Posted on November 06, 2017 in Criminal Defense

After a criminal defendant in Illinois is found guilty of committing a crime, or pleads no contest, a judge will evaluate the facts surrounding the case and then sentence the offender. While making this determination the judge also takes into account relevant mitigating factors (i.e. factors that support imposing a lesser penalty) and aggravating factors(i.e. factors that support imposing a harsher penalty).

Mitigating Factors

Under code section 730 ILCS 5/5-5-3.1 of the Illinois Compiled Statutes, judges in Illinois are required to consider the following mitigating factors when determining an offender’s sentence:

• The offender’s criminal conduct did not cause, or threaten, serious physical harm to another,
• The offender did not consider that his or her conduct would cause or threaten serious physical harm to another,

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 Posted on November 03, 2017 in Criminal Defense

Many drivers view the occasional traffic ticket as no big deal. The fine associated with a citation is often seen as just one of the costs of driving, albeit one the driver could do without. If this describes your perspective when you get a ticket, you may be inclined to simply plead guilty by paying the fine and moving on with your life. In some cases, such an approach may be reasonable, but certain traffic violations are much more serious and may even be prosecuted as criminal offenses. Aggravated speeding, for example, could lead to a criminal conviction and possibly time in jail.

Petty Offenses vs. Criminal Offenses

Most traffic violations are classified by the state of Illinois as petty offenses. It is also possible for a driver to be cited for violating local traffic ordinances. Local violations and petty offenses are punishable by fines ranging up to $1,000. Petty offenses also accumulate points on the driver’s record which could lead to suspension of his or her driving privileges. Criminal offenses, by comparison, are handled in the state’s criminal court system and may result in more expensive fines, probation, and jail time. Traffic-related criminal offenses are generally misdemeanors, but there are some—including aggravated DUI—that could be considered felonies.

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 Posted on November 03, 2017 in Juvenile Crimes

In Illinois, we have a juvenile justice system that handles most criminal offenses involving minors (i.e. individuals who are less than 18 years old) and a separate justice system that adjudicates criminal cases involving adult defendants. However, under some limited circumstances a judge will decide that a particular minor should be tried as an adult and will transferhis or her case out of the juvenile system and into the adult system. This is exactly what may happen to a 15-year-old Illinois teen accused of committing first-degree murder.

KWQC TV6 reports that the girl turned 15 just three days before she allegedly murdered her mother. Under Illinois state law a minor who has been charged with first-degree murder will not havehis or her case automatically transferred into adult court ifhe or she isless than 16 years old; however, the possibility of being tried as an adult is still not off the table for Ms. Schroeder.

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 Posted on October 27, 2017 in Criminal Defense

If you or a family member is facing criminal charges of racketeering, take action now and retain the services of an experienced racketeering defense attorney.Racketeering is a very serious crime that, upon conviction, can have life-altering consequences.

If convicted, you will be ordered to spend years in prison, pay substantial sums of money in fines, have mandatory probation, lose your constitutional rights (e.g., ability to vote), lose your personal assets, and you will beordered to provide financial restitution to any victims.

Overview of Racketeering

Racketeering is typically used as shorthand to describe the Racketeer Influenced and Corrupt Organizations Act (“RICO”). Congress enacted this law in 1970. It is typically used in instances of alleged organized crime where businesses, known as “rackets,” utilize legitimate organizations for the purpose of embezzling funds. Though, this federal law covers a wide array of crimes, more than 25 to be exact.

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 Posted on October 23, 2017 in DUI/DWI

If you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.

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 Posted on October 20, 2017 in DUI/DWI

Getting convicted of a DUI carries significant ramifications that may adversely affect you for years. A DUI conviction is typically a Class A misdemeanor, meaning you could be ordered to serve up to one year in jail. You could also be required to pay a fine of up to $2,500 with a mandatory minimum fine of $500. In addition, your driver’s license will be suspended for at least one year. And this is all for a first-time offender.

If you have prior DUI convictions on your record, the penalties are even more severe. For example, if this is your third DUI conviction, the charge escalates to a Class 2 felonywhich means you could be ordered to spend between three and seven years in jail. Also, your driver’s license will be suspended for at least 10 years.

Ways to Prevail Against the Government

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 Posted on October 19, 2017 in Criminal Defense

By now, virtually everyone knows that using a cell phone or other mobile device to send text messages or emails while driving is extremely dangerous. It also against the law in most states. If you are cited for texting while driving in Illinois, fines start at $75 for a first offense and go up from there. Thanks to two new pieces of technological innovation, however, it may soon be more difficult for drivers to text while behind the wheel but easier for the police to know that drivers have been texting.

Limits for Teen Drivers

Derive Systems, a company that specializes in automotive technology, says that it will be releasing a new device in 2018 that limits what a driver can do while driving. According to company officials, the Derive Teen Driver plugs into the vehicle’s diagnostic port and makes logic adjustments to the car’s computer. The device can be set—ostensibly by parents—to limit the vehicle’s speed, to prevent the car from starting if the driver is not wearing a seatbelt, and even to lock and disable the driver’s cell phone.

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 Posted on October 16, 2017 in DUI/DWI

The Governor of Illinois signed a new piece of legislation into law that alters the way police handle an arrest of someone under the age of 21 who is suspected of being intoxicated.

Senate Bill 2185, most commonly referred to as “Conor’s Law” requires that when a police officer arrests someone showing signs of being intoxicated who is under the age of 21,he or she must make a reasonable attempt to contact a responsible adult who can take custody of the individual. If police cannot locate a parent, guardian, family member, or friend, the arrested individual has the right take a breathalyzer test or other chemical test to prove thathe or she isbelow the legal limit of 0.08. The results of these tests are now prohibited from being used in a prosecution against the person placed under arrest.

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 Posted on October 13, 2017 in Criminal Defense

If you have been charged with a criminal offense, hiring a criminal defense lawyer should be the top priority on your to-do list. But how should you go about doing this? It is critical that you hire an attorney who is a good fit for both you and your case.

Therefore, researching local attorneys who routinely defend clients against charges similar to yours, and who are well respected in the community, is essential. The Illinois State Bar Association’s Your Guide to Hiring a Lawyer can help you do this.

Next, sit down with the attorney in order to assess whether or nothe or she andhis or her firm are a good fit for you.

Consider Asking the Following Questions When Interviewing an Attorney

When interviewing a criminal defense attorney, your main goal should be to assess whether or not the attorney is well equipped to defend your legal interests,is someone you can trust, and has legal feesthat are manageable with regard to your financial situation.

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 Posted on October 09, 2017 in Domestic Violence

Protective orders (also commonly referred to as restraining orders) are civil orders designed to protect alleged domestic violence victims (and sometimes their family members as well) against future abuse. Under the Illinois Domestic Violence Act courts in Illinois are permitted to issue a protective order if any of the following types of domestic violence has likely been perpetrated against the requesting petitioner, or their minor child, by a family or household member:

• Physical abuse,
• Harassment,
• Intimidation of a dependent,
• Interference with personal liberty, or
• Willful deprivation.

Who Qualifies as a “Family or Household Member?”

It is important to note that in Illinois a domestic violence protective order can only be issued if the alleged abuser is a family or household member of the petitioner. Code section 750 ILCS 60/103(6) defines “family or household member” as:

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