Teens’ Ability to Drive

However, receiving a citation for a driving offense can impact or endanger a teen’s driving privileges. Juvenile traffic offenses, such as the following, may endanger the privilege of driving:

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 Posted on November 17, 2015 in License Suspension

One of the consequences of being convicted for driving under the influence is that your driver’s license will be revoked. Under the current laws of Illinois, it is illegal to drive a motor vehicle while under the influence of drugs, alcohol, or a combination of both. Upon conviction, a person will lose their driver’s license; more specifically, the Secretary of State will revoke their driving privileges.

The revocation period depends on the number of prior offenses:

• For a first offense, license revocation is for a period of one year, and for those under the age of 21, revocation is for two years;
• For a second offense committed in a period of 20 years, license revocation is for a period of and years;
• For a third offense, license revocation is for a period of 10 years; and
• For a fourth any subsequent offenses, license revocation is for life.

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 Posted on November 12, 2015 in Drug Charges

Illinois Compassionate Use of Medical Cannabis Pilot Program, codified as 410 ILCS 130 et seq., is a temporary test program that will run until the end of 2017, which allows Illinois residents with qualifying medical conditions and diseases to have access to medical marijuana as part of their treatment or pain management regimen. Patients who are eligible under the Act must have a debilitating medical condition as defined in the Act, which includes 39 different conditions, including:

• Cancer;
• Glaucoma;
• Hepatitis C;
• Spinal cord disease or a spinal cord injury;
• Parkinson’s disease;
• Muscular dystrophy;
• Traumatic brain injuries or post-concussion syndrome;
• Rheumatoid arthritis;
• Fibrous dysplasia;
• Wasting syndrome;
• Lupus;
• Seizures; or
• A handful of other rare and painful conditions.

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 Posted on November 10, 2015 in License Suspension

If your driving privileges have been suspended or revoked, it can make commuting a challenging process. You have to rely on public transportation, your friends and family members, or walking or biking to get around. Life may become particularly difficult if you need a car to get to work or school. One solution to the problem, albeit ill-advised, is to risk getting caught and drive without a valid driver’s license. And many people choose to do this, despite the consequences.

A driver’s license is required in order to operate a motor vehicle in Illinois, under 625 ILCS 5/6-101. You cannot drive in Illinois if you have never obtained a driver’s license, or if your license is expired or cancelled. Additionally, driving when your driver’s license is suspended or revoked is prohibited under 625 ILCS 5/6-303. As a general rule:

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 Posted on November 05, 2015 in Shoplifting

Many people do not realize that the crime of retail theft takes multiple different forms. For instance, retail theft under 720 ILCS 5/16-25 occurs whenever someone in Illinois knowingly:

1. Takes something from a retailer without paying. The most typical form of retail theft involves taking an item from a retail establishment where the item was for sale, with the intent to keep the item, and thus deprive the store of the item, without paying for it.
2. Changes or removes the price tag. Altering the price tag or labeling of an item so that it appears that the item costs less than it actually does, and then taking advantage of the misrepresentation to obtain the item for less than it costs, is a form of retail theft.
3. Swaps Packaging. Taking one item out of its packaging, and placing it in the packaging of another, cheaper item, in order to pay the lower price, is a form of retail theft because the seller loses out on the full retail value of that mispackaged item.

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 Posted on November 03, 2015 in White collar crime

Falsifying financial documents can take many forms: falsifying tax returns, bank statements, financial records, accounting documents, earnings reports, securities information, income statements, signatures, and checks are all actions that are meant to deceive the recipient of the falsified document into believing one thing, when the truth is another. These types of white collar crimes constitute deception-based crimes, which take advantage of someone else for personal financial gain.

Forgery

Under 720 ILCS 5/17-3, a person is guilty of committing forgery if he or she knowingly makes a false document or alters a document to make it false with the intent to defraud someone such that the forged document is capable of defrauding another. Forgery can including knowingly giving someone a forged document, with the intent to defraud the recipient, or simply being found in possession of a forged document with the intent to deliver the forged document to someone, with the intent to defraud.

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