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Recent Blog Posts
False Accusations of Domestic Violence: False Claims of Stalking and Harassment
Some instances of domestic violence are actually based on fact. One person in the relationship is overly jealous, jilted or has other issues that make them a violent person, and they act out against their spouse, significant other or partner in a physically abusive, controlling, or manipulative way. But there are many cases where allegations of domestic violence are false, and when false allegations of domestic violence are made, it can have serious impacts on the life of the person who stands accused.
When presented with the idea of domestic violence, many people automatically think of domestic battery, where one spouse, significant other or partner physically abuses the the other person in the relationship. But domestic violence can also include stalking and harassment.
Stalking
For example, stalking is considered a form of domestic violence because stalking occurs when one person (i.e., the alleged stalker) knowingly acts in a way towards another (i.e., the alleged victim) that makes the alleged victim scared for their safety. Stalking is codified in 720 ILCS 5/12-7-3.
Illinois Zero Tolerance Policy for Underage Drunk Driving
Illinois has very strict laws when it comes to underage individuals driving under the influence of alcohol. Illinois is a zero tolerance state, meaning that if an underage driver is asked by law enforcement to submit to a chemical test and it is discovered that the underage driver has a blood alcohol concentration (BAC) of anything other than zero, the underagedriver will be subject to penalties.
Under Illinois’ zero tolerance law, when a law enforcement officer makes a traffic stop and the driver is under the age of 21 and the officer has reason to suspect that the driver may be operating the vehicle under the influence of drugs or alcohol, the officer can require that the underage driver submit to a chemical test. Any concentration of alcohol in the test results will result in the underage driver being arrested and processed for driving under the influence (DUI).
Traffic Offenses: Tickets for Failing to Slow Down
A driver can receive a citation for a number of different traffic violations that involve failing to reduce their speed when a situation on the road warrants slowing down. A few commonly cited traffic offenses that require drivers to reduce their rate of speed include the failure to slow down or reduce speed for emergency vehicles, a failure to slow in a construction zone, and a failure to slow in order to avoid an accident.
Ticket for Failing to Slow Down for Emergency Vehicles
Scott’s Law, 625 ILCS 5/11-907, in memory of Chicago Fire Department Lieutenant Scott Gillen who was killed by a passing motorist while attending to a roadside emergency situation, requires that drivers reduce their speed and attempt to change lanes to give emergency vehicles the space they need to safely tend to emergencies. This includes giving emergency vehicles the right of way when they are driving on the road as well as when they are parked on the side of the road so that emergency responders can safely and effectively respond to an accident or emergency situation.
The True Cost of a DUI
A driving while under the influence of drugs or alcohol charge in Illinois is serious business. Not only does a DUI conviction carry serious penalties, it also carries hefty financial consequences. The consequences for a DUI conviction are laid out in 625 ILCS 5/11-501(c)(1)-(5), which include jail time, fines and mandatory community service. There is also the unfortunate chance that getting a DUI conviction will result in the development of a poor reputation amongst peers and colleagues.
The total true cost for a DUI depends on a lot of factors, such as whether the DUI is a first-time offense, whether there was any property damage as a result of the DUI (as would be the case of a drunk driving collision), whether anyone was hurt as a result of the DUI, and how intoxicated the driver is at the time of the DUI.
Money Considerations
A DUI is an immensely expensive and the costs add up quickly. For instance, you will have to pay:
The Crime of Reckless Driving
One of the most common traffic violations is reckless driving since so many of a driver’s actions while behind the wheel could be construed as reckless driving. Illinois law enforcement and the courts are strict when it comes to reckless driving charges because the driver’s actions may have:
- Put others on the roadway at risk;
- Resulted in property damage to another; or
- Caused an accident where another person was injured or killed.
What is Reckless Driving?
According to Section 625 ILCS 5/11-503, reckless driving occurs when a person drives a vehicle with a willful or wanton disregard for the safety of others, or it a person knowingly drives a vehicle so quickly up an inclined roadway, such as a hill or railroad crossing, as to cause the vehicle to become airborne.
The language of Illinois’ reckless driving statute is often broadly construed by law enforcement, and many drivers are ticketed, or even arrested on the spot, after driving at a high rate of speed, swerving between lanes or around other vehicles, tailgating, not using turn signals properly, or aggressively weaving in and out of traffic – all under the pretenses that the driver was operating the vehicle in a way that willfully or wantonly disregards the safety of others on the roadway.
Juvenile Crime: Even Minor Offenses Can Have Huge Impact on Your Child’s Future
All too often, good kids get involved with a bad crowd and end up getting into trouble with the law. The crimes are usually the result of a moment of poor judgement (sometimes very poor judgement), but are not overly serious offenses. When teens get arrested for acts of vandalism, such as defacing property or damaging property, it can upset the whole family and can affect the teen’s life in unforeseen ways in the future.
Defacement of Property
One of the most common crimes committed by teens involves acts of vandalism or the defacement of property through graffiti art, marking or painting someone else’s property. Teens can face serious consequences, under 720 ILCS 5/21-1.3, if they are caught by police. For instance:
- A first offense that causes less than $300 worth of damage is a Class B misdemeanor, and is punishable by a fine of up to $1,500 and up to six months of jail time;
Consequences of Driving with a Suspended or Revoked License
When your driver’s license has been suspended or revoked, it can become a significant inconvenience for you. You cannot drive yourself places and may have to rely on others for help.
Some people think that they can drive on a suspended or revoked license, just so long as they do not get caught. However, doing so could, in fact, lead to significant penalties and lasting repercussions on the driver’s life.
Being Caught Driving with a Suspended or Revoked License
Illinois law 625 ILCS 5/6-303 prohibits an Illinois driver from operating a motor vehicle while his or her driver’s license is suspended or revoked. As such, drivers face a number of consequences when they are caught driving on a suspended or revoked license, and penalties for doing so vary based on why the driver’s license was suspended or revoked in the first place, and whether this is a first, second, third or subsequent offense.
Criminal Sentencing: How Much Time Does One Serve?
When a person is facing criminal charges one of the primary concerns he or she has is how much prison time is possible. Every crime has a set punishment or range of possible punishments, but in our society that really does not tell us much. Each state is different and has its own complicated systems. Some states have parole; some states do not have parole. Some decrease sentences for good behavior, while others may not. Some have conditional release while others do not. This makes it extremely unlikely that someone who has not gone through the criminal process in a particular state will understand exactly how much time he or she is facing.
Illinois Does Not Have Parole
As a general rule, Illinois does not have a system of parole. Parole is a system where an inmate serves part of his or her sentence and then goes before a board who decides whether he or she should stay in prison or be granted an early release. A person granted parole faces restrictions similar to those on probation until his or her entire sentence is served either in prison or on parole. Illinois used to have a parole system; however, in the 1970s the legislature did away with it. What this means is that there are a few people who were convicted of crimes decades ago that still have a right to parole hearings and who may possibly be granted parole. And, if you commit a crime in Illinois now and you are convicted, you will not be eligible for parole. In addition, crimes in Illinois do often come with a term of supervised release. This is similar to parole, in that it is a period of supervision that comes after incarceration, but it is for a set term of years and does not result in early release.
What is Conditional Discharge?
Nearly everyone has heard of imprisonment as a possible sentence for a crime, and most people have heard of probation. But there is one unique resolution to criminal charges in Illinois that is unfamiliar to many throughout the state: “conditional discharge.” In addition to this, Illinois allows for another type of punishment, as well, known as “court supervision.”
What is Conditional Discharge?
Conditional discharge is a sentence that a judge can impose if they believe that neither a sentence of imprisonment nor one of periodic imprisonment or probation supervision is appropriate. Conditional discharge is similar to probation in that there are certain conditions you must comply with in order to keep your freedom, but it is different in that you do not have to report to or be supervised by a probation officer. The monitoring is done by the court instead of by a probation officer. Conditional discharge results in a conviction on your record. If you violate the terms of your conditional discharge and you get caught then the prosecutor can file a motion to revoke your conditional discharge. They do not have to prove you violated your conditional discharge beyond a reasonable doubt in the way they would have to prove a criminal charge. Instead, they must only prove it by a preponderance of the evidence. If the prosecution is successful, you could wind up with additional terms being added to your conditional discharge, or you could wind up in jail.
Perjury in Illinois
When a person is facing criminal charges, the temptation and incentive to lie can be overwhelming. Very few people want to go to prison or want to be on probation, so many people try their hardest to talk their way out of trouble. Sometimes that talking involves lying. That lying, depending on the circumstances, can result in serious criminal charges, including perjury charges.
What Is Perjury?
If you have been involved in a trial or ever seen a court show on television, you have seen the process of swearing in, during which the witness is asked, “Do you swear to tell the truth, the whole truth, and nothing but the truth?” The witness always responds with “I do,” or “yes,” or some other affirmative answer. With the possible exception of some witnesses who are asserting their Fifth Amendment right to remain silent, witnesses rarely respond “No.” Yet, some witnesses lie. When a witness swears to tell the truth and then fails to do so, the question becomes whether he or she has committed the very serious offense of perjury.
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