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Recent Blog Posts
How to Avoid DUI Charges on Holiday Weekends
According to national statistics from the Insurance Institute for Highway Safety, July 4 is one of the most dangerous days of the year for fatal car accidents involving alcohol. Drinking is a part of many Fourth of July celebrations, and understandably, law enforcement officers in Illinois and throughout the U.S. are always on high alert for drivers who show signs of impairment. A DUI arrest could easily ruin your holiday weekend, especially if you are in an accident resulting in injury or death. You should be careful to avoid putting yourself in a situation in which you could face serious criminal charges.
Refrain From Drunk Driving
Fourth of July, Labor Day, Thanksgiving, Christmas, and New Year's are all holidays where family and friends enjoy getting together and celebrating. The best way to avoid DUI charges is to avoid driving altogether if your abilities may be impaired by alcohol. Here are some suggestions that can help keep you and others safe on holidays:
Can I Be Charged with Homicide Due to an Illinois Car Accident?
Fatal car accidents are a sad reality in Illinois, with around 1,000 people losing their lives each year. These crashes are an undeniable tragedy for the victims and their families, and they can also be incredibly difficult for the other drivers involved, who are left to cope with the mental impact and the legal consequences they may face in civil and criminal court. If you have been involved in a fatal car crash, you could face homicide and other felony charges, and it is important to work with an attorney who can help you protect your rights.
Understanding Reckless Homicide Charges in Illinois
It is important to note that not all fatal accidents will result in criminal charges against one of the drivers involved. However, if there is evidence that a driver was acting recklessly at the time of the crash, they may be charged with the criminal offense of reckless homicide. The standards for determining recklessness are similar to those for a regular reckless driving charge.
Defending Against Burglary Charges in Illinois
Burglary is commonly thought of as being synonymous with theft, but its legal definition is significantly more complicated. If you have been charged with a form of burglary in Illinois, it is crucial that you understand what you have been accused of and the severity of the possible penalties you may face. An experienced attorney can not only ensure that you are well-informed but can also provide you with the defense you need to protect your rights.
What Is Burglary?
According to Illinois law, burglary at its most basic is defined as unlawfully entering or staying in someone else’s property with the intention of committing a crime of theft or any felony offense. Burglary can happen in buildings and various types of vehicles, including cars, trucks, boats, aircraft, and railroad cars.
- Burglary charges can significantly range in severity depending on factors including the location, the presence of other people, and the damage done. For example:
What Are the Laws on Concealed Carry of Firearms in Illinois?
Even though the right to own firearms is written into our country’s constitution, gun ownership has been a highly contested issue in the United States for years. Illinois was the last state in the country to legalize the concealed carry of firearms in 2013, finally allowing its citizens to keep a firearm on their person without it being in plain sight. To legally practice this right, however, you must follow certain rules and procedures, or you could face criminal charges.
Gun Ownership Laws
In the state of Illinois, you are permitted to own firearms, but only after you have received your firearm owner’s identification (FOID) card. The requirements for getting a FOID card include being at least 21 years old, not being a convicted felon, and not being addicted to narcotics, among other requirements.
If you wish to carry a firearm on your person and keep it out of plain view, you must have a concealed carry license (CCL). Requirements to receive a CCL are similar to those for a FOID card, but there are additional requirements that must be met. The requirements for receiving a CCL include:
Defense Strategies for Criminal Charges Related to Possession of Heroin or Cocaine
In Illinois, the criminal consequences for possession of illicit substances vary significantly by the type and quantity of the drug. Possession of cocaine or heroin are felony offenses punishable by several years to several decades in prison. The greater the quantity of the substances allegedly in your possession, the harsher the penalties. Second or subsequent offenses and cases involving certain aggravating factors such as possession near a school are penalized more heavily. Criminal charges for possession of an illicit substance have the potential to dramatically impact your life. If you have been arrested for possession of heroin or cocaine, it is crucial to assert your rights and build a strong defense against the drug possession charges.
Drugs Were Discovered During an Illegal Search and Seizure
Many drug-related arrests are the result of law enforcement officers searching an individual’s personal property. The Fourth Amendment to the U.S. Constitution protects citizens’ privacy and prohibits “unreasonable” search and seizure of property. Typically, to search a person or his or her property, a police officer must have:
Has COVID-19 Led to an Increase in Reports of Domestic Abuse?
February is National Teen Dating Violence Awareness Month, which brings to light domestic abuse issues. This past year has been difficult for many people due to the health and economic crisis caused by COVID-19. Unfortunately, this hardship has led to more reports of domestic violence in U.S. households. Spouses or romantic partners who have lost relatives to the virus or who are facing financial crisis due to a job loss may take out their anger and frustrations on each other. Arguments are normal within relationships, but when disputes turn to physical altercations, criminal charges can be filed. In some cases, however, a person may be falsely accused of abuse by a family or household member. If you are facing charges of domestic violence in Illinois, you need a skilled criminal defense attorney to help you avoid a conviction.
Accusations of Violence
New Illinois Law Impacts Traffic Violations in Speed Camera Zones
The start of a brand-new year often means the passage of new laws, which may affect certain criminal offenses. New Illinois legislation going into effect in 2021 includes increasing the minimum wage, capping the out-of-pocket costs for insulin, and enhancing the penalties for speeding in the city of Chicago. Beginning on March 1, 2021, any person driving 6-10 miles per hour (mph) over the speed limit in Chicago speed camera zones will receive a ticket. Motorists traveling 6-10 mph over the speed limit will be fined $35, and those traveling 11 miles or more over the speed limit will be fined $100. The city is launched a 44-day warning period that began on Jan. 15. This means anyone caught going 6-10 mph over the posted speed limit will receive a warning in the mail.
Vehicle Fatalities Increased During the Pandemic
Chicago city officials stated the new speeding law was issued in response to a substantial increase in vehicle speeding and traffic fatalities. A study by the Northwestern University Transportation Center last spring found despite a decrease in crashes during the coronavirus crisis, the severity of the injuries sustained increased. Illinois saw an 11 percent increase in vehicle-related deaths in just the first quarter of 2020 compared to the same time frame of the previous year. Traffic analysts figure it was due to drivers who felt like they could go faster since the roads were less congested.
What Are the Illinois Penalties for Possession of Heroin or Cocaine?
Although a limited amount of recreational marijuana is legal in some states now, including Illinois, there are still many drugs that are considered illegal in the state. To combat the prevalence of drug use and its negative consequences, the Illinois Controlled Substances Act criminalizes the knowing possession, manufacture, and delivery of specific controlled substances. Under this law, certain dangerous drugs are categorized by Schedules. The possession of drugs like heroin or cocaine can carry significant penalties, such as a long time behind bars. In addition, if someone possesses certain drugs and intends to sell them, the punishments increase. A criminal conviction of this nature can impact an individual’s personal and professional life. That is why anyone facing such charges needs a knowledgeable criminal defense attorney who can provide quality legal representation to achieve a positive outcome.
How Are Criminal Charges of Battery Punished in Illinois?
Many people think the terms assault and battery are synonymous. However, under Illinois law, they are two separate criminal offenses. Assault is defined as the threat of bodily harm that causes fear of harm to the victim. Battery is actual physical harm to another person. The penalties for these crimes can range from fines to jail time. In some cases, there are factors that elevate the crime to aggravated charges, which result in harsher punishments. A conviction for aggravated battery can impact a person’s professional and personal life. An experienced criminal defense attorney can explain the potential implications, and provide quality representation needed to avoid a conviction for this type of violent crime.
Simple Battery Charges
Basic battery charges in Illinois involve insulting or provoking physical contact or intentionally causing bodily harm to another. A few examples of actions that constitute battery include:
What Are the Different Types of Fraud Charges in Illinois?
When you hear the word “fraud,” you may imagine some form of theft or deceitful behavior. Fraud is often generally defined as “any act in which one person intentionally misrepresents an existing fact to another in order to induce the other person to act or to gain something of value.” It is important to note that there can be many actions that may be considered a type of fraud. In some cases, an individual may not even know what constitutes this type of crime. Illinois law defines seven categories under which criminal charges of fraud can be filed. The penalties vary depending on the circumstances, but regardless, the consequences can be serious. Therefore, if you or someone you know is facing such charges, it is imperative that you seek legal counsel from a skilled attorney who can build a solid defense on your behalf.
Understanding Fraudulent Actions
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