Recent Blog Posts
Four Traffic Violations Excuses That Virtually Never Work
When you are pulled over for violating a traffic law, it is only natural that you would want to get out of a ticket. While you probably know that you could contest the citation in court, the process of fighting the ticket often begins informally during the conversation with the officer on the scene. A conviction for a traffic violation could result in fines, higher insurance premiums, and other penalties, so not getting a ticket in the first place is the easiest way to avoid a conviction. Unfortunately, a police officer is unlikely to be sympathetic when you offer a poor excuse.
Excuse #1: "I Wasn’t Paying Attention"
Traffic laws exist primarily for the purpose of keeping drivers attentive and safe. If you tell an officer that you were not paying attention—to traffic lights, speed limit signs, or other drivers—you are basically admitting that you were not following the law. An officer is unlikely to cut you break for being distracted, and if he or she does, there is a good chance that you will still get a ticket for a lesser violation;
What Is Grand Larceny?
Larceny, more commonly referred to as theft, occurs when a person knowingly obtains the property of another with the intention of permanently depriving the owner of their property, as per 720 ILCS 5/16-1. The degree of larceny or theft that an individual is charged with depends on the value of the property taken. Larceny charges do not include robbery, armed robbery, burglary, carjacking, or other crimes of violence, which are punished more severely than larceny offenses.
“Grand” larceny or “grand” theft is commonly thought of as the threshold between a misdemeanor and a felony charge, though in Illinois that language is not specifically used. Illinois law classifies various degrees of larceny on a scale described below, with the highest felony classification for theft being a Class X felony, which can result in decades behind bars.
Understanding the Consequences of Prescription Forgery in Illinois
Prescription drug abuse is on the rise, and police and prosecutors are becoming increasingly vigilant about cracking down on those who they believe are breaking the law by using falsified prescriptions to obtain controlled substances. Because of the opioid epidemic, which has resulted from over-prescribed pain medications pushed by pharmaceutical companies and physicians, hundreds of thousands of Americans are looking for any means to get their hands on narcotics. Obtaining opioids by falsifying a prescription may seem safer than buying drugs on the street, but make no mistake—prescription forgery is a serious crime in Illinois.
What Illinois Law States About Prescription Forgery
According to 720 ILCS 570/406.2, a person commits prescription forgery (known as “unauthorized possession of prescription form”) if they have altered a prescription, possessed a form not issued by a licensed practitioner, possessed a blank prescription form without authorization, or possessed a counterfeit prescription form. Examples of prescription drug forgery include the following:
Boating While Impaired in Illinois
In Illinois, we are lucky to be located near Lake Michigan and other smaller lakes that are sprinkled throughout the state. Nice weather often calls for days spent with family and friends on a boat. For most people, these fun activities often involve the enjoyment of alcoholic beverages. However, what most people do not think about is the potential that they may face criminal charges while driving or operating a boat under the influence of alcohol.
What Is Boating Under the Influence?
In Illinois, the same law applies to boating under the influence of alcohol as for driving under the influence (DUI). If you are operating a boat with a blood alcohol content (BAC) over .08%, you can be charged with DUI. Additionally, operating a boat under the influence of drugs can also result in a DUI charge.
Picture the vessel in which you suspect a person would get in trouble for boating under the influence. Is it a speedboat? A person can be charged with boating under the influence when operating any number of different vessels, including yachts, sailboats, personal watercrafts, fishing boats, etc. Do not get fooled into thinking you are safe from a DUI charge just because you are not on a speedboat on the lake.
Getting an Emergency Order of Protection in Illinois
Despite countless public education campaigns and social efforts, domestic violence and abuse continue to plague millions of families around the country, including many victims here in Illinois. Public awareness of the problem offers little consolation to a victim who is currently being terrorized in his or her own home or place of employment. That is why, in addition to taking steps to eliminating domestic abuse, it is so important to understand what your options are if and when you are being abused by an intimate partner or family member.
Get to a Safe Location
If domestic violence is part of your daily reality, you need to take action to protect yourself and, if applicable, your children. Depending on the circumstances of your situation, your best option may be to temporarily leave your home and to stay with a trusted friend or family member. Resist the temptation to let your abuser know where you have gone, even if the abuser is your child’s other parent. Your safety and that of your child must be your top priority.
Defending Against Sex Crime Charges in Illinois
All criminal charges need to be taken seriously. That being said, because of the penalties associated with sex crimes, those facing these charges are encouraged to seek professional representation immediately. Individuals who are charged with or convicted of a sexual offense, such as sexual assault or possession of child pornography, are likely to have a negative reputation that can follow them around forever. The stigma around alleged sex offenders is so powerful that it can be hard to shake this bad reputation, even if the defendant has been cleared of all charges. In the event a defendant is convicted of a sex crime, the consequences can be even worse. Sex crime convictions can carry a host of consequences, including significant jail time and being listed on the sex offender registry for the rest of your life. As such, you need an aggressive defense attorney who can protect your rights and your reputation.
Privacy Rights Upheld in Recent Supreme Court Case
If you are facing a criminal charge, this does not mean that you are not entitled to the same rights and protections afforded to other individuals in the United States, including the right to privacy. The Fourth Amendment to the Constitution affords citizens the right to be free from unreasonable searches and seizures. Search warrants are used to ensure that if a search is being conducted, then there is a legitimate reason and cause for conducting the search. There are exceptions to this rule, however. Recently, the Supreme Court of the United States upheld the right to privacy for suspects regarding warrantless searches.
Collins v. Virginia
In the case of Collins v. Virginia, the defendant was suspected of being in possession of a motorcycle that had been stolen. The motorcycle was parked under a three-walled enclosure that was covered with a tarp. This enclosure was located at the defendant’s girlfriend’s house. The house also had a traditional garage that could completely block the inside of the garage from outside view. The police suspected that this motorcycle was parked at the defendant’s girlfriend’s home and therefore went to examine the scene. Instead of obtaining a search warrant, the police officers proceeded up the driveway to where the motorcycle was parked under the tarp. The motorcycle turned out to be the stolen property they were looking for, and the defendant was arrested.
How an Order of Protection May Be Abused
Under an Illinois law, an order of protection may be issued by the court as a way to address concerns of domestic violence and domestic abuse. Orders of protection are also commonly sought by individuals going through divorce, as a way to legally separate themselves from their soon-to-be ex-spouse while the proceedings are still emotionally difficult and tensions are high.
Domestic Relationships
Illinois law provides that you can request an order of protection against a family or household member. An order of protection can also be filed against a person with whom you may have shared an intimate relationship, even if that relationship was in the past and/or was never legally recognized either by marriage or domestic partnership. An order of protection can also be filed against a blood family member or a family member related by marriage.
The Timeline of a Criminal Charge in Illinois
Facing criminal charges can be a truly scary prospect. The process for how these charges are handled might seem tricky and confusing, but if you know the timeline and what to expect, it can ease your worries – at least a little. While every case is different and should be considered independently, there is a general framework of how the system works in Illinois. The following includes a general timeline of criminal charges in Illinois that you may encounter when facing the criminal justice system with the help of a skilled attorney:
The Offense and Arrest
A charge cannot be made unless a person is reasonably suspected of committing criminal activity. This suspicion may be determined through an extensive police investigation into an individual’s activities or through something as simple a traffic stop. However, the police must have probable cause in order to make an arrest. After being arrested, a suspect must be read their Miranda rights, informing them that they have the right to remain silent and contact an attorney.
Consequences of Resisting Arrest
No one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is importantto notresista police officer makingan arrest. Resisting arrest in Illinois can result in additionalcriminal charges.
Resisting Arrest in Illinois
Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of peopleto whomthe statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.
Additionally, it is not just resistingan actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:
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