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Recent Blog Posts
Fighting Charges for Possession with Intent to Distribute in DuPage County
When it comes to drug crimes, the penalties associated with a conviction vary dramatically. The penalties for possessing a small quantity of a controlled substance are much different than penalties for the manufacture or delivery of a controlled substance.
In Illinois, being a “drug dealer” is considered to be a much more serious offense than being a drug user. The type of controlled substance allegedly in a defendant’s possession also influences the criminal penalties he or she may face. For example, selling a small quantity of marijuana is only a misdemeanor offense. By comparison, selling a small quantity of heroin or fentanyl is a Class 1 felony punishable by up to 15 years in prison.
If you or a loved one were charged with drug possession with intent to distribute, contact a criminal defense lawyer for help right away.
Do You Automatically Get a DUI if You Blow Over 0.08 in Illinois?
Most people are familiar with the blood alcohol content (BAC) “legal limit.” In Illinois and 48 other U.S. states, the blood alcohol limit is 0.08 percent. However, few really understand what that means. You may ask yourself, “Does having a BAC over the legal limit mean I will be convicted of drunk driving?” or “Can I beat DUI charges even if I fail a breathalyzer?”
Understanding Breath Alcohol Tests
There are two main types of breath tests or “breathalyzers” used in Illinois. Usually, when a police officer stops someone and recognizes signs of potential intoxication, the officer will ask the driver to blow into a breathalyzer machine. This roadside breath test is different from the breath tests conducted at the police station. Roadside tests are preliminary tests used to justify a drunk driving arrest. However, these tests are not foolproof, and preliminary BAC test results are not admissible as evidence in a DUI case.
Knowing Your Rights After a Sting Operation or Drug Bust
Drug overdoses lead to thousands of deaths in Illinois every year. Consequently, law enforcement is constantly looking for ways to suppress the manufacture and sale of illicit substances. One way police locate and arrest alleged drug manufacturers and drug traffickers is through sting operations. If you or a loved one were the subject of a sting operation or drug bust, it is important to seek legal counsel immediately. An experienced criminal defense lawyer can ensure that your rights are protected and build a strong defense against the charges.
Are Undercover Sting Operations Legal in Illinois?
The term “sting operation” refers to a police strategy intended to catch criminals in the act. Law enforcement officers may go undercover and pose as someone who is seeking or selling illegal drugs. Once the transaction has taken place, the officers reveal their identity and arrest the suspects. Sting operations such as these are legal. A police officer is legally permitted to lie and deceive criminal suspects.
Is Breaking Into A Car A Felony In Illinois?
Police recently arrested three teens who allegedly broke into several cars one night in Elmhurst, a town on the DuPage and Cook county border. Area residents called the police after seeing the teens pulling on car door handles. An investigation revealed that they allegedly gained entry to three cars and stole from one. Police charged the teens with one count of Burglary to a Motor Vehicle and two counts of Criminal Trespass to a Motor Vehicle. Burglary involves an unlawful invasion of privacy. Furthermore, entering a property without permission can lead to violence between the offender and property occupants. For these reasons, burglary is considered a felony offense in Illinois.
Burglary to a Motor Vehicle
According to the Illinois Criminal Code, there is only one definition for burglary. Burglary occurs when:
llinois Repeals HIV Criminalization Law
Civil rights groups are celebrating Illinois Gov. JB Pritzker for signing a number of measures into law designed to expand the rights of the LGBTQ community. These include updating insurance laws to include LGBTQ families, same-sex marriage guidelines, and repealing the controversial criminal transmission of HIV law. Before the recent change, individuals with HIV could face criminal charges for exposing others to the virus.
Criminal Transmission Of HIV
State lawmakers passed the law in the 1980s, the height of the AIDS scare. However, critics have since argued that the law was misguided and criminalized those living with HIV. Under the previous law in the Illinois Criminal Code, you could be charged with a Class 2 felony if you knew you were HIV positive and you had sex without wearing a condom, gave blood, or simply bled on another person. If convicted, you could face up to seven years in prison and a $25,000 fine. Many critics argued individuals living with HIV faced the threat of prosecution even if they did not transmit the disease to another person.
What is Identity Theft in Illinois?
Identity theft is when someone takes another person’s personal information for the purpose of committing fraud, according to the Federal Trade Commission, which is tasked with helping victims recover from such a crime. Individuals convicted of identity theft or other computer crimes face significant criminal penalties. Although identity theft is fairly common, it’s often confused with other crimes. So, what is considered identity theft in Illinois?
Identity Theft in Illinois
In the Prarie State, the legal definition of identity theft mirrors how the FTC defines it, but specifically refers to the theft of “personal identifying information” or a “personal identification document.” These include identification cards like a driver’s license, account information, bank or credit card statements, bills, and a case could even be made if you use information you found about someone on the internet.
I Was Falsely Accused of Domestic Violence. Now What?
There is no question that domestic violence is a real problem in Illinois. Unfortunately, some people make up allegations of domestic violence or abuse to serve their own dishonest purposes. The penalties for domestic battery in Illinois include a fine of up to $2,500 and up to one year in jail. Domestic battery involving certain aggravating circumstances is a felony offense punishable by up to three years in prison and a maximum fine of $25,000. Moreover, being accused of domestic violence can have profound effects on your personal and professional reputation as well as child custody or other family law concerns.
Do Not Answer Police Questions Without a Lawyer
If you have been accused of physical violence against a current or former romantic partner, household member, or family member, you may be shocked and unsure of what to do next. You may assume that you can simply explain the situation to the police and get yourself out of this unfortunate predicament. Unfortunately, submitting to police questioning can often make the situation much worse. Remember, anything you say to police may be used against you during subsequent criminal proceedings. Decline police questions until you have spoken with an attorney. Your lawyer will help you determine how best to proceed.
Illinois DUI Charges Increase with the Presence of a Child Passenger
Driving under the influence (DUI) of alcohol and other drugs is a danger to all, including the driver, others on the road, and any passengers in the driver’s vehicle. Any DUI charges in Illinois can result in serious consequences, but certain factors make the charges more severe. For example, Illinois recognizes that children under the age of 16 often have little choice but to get into a vehicle with an intoxicated driver, such as a parent who has authority over them. Drivers who abuse their authority by putting minor children at risk are thus subject to additional consequences when they are convicted on DUI charges.
Additional Penalties for DUI With Passengers Under the Age of 16
In Illinois, a first conviction on DUI charges is a Class A misdemeanor. While state law allows a jail sentence of less than one year for a crime of this magnitude, the court will often issue a more lenient sentence for first offenders, perhaps including fines and court supervision in lieu of imprisonment. However, leniency is much less likely if there was a passenger under the age of 16 in the driver’s vehicle at the time of their arrest. In this case, a first conviction will likely include six months of imprisonment, and the offender will also be ordered to pay an additional $1,000 fine and complete 25 days of community service that benefits children.
Illinois House Bill Reinforces Constitutional Rights for Criminal Defendants
Earlier in 2021, the Illinois legislature passed House Bill 3653, known as the Criminal Justice Omnibus Bill, and Governor Pritzker subsequently signed it into law. The bill provides for substantial policing reforms, as well as significant changes to how defendants are treated in the Illinois criminal justice system. Parts of the bill take effect on July 1 of this year, while others will be phased in over time. If you are arrested on criminal charges in the coming months and years, you are likely to benefit from the additional protections the bill provides for your constitutional rights.
Criminal Defendants’ Rights in Illinois
The Bill of Rights in the U.S. Constitution provides several important protections for people who are charged with a criminal offense. These constitutional rights apply in both federal and state cases. If you are charged with a crime, you should be sure to understand the following:
Battery vs. Assault: Which Is More Serious in Illinois?
With regards to criminal law and criminal defense in particular, all crimes are serious, carrying with them significant penalties, but all crimes also have varying degrees of this substantiality. Concerning battery and assault specifically, and aggravated battery and aggravated assault especially, the differences are slight but certainly could result in much more serious and severe consequences depending on classification. Here is a summary of the major differences between assault, battery, aggravated assault, and aggravated battery to illustrate this point.
Assault: Defined
According to Illinois law, assault happens when someone without any legal authority knowingly engages in an action that places someone else in a circumstance more likely to lead to battery.
A simple assault would result in a Class C misdemeanor, which carries with it up to 30 days in jail and up to $1,500 worth of fines, in addition to potential other penalties.
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