Posted on October 28, 2015 in Homicide

Accidentally killing another person with a vehicle is a tough thing to live with, and while the defendant never meant to take a life, he or she will likely be prosecuted if there is evidence to suggest that the driver acted negligently in some way, and that the negligence led to the death. Frequently, defendants in these types of situations find themselves facing criminal charges, and based on the facts surround the fatal accident, additional charges can be brought against the defendant as well that carry more severe penalties.

Reckless Homicide, Plus Other Charges

The exact details of the accident can have an impact on what charges can be brought against the defendant. As an initial matter, when a motor vehicle accident results in a fatality, an allegedly negligent driver is usually charged with reckless homicide under 720 ILCS 5/9-3, which is a Class 3 felony that carries a jail sentence of between two and five years. But other negligent actions can add to the charges.

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 Posted on October 26, 2015 in Traffic Offenses

Drag racing, sometimes also referred to as street racing, involves at least two vehicles competing in a speed race against one another. Drag racing can be a straight shot, meaning that the racers maintain a straight path, or could be a race along a designated course that comprises public streets, roadways and highways. The object of drag racing is for one driver to arrive at a destination first, and within a short amount of time. However, sometimes the point of street racing is to prevent another vehicle from passing, or is to test the physical limitations and stamina of drivers over the course of a long driving route.

Street racing has been highly popularized over the last decade or so due to its appearance in a number of movies and high profile celebrity deaths. However, drag racing and any other form of racing is illegal on the roads and highways of Illinois under 625 ILCS 5/11-506, and the consequences of being caught participating in street racing activities are severe criminal charges with lasting effects.

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 Posted on October 21, 2015 in Juvenile Crimes

Weapons in schools is an issue that teachers, professors, principals, and school districts do not take lightly, and often any student who brings a weapon into the classroom faces severe consequences for this juvenile offense. A school can be any place of learning, which includes public and private educational institutions ranging from elementary level to college or university.

Severity of Punishment Tied to the Type of Weapon

Illinois statute 720 ILCS 5/24-1(c) specifically addresses how no one may bring weapons into a school, carry weapons on a school bus, or even have a weapon within 1,000 feet of a school. The punishments associated with these crimes vary depending on the threat or potential danger associated with the weapon.

• Guns, rifles and bombs. Under the statute, if a person brings a weapon into a school, such as a gun, rifle, or a bomb, that person will be charged with a Class 2 felony, and faces between three and seven years of jail time;

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 Posted on October 19, 2015 in Expungement

A person’s criminal record is available to and viewable by the public and many people who have a criminal record in their history find that the existence of that criminal record causes a lot of problems. A criminal record might prevent someone from getting a job opportunity, or a scholarship. It can even cause a person problems if they are trying to get into professional school. For those individuals with a criminal record, there is the possibility that your criminal record can be expunged.

What Is Expungement?

Expungement is a legal process for which eligible candidates can petition the court of their sentencing county, and, if successful, an expungement effectively erases past crimes, court supervisions, and certain probations from the individual’s criminal record. This means that your criminal record is cleared of any evidence of those particular convictions, supervisions, or probations. To think of this another way, expunged records are destroyed.

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 Posted on October 14, 2015 in Domestic Violence

Domestic violence is not always physical abuse. Sometimes domestic violence takes the form of emotional abuse, which is executed by the use of threats. Threats can take the form of words or gestures, and under Illinois law, the use of threats against a family or household member is illegal and victims can be protected from it. Threats are considered a form of harassment, because threats, such as threats of physical violence and threats confinement or restraint, are used to cause the victim emotional distress.

Orders of Protection

Victims of domestic violence can seek a protection order from the courts, which prohibit the alleged abuser from abusing them. In the case of alleged threats, the protection order will force the person making the threats to stop doing so.

But sometimes victims claim they are being threatened, when really no such thing happened. False allegations of domestic violence can be made when a “victim” feels threatened, but has ulterior motives for making the false or inflated allegation. There are a number of reasons a “victim” might make a false allegation of domestic violence, such as:

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 Posted on October 12, 2015 in Juvenile Crimes

Bullying in schools is a serious issue that many schools across the country are dealing with and is an issue that is under scrutiny by the public right now. On the one hand, it is important for children to be able to go to school and feel safe, but on the other hand, there is a concern that some children are overly sensitive and that overprotecting children might be doing them more harm than good.

Every school in Illinois is required by law to have a bullying prevention policy in place so that children have a place to learn where they feel safe. Schools not only are launching their own initiatives, but there is also government funding available for schools that make efforts to combat school bullying and other acts of violence in schools.

Where Are Students Protected from Bullying?

Illinois has laws directed to preventing bullying in schools, codified as 105 ILCS 5/23.7, which protects students from being subjected to bullying while a student is:

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 Posted on October 07, 2015 in Traffic Offenses

A host of Illinois residents have certainly received traffic tickets over their lives, but many people do not realize that improper lane usage is a ticketable offense until they are involved in an automobile accident or are pulled over for weaving between lanes. While improper traffic lane usage is only a petty offense, a citation can have a significant impact on your driving privileges and could result in an increase to your insurance. Furthermore, this traffic offense is punishable by a fine of up to $1,000 and up to two years of court supervision.

Under 625 ILCS 5/11-709, vehicles driving along Illinois highways and roadways that are divided into multiple lanes that are going the same direction must stay in their own lane as best as possible. A driver can deviate from their chosen lane of traffic only once the driver has deemed it safe to do so. Lane changes are allowed in order to pass another driver who is moving in the same direction as you, but may only be performed once the passing lane is clear and you have a safe distance in which to pass the slower-moving vehicle.

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 Posted on October 05, 2015 in DUI/DWI

As fall arrives, Illinois law enforcement, through the partnership efforts of the Illinois Department of Transportation and the National Highway Traffic Safety Administration, have been actively and aggressively implementing the Drive Sober or Get Pulled Over traffic safety campaign, a campaign designed to improve awareness and crack down on drunk and drugged driving on Illinois roadways, according to one report. The central theme of the Drive Sober or Get Pulled Over campaign is that drunk driving is preventable, and as such one of the main objectives of the campaign is to raise awareness of this fact.

During the time period between August 24th and Labor Day on September 7th, Illinois law enforcement was out in force, with more officers patrolling the roadways and exercising a zero tolerance policy when it comes to drunk or drugged drivers on the road. There was also an increase in the number of traffic safety checks and officers focused on issuing tickets for seat belt law violators without exception under the Click It or Ticket campaign.

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 Posted on September 28, 2015 in Criminal Defense

You should never seek to hide from the police or try and avoid getting arrested when you know you have a warrant for your arrest. Evading arrest, revisiting arrest, and obstruction of justice are all serious crimes in Illinois. Turning yourself into the police when you have been charged with a crime is often a wise move, if done properly.

Difference between Being Accused and Being Charged

You may want to do the right thing, but you are not sure if you are required to turn yourself in or not. If you have been accused of a crime, that is, someone has said that you committed a crime, but you have not been charged with a crime, you do not have to turn yourself in.

You have the right to not incriminate yourself. This means even if the police wish to question you, you can remain silent instead of admitting you broke the law. You should still seek the advice of a criminal defense attorney, but you are a free man or woman.

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 Posted on September 23, 2015 in Traffic Offenses

In Illinois, there are a number of different traffic offenses that involve a failure of the driver to stop when stopping is appropriate or required. Some of the most commonly cited traffic offenses of this nature include failure to stop at a railroad crossing, failure to stop for a school bus and failure to stop for pedestrians. If you receive a citation for any of these offenses, an experienced traffic offense lawyer can help you fight these alleged violations.

Failure to Stop at a Railroad Crossing

Failure to stop at a railroad crossing is governed by 625 ILCS 5/11-1201. Under the law, a driver must stop at least 15 feet from a railroad track crossing when:

• A railroad crossing gate is lowered;
• Electric or mechanical signage at a railroad crossing indicates that a train is coming;
• A train sounds its horn, signaling that it is approaching the crossing;

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