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Recent Blog Posts
Illinois Rules for Owning and Carrying a Gun
The state of Illinois has a highly specific law regarding gun ownership and concealed carry rules. Guns are legal to carry as long as the owner has the proper paperwork which gives them the right to carry.
Those who illegally carry a firearm will face misdemeanor charges for first offenses and possible felony charges for subsequent offenses. Illegal gun carriers will also face felony charges if they discharge their weapon resulting in injury or death of a victim.
Requirements for Owning and Carrying a Firearm
There are two types of permits that a person needs in order to legally possess a gun in Illinois. Homeowners who wish to possess a firearm for security purposes only need to apply for a Firearm Owners Identification Card (FOID). If a person meets the requirements for the FOID, they can then possess a gun within their home, but cannot carry it out of their home unless it is unloaded and stored inside a proper container.
Understanding Illinois’ Retail Theft Law
Stores have many methods of keeping their merchandise and location safe from thieves, but it can still happen from customers and employees alike. People who attempt to steal from a store will face serious consequences if they are caught. Retail theft may be a tempting idea for people who are desperate for food or clothes, but offenders will be charged with misdemeanor or even felony charges if caught.
What Does the Law Say?
The state of Illinois punishes alleged thieves whether they are a person off the streets or someone who works for the business. It also covers a variety of ways that people can attempt to steal. Most simply grab an item and leave the store, but other types of theft that the law covers are:
- Altering and/or removing labels from items to make them “less expensive” when the cashier rings up the item.
- Taking an item from the container in which it is being stored with the intention of stealing the merchandise.
How Are Drug Dealers Punished in Illinois?
Marijuana will soon be legal for recreational purposes in Illinois, however, there are still specific dispensaries that will sell the drug. Other illegal substances such as opioids and narcotics are not to be sold in the state or brought into Illinois from other states/countries. Selling or trafficking illegal substances is breaking the Illinois Controlled Substance Act, and can lead to a drug crime conviction punishable as a felony. Consequences vary depending on the amount of drugs involved in the violation.
What Is Illinois Controlled Substance Act?
Illinois created the Controlled Substance Act to clearly define what would happen if a drug dealer is caught during a sale or if someone is found trafficking in drugs from other states. The law covers controlled substances, counterfeit substances, and controlled substance analogs.
The Act includes detailed accounts for what type of felony punishments a person can face if they are charged with drug dealing of substances such as cocaine, morphine, methamphetamines, and LSD:
Is There a Difference Between Robbery and Burglary in Illinois?
The state of Illinois does have separate laws in place to differentiate between robbery and burglary. Both are very similar crimes that involve someone breaking into a specific property, vehicle, or business and either taking items or has the intent to steal items.
The act of burglary is defined by Illinois law as a person(s) unlawfully entering a property without permission of the owner with the intent to steal items while on site. Even if no property is taken, a person can be charged with burglary if the intent to steal is proven.
Illinois law defines robbery as a person(s) taking property from another person with the use of force or threat. The law does not cover automobiles, but Illinois does have a separate law for vehicular theft.
Robbery can be boosted to aggravated charges if an offender uses a gun, knife, or other weapon during the crime.
What Are the Punishments?
Using a Cell Phone While Driving Now Considered a Moving Violation
Illinois State Police estimates that every year distracted driving is the cause of more than 1 million crashes. Of those accidents, the economic damages - injury and death - add up to close to $40 billion. This is why Illinois is cracking down on cell phone usage while behind the wheel. The law changed on July 1 and now states that using a cell phone while operating a motor vehicle will be considered a moving violation on the first violation.
What Was the Previous Law?
Before the first of July, drivers who were stopped because of cell phone usage behind the wheel were given a verbal warning that if it were to happen again, they would face a traffic violation. The subsequent traffic stops would result in a moving violation and a fine would be issued depending on how many violations the driver has had:
- First offenses are punishable by a $75 fine.
- Second offenses are punishable by a $100 fine.
Defending Against Construction Zone Traffic Tickets and Fines in Chicago
Illinois has plenty of rules for motorists to remain safe when driving through construction zones. According to the Illinois Highway Safety Plan, motorists are more likely to be injured in a construction zone accident than workers, but the rules are put into place to avoid any accident or injury. Those who do not adhere to the construction zone rules are putting their lives and the lives of the workers at risk. Motorists who are caught will be charged with a commercial driver’s license violation which leads to traffic tickets and fines.
What Are the Punishments for Construction Zone Violations?
Distracted driving is one common violation that can result in a motorist being pulled over and ticketed. If someone is talking or texting on a cell phone, the fine is $75 for first offenses and increases to $150 for subsequent offenses.
Speeding in a construction zone is a ticketed offense whether or not there are workers present. This is because 90 percent of work zone fatalities are motorists and not workers, according to the Illinois Highway Safety Plan. First offenses for speeding in a construction zone are punishable by a minimum fine of $375 and subsequent offenses result in a minimum fine of $1,000. If the subsequent offense happens within two years of the first offense, a motorist will have their CDL suspended for 90 days.
What Are the Penalties for Growing Marijuana in Illinois?
Ten states in the United States plus Washington D.C. have legalized recreational marijuana, but Illinois is not one of them. Though the state may be getting closer to legalizing the substance, it is still considered a drug crime to possess weed. This includes the cultivation of cannabis plants.
There are serious consequences to possession of marijuana charges, but punishments for growing the plants are even worse. According to Illinois law, growing cannabis plants can be a misdemeanor or a felony charge with punishments varying according to the number of plants grown:
- Five or fewer plants: Class A misdemeanor charge, one year in prison and $2,500 in fines.
- Five-20 plants: Class 4 felony charge, up to six years in prison and $25,000 in fines.
- Over 20-50 plants: Class 3 felony charge, 2-10 years in prison and $25,000 in fines.
How Are Minors Affected by Domestic Violence?
The first thing people think of when they hear the phrase “domestic violence” is often a spouse abusing their partner. However, it is just as common for children under the age of 18 to be victims of the abuse or neglect. Minors can be affected in a number of ways by not only being a victim of domestic violence, but also if they are a witness to the abuse or neglect. Side effects vary based on the age of the minor, but some include:
- Increased crying or signs of terror such as hiding;
- Bed-wetting or thumb-sucking;
- Drop of self-esteem or feelings of guilt;
- Trouble in school or becoming anti-social;
- Less participation in activities;
- Drug and/or alcohol abuse;
- Depression or behavior changes; and
- Mimicking the abusive behavior.
As with adults in a domestic violence case, an order of protection can be ordered to keep the abuser away from any minor in an abusive situation. However, it is the responsibility of a parent or guardian to issue an order of protection.
What Are the Marijuana DUI Laws in Illinois?
While we have seen national campaigns designed to combat driving under the influence of alcohol for decades, the concept of drug DUIs is fairly new in the public consciousness. Since the legalization of medical marijuana and recreational cannabis in a growing number of states, law enforcement has been forced to adjust.
That includes in Illinois, where medical cannabis was legalized in 2013. There are now approximately 40,000 medicinal users registered through the Illinois Department of Public Health, in addition to thousands of unregistered recreational users throughout the state. Like alcohol, there are strict rules in place to limit the frequency of marijuana DUI.
Cannabis DUI in Illinois
Illinois law states medical marijuana users may not drive under the influence of cannabis, and they must transport it in a sealed container that is not accessible while the automobile is moving. If a licensed patient or any citizen is pulled over, and the officer believes the driver is impaired by cannabis, they must submit to field sobriety testing. Refusal or test failure results in a driver’s license suspension and possible revocation of their medical marijuana card.
Can I Refuse to Take a Chemical Test if I Am Pulled Over for DUI in Illinois?
In recent years, police officers have been more strict on how they handle DUI cases -- and for good reason. According to the National Highway Traffic Safety Administration (NHTSA), there were 10,874 people who died in alcohol-related car crashes in 2017. Because of this, penalties for DUI convictions and even arrests can be quite severe.
If an officer pulls you over because he or she thinks you may be under the influence, the officer will probably ask you to step out of your vehicle. They will also probably ask you to submit to a number of field sobriety tests, which is how they gain sufficient evidence to arrest you for DUI. If you are arrested on suspicion of DUI, you will be asked to submit to a chemical test to determine your blood alcohol concentration (BAC). Refusing to submit to the chemical test can mean you will be subject to penalties.
Illinois Implied Consent
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