Posted on January 24,2019 in Traffic Tickets

If you are like some people, you get a sinking feeling in your stomach when you see a police officer, even if you did not do anything wrong. Getting pulled over by a police officer can be a daunting experience and one wrong move can cost you greatly. If you disrespect an officer, whether you mean to or not, the officer will most likely punish you to the full extent of the law for the reason he or she pulled you over. A simple traffic ticket can turn into a big deal. Often times, police officers will let you off the hook a little bit if you comply, which is why it is important that you know what you should and should not do when you are pulled over by a police officer.

Proper Etiquette After You Are Stopped

There are certain things that you should and should not do when you are pulled over by a police officer. Here are some tips that you should follow when you find yourself in the middle of a traffic stop:

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 Posted on December 27,2018 in DUI Defense

There are many ways that you can lose your driving privileges in Illinois -- not paying child support, not taking care of parking tickets and not paying toll fees. However, the most common way Illinoisans lose their driving privileges is by being convicted of driving under the influence (DUI) or related charges. In Illinois, you are subject to an administrative license suspension, in addition to any criminal suspensions you may face. Failing a chemical test to measure your blood-alcohol content (BAC) and refusing to take a chemical test are two common DUI-related charges that result in a loss of driving privileges. In order to get your driving privileges back, you will have to attend an informal or formal hearing at the Illinois Secretary of State’s office.

Informal Hearings

If your driver’s license was suspended or revoked due to a DUI-related charge or conviction that did not involve a fatality and this was your first DUI, you do not have to attend a formal hearing and can attend an informal hearing. Informal hearings are held at certain driver services facilities throughout the state on a walk-in basis. You will provide the hearing office with all applicable documentation, which will then be sent to the main office in Springfield. The main office will mail you a letter stating the outcome of the hearing, which can be either a denial, a restricted driving permit or a full reinstatement of your driving privileges.

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 Posted on November 15,2018 in Violent Crimes

Each year, the FBI puts together a report on crime statistics and one of their reports focuses on hate crimes in the United States. In 2106, the FBI reported that there were 6,121 hate crime incidents that took place in the U.S., with over half of those incidents stemming from racial or ethnic bias. About half of all racially or ethnically based hate crimes were those that were anti-black or African American. The prevalence of hate crimes has risen by a significant amount in the past few years and recently, a Chicago man was arrested on charges of drawing swastikas on buildings.

Chicago Man Charged with Felony Hate Crimes

A 51-year-old man has been arrested and charged with multiple counts of hate crimes after the man is alleged to have drawn swastikas on multiple homes on the North Side. The man is being charged with two felony counts of hate crimes, along with three misdemeanor counts of criminal defacing of property. Chicago police say that the man was identified on home security video footage showing him using chalk to draw swastikas on garages and fences.

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 Posted on October 26,2018 in DUI Defense

Seeing flashing red and blue lights in your rearview mirror usually causes panic or a sinking feeling of dread. If a police officer pulls you over because he or she suspects that you may have been drinking, you probably did something that caught their attention, which could have been as simple as forgetting to use your blinker while you were turning or as serious as swerving in and out of your lane. Most DUI stops in Illinois will follow the same procedure, but can vary depending on the individual officer and police department they are with. Being pulled over can be scary, but if you know what to expect, it can be a little less intimidating.

Timeline of a DUI Arrest

• You could have been stopped at a routine roadside safety check, or the officer could be stopping you because they have probable cause or reasonable suspicion that you are under the influence. Most of the time you will have broken a traffic law in some way.

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 Posted on September 18,2018 in Domestic Violence

Domestic violence is a crime that is taken very seriously and has severe consequences for those who commit it. Though the type of punishments that offenders of domestic violence get are deserved, the extremely personal nature of the crime makes it difficult for those who are falsely accused to clear their name. In the state of Illinois, police officers are required to arrest a person if the officer has reason to believe that they have committed an act of abuse or neglect. Even if the officer makes no arrest during a domestic violence call, they must always fill out a police report with the alleged victim and the alleged suspect’s information and statements. If a person decides to file an order of protection against someone, this means they are telling the court that they have been abused and wish to seek charges against the abuser.

What Is Domestic Violence?

Though different states may have different definitions of domestic violence, Illinois defines domestic violence as any act of “abuse” perpetrated by a “family or household member.” An act of abuse can be:

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 Posted on August 17,2018 in Theft

Most people use the terms theft, robbery and burglary interchangeably and for the most part, they can be used that way in general conversation. In the criminal justice world, theft, robbery, and burglary each have their own meanings and often have different consequences, depending on which crime you are accused of. If you are accused of one of these crimes, it is very important that you understand what constitutes each crime and what kind of punishments you are facing.

Theft

The Illinois Criminal Code of 2012 states that you are committing theft if you:

• Gain control of property when such control is unauthorized by the owner;
• Gain control of property through deceit or threat; or
• Gain control over property you know is stolen.

Sentencing for theft crimes is largely dependent on the value of the property that has been stolen. Theft is considered a Class A misdemeanor if the property was not directly stolen from another person and is valued at less than $300. Class A misdemeanors can carry up to a year of jail time and a fine of up to $2,500.

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 Posted on July 30,2018 in DUI Defense

When you get your driver’s license in Illinois, you are agreeing to a number of things, such as carrying insurance when you drive, obeying all traffic laws and driving in a safe manner. What some Illinois drivers may not know is that when they obtain a driver’s license, they are also giving their implied consent to be subject to a chemical test, such as a test of the blood, breath, urine or other bodily substance, which is used to determine whether or not the driver is under the influence of alcohol or other drugs. When drivers are arrested for DUI and refuse to submit to these tests, they are subject to a statutory summary suspension of their driving privileges.

What Is a Statutory Summary Suspension?

In Illinois, when a driver is arrested for DUI and refuses to submit to chemical testing or fails a chemical test, he or she will automatically have their driving privileges suspended. Failing a test means that their blood-alcohol content (BAC) measured at a .08 or over or the THC content was either 5 or more nanograms per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance. A statutory suspension is not a punishment for a DUI conviction--consequences for a conviction would be added to the suspension. Even if you challenge the arrest in court, the suspension is still in effect.

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 Posted on June 29,2018 in Theft

Oftentimes people will use the terms theft, robbery, and burglary interchangeably, though under the law, these terms have very different meanings and each contains different consequences. These crimes all include a person taking or attempting to take property from another person, but the elements of these crimes differ, as well as the consequences for committing them. Theft is a general term used when property is stolen from a person without the intention to return it. If you are being charged with a theft crime, it is important to know what you are being charged with and the penalties that you face.

What Constitutes Theft?

Theft is a broad term that can cover a variety of crimes. Theft encompasses any crime in which a person takes property from another person without the intention of returning it. In the state of Illinois, a person commits theft when they:

• Obtain unauthorized control over property of the owner;

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 Posted on May 31,2018 in Violent Crimes

Being accused of a sex crime can be stressful and emotionally tolling for you, your friends and your family. Whether the accusation is true or not, being accused of a sex crime can not only cause problems between relationships with people in your life, but it can also cause problems at work or getting future jobs. Understanding common defenses to sex crimes can prepare you if you are facing these types of charges.

Innocence

One of the most common defenses to sex crimes is innocence, meaning that you are pleading that you did not commit the crime. This is perhaps the most basic defense in sexual assault cases. The defendant can argue that they couldn’t have committed the crime because they were in a different place at the time the crime was committed. This is called an alibi and must be supported by credible evidence that they could not have possibly committed the crime.

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 Posted on April 27,2018 in Drugs and Narcotics

A person does not need to have physical drugs on their person to be charged with a drug-related crime. If an individual is charged with possession of drug paraphernalia, they may face a fine of up to $2,500 and a misdemeanor charge for a conviction in the state of Illinois. In order to avoid this outcome, a person must know what drug paraphernalia is and what the laws are surrounding it.

What Is Drug Paraphernalia?

Drug paraphernalia can include any item that can be used to inhale or ingest an illegal substance such as pipes, bongs, or cocaine spoons or vials. It also includes kits that can be used in the production of drugs, devices, and equipment that can be used to increase the strength of a controlled substance, adulterants, and diluents, or substances that can alter the potency of a drug.

Suspected drug paraphernalia may be seized by law enforcement without standard procedures, so long as there is probable cause that the item poses a threat to the safety or health of an individual or the public, and there is not adequate time to go through the typical legal process.

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