Posted on July 31,2019 in Juvenile Crimes

The law on juvenile delinquents in Illinois is garnering international attention. Together, the Justice Lab and Juvenile Justice Initiative are meeting with individuals from Germany and Croatia that are involved in the juvenile justice system in their own countries. Among them are prosecutors, judges, and probation leaders. Their hope is to create better strategies to deal with juvenile delinquents in Illinois so the state can see reduced recidivism rates and help enable the state’s youth for a better tomorrow. One of the main factors they are considering is raising the age of juvenile delinquents in the state.

The Current Law

Currently, anyone that is 18 or younger and charged with a crime is considered a juvenile delinquent. Historically, anyone charged with a felony was charged in adult court, regardless of their age. That law was changed in 2014 so that those under the age of 18 and charged with a felony were also considered juvenile delinquents.

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 Posted on July 24,2019 in Theft

Many people use the terms theft, robbery, and burglary when referring to theft crimes. While these crimes do have similarities, they also have their differences. Of these, the most significant are the penalties you will face if charged. Due to this, it is important you understand the differences between these different crimes.

Theft

The Illinois Criminal Code of 2012 defines three circumstances that could constitute theft. These include:

• Unlawfully taking property that belongs to another person;
• Taking property from another person through deception or threats; and
• Gaining control of property you know is stolen,

Theft is classified as either a misdemeanor or a felony. If the property stolen was valued at $300 or less, and was not taken from someone’s person, it is a Class A misdemeanor. If convicted, those charged face up to one year in jail and a maximum fine of $2,500.

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 Posted on July 17,2019 in DUI/DWI

If you are convicted for driving under the influence, it will have a severe and devastating impact on your life. You will likely have your license suspended, face crippling fines, and possibly even jail time. Even after serving a sentence or paying a fine, a conviction will still remain on your record. That could keep you from gaining employment, housing opportunities, and possibly prevent you from obtaining a professional license or seizing academic opportunities. To avoid these consequences, you need a strong defense for your DUI charges, and a Rolling Meadows criminal defense attorney can help you with it. Below are some of the most common defenses used against DUI charges.

Illegal Traffic Stop

In Illinois, police must have reasonable cause to pull you over. They cannot stop you simply because they suspect or have a hunch that you are intoxicated. Reasonable cause means they must have seen you violate a traffic law, such as running a red light or driving a car with a broken or missing taillight. If the officer that pulled you over cannot provide a satisfactory reason why they had reasonable cause, the evidence in the case can be suppressed.

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 Posted on July 10,2019 in Criminal Defense

Whether you are facing DUI charges, drug possession charges, or any other criminal charge, chances are you are pretty scared. However, the case is not as hopeless as it may seem. Often, those accused are fearful because they simply do not know what is coming next. They do not know what to expect, and they fear the worst. While a Rolling Meadows criminal defense attorney can fully explain the process, below are the basic steps you will go through after being charged.

The Arrest

An arrest does not occur until an officer has detained or restrained you, and taken you to a holding facility. If this occurs, you should say as little as possible. Anything you say can be used against you later in the case. You should speak to an attorney as soon as possible, and a lawyer can speak on your behalf. You should always be advised of these rights. If you are not, the arrest is unlawful and your case could be thrown out.

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 Posted on June 26,2019 in Traffic Offenses

In early May, a Berwyn woman was taking an Uber home after celebrating her 23rd birthday in Chicago. On her way home, a drunk driver crashed into the vehicle she was in, killing her and injuring three others. The driver fled the scene and was caught shortly after. Now, he faces many charges, including leaving the scene of an accident.

In Illinois, it is law that all drivers stop at the scene of any accident they are involved in. When they do not, they face serious penalties.

Leaving the Scene of an Accident Involving Property Damage

Even when there is only property damage and no real injury to anyone involved, all drivers must still stop and report the accident to the police. Failing to do this is considered a Class A misdemeanor. Although these are some of the least severe charges a person could face after leaving the scene of an accident, the consequences are still serious. This crime is punishable by up to one year in jail, a $2,500 fine, and a probation period of up to 24 months.

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 Posted on June 19,2019 in Criminal Defense

Whether it is for a traffic violation, a possession charge, or an accusation of any other crime, being arrested is a very scary thing. It is natural for the body’s fight or flight response to kick in, and for people to try and resist the arrest. However, this is a very bad idea. Resisting arrest will only lead to additional charges and, if an officer becomes injured, it is charged as a felony. Instead, those charged should comply with the arresting officer and then call a Rolling Meadows criminal defense attorney that can help them beat the charges.

Resisting Arrest in Illinois

In Illinois, resisting arrest is defined as knowingly interfering with, or obstructing an officer’s attempt to make a legal arrest. It is most often charged as a misdemeanor, but this charge still holds serious consequences for those accused. If the offender injures a police officer while resisting arrest though, it is charged as a Class 4 felony. The extent of the injury is not considered, meaning even a minor injury to an officer is enough to result in felony charges.

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 Posted on June 12,2019 in DUI/DWI

It was in February of 2019 that a woman was convicted of an aggravated DUI after crashing into a stalled vehicle on the Murray Baker Bridge in 2017, killing another woman. She faced up to 14 years in prison, but recently was sentenced to three years. Under her no contest plea, she is eligible for appeal and probation, but must serve at least 85 percent of her sentence.

Any DUI is considered a serious offense in the state of Illinois. An aggravated DUI however, involves certain factors that upgrade the crime to something more serious.

Misdemeanor DUI vs. Aggravated DUI

Most DUIs in Illinois are considered Class A misdemeanors that carry a maximum sentence of one year in prison. Many first offense misdemeanor DUIs do not involve any jail time. When there are certain other factors involved in the crime, known as aggravating factors, the charge of DUI is upgraded to a felony or an aggravated DUI.

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 Posted on June 03,2019 in Traffic Offenses

The last week of April was Distracted Driving Awareness Week in Illinois, and troopers all across the state participated. Over the seven-day span, they issued a total of 566 distracted driving tickets. The campaign could not have come at a better time, as drivers in Illinois are about to face much steeper penalties if they regularly text and drive.

Current Illinois Law on Texting and Driving

Currently in Illinois, it is illegal for any driver to use a handheld device while driving. This is covered under the statute 625 ILCS 5/12-610.2. This law, which is one of the stricter distracted driving laws in the country, states that no driver shall hold a cellphone or electronic device, including tablets, while they are behind the wheel of a car that is moving.

Under this law, there are only a few instances in which the use of an electronic device is legal. These include:

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 Posted on May 30,2019 in Traffic Offenses

In the first two and a half months of the year, 13 State Troopers have been hit by vehicles while working on the side of the road. In early January, one was fatally struck and killed while working the scene of an accident. The number is too high in the state, and Illinois State Police are trying to change that. With a blitz on social media, they are reminding all drivers about Scott’s Law, and what can happen if they fail to comply and reduce speed to avoid an accident.

Scott’s Law

According to 625 ILCS 5/11-709, Scott’s Law requires all motorists to move to another lane when approaching an emergency vehicle on the side of the road. The law was named after Lieutenant Scott Gillen, a firefighter with the Chicago Fire Department that lost his life after being struck by a passing vehicle while he was working the scene of an emergency. It is also sometimes called simply the “Move Over Law.”

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 Posted on May 23,2019 in Felony

Recently in Macon County, a man was found guilty of delivering heroin, which is a Class X felony. While many people understand what a Class 1 or Class 4 felony is in the state, what exactly is a Class X felony in Illinois?

Other than first-degree murder, which is not classified, a Class X felony is the worst charge a person can face. It has mandatory jail time, and sentences are typically for a long period of time. Due to this mandatory sentence, negotiating with the prosecution to reduce the Class X felony charge is very difficult. Anyone charged with this type of felony in Illinois must speak to a Rolling Meadows criminal defense attorney to give them the best possible chance of success in court.

Class X Felonies in Illinois

Under Illinois law, there are ten different charges classified as a Class X felony. These include:

• Aggravated kidnapping;

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