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Fighting a Possession of a Stolen Vehicle Charge in Illinois
Possessing a stolen motor vehicle is a serious violation that can result in harsh penalties with long-term consequences. If you were recently charged for this crime, seeking the counsel of an Elgin, IL stolen vehicle defense attorney would likely benefit you. You will need an aggressive approach to challenging the charges. In Illinois, your culpability is based not just on your actual possession of the vehicle but on your knowledge that the possession was unlawful. Working with an experienced attorney will help you find the best defense strategy for your case.
What Illinois Law Says About Possessing a Stolen Vehicle
Illinois statute 720 ILCS 5/16-1 stipulates that the offense hinges on your knowledge and intention. This means that the prosecution will need to prove a few key elements. They may argue the following:
Can You Refuse a Field Sobriety Test in Illinois?
If a police officer stops you for suspicion of driving under the influence (DUI), they will likely ask you to submit to standardized field sobriety and blood alcohol content (BAC) tests. Under Illinois law, you can refuse to participate in field sobriety tests, but that does not mean that you cannot be arrested for DUI. An Elgin, IL DUI defense attorney can help you understand the role of field sobriety tests in DUI arrests and how refusing could impact your case.
What Are Field Sobriety Tests?
There are three types of standard field sobriety tests:
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Horizontal gaze nystagmus: The officer will ask you to follow an object, usually a pen, with your eyes to test for an involuntary jerking of the eyeball that increases with alcohol consumption.
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Walk and turn: The officer will ask you to stand on a line, walk heel-to-toe, turn, and walk back to observe your balance.
How Does Illinois Law Define and Penalize Reckless Driving?
Illinois law defines reckless driving as "willfully or wantonly disregarding the safety of other persons or property while driving." The definition is broad, leaving it open to many traffic violations, and the defenses in these cases vary drastically. Facing a reckless driving charge can be intimidating alone. An experienced Aurora, IL traffic violations attorney can help you understand the meaning of a reckless driving charge and walk you through the legal process.
What Constitutes Reckless Driving in Illinois?
In Illinois, the arresting officer has the discretionary ability to determine whether your actions constituted reckless driving. The law does not name specific actions, but some common examples of "willful or wanton" disregard for the safety of others include:
Can I Get My Felony Charge Reduced to a Misdemeanor in Illinois?
If you are facing a felony charge, there is the potential for severe consequences such as lengthy prison sentences and substantial fines. However, under certain circumstances, there are legal avenues for getting a felony charge reduced to a misdemeanor. This depends on various factors, including the nature of the offense, your criminal history, and the specific circumstances surrounding the case. An experienced Aurora, IL criminal defense lawyer can review your case and advise you on whether you are eligible to request a reduced charge.
Understanding Felony vs. Misdemeanor Charges
In Illinois, felonies are the most serious criminal offenses, with potential penalties including long prison sentences. Common felonies are aggravated assault, drug trafficking, and armed robbery. Misdemeanors, on the other hand, are less severe offenses and carry lighter penalties, such as fines or relatively short jail sentences. The type of charge you face determines the penalties and sentences that will be imposed.
How Can I Avoid a Conviction for Assaulting an Officer in Illinois?
It can be incredibly daunting to face criminal charges for assaulting a police officer in Illinois. These cases can be prosecuted aggressively, and penalties can include heavy fines, lengthy prison sentences, and long-term consequences for your personal and professional life. If you find yourself in this situation, speak with an experienced Illinois criminal defense lawyer who can help you navigate how to address the charges.
What Constitutes Assaulting an Officer in Illinois?
In Illinois, assault and battery are charged as distinct offenses. Assault involves threatening or attempting to cause harm, and battery is actual, physical contact. When the target of either action is a police officer, the charges become significantly more serious.
Can Illinois Police Search My Car Without a Warrant?
When your car is stopped by police, you can feel overwhelmed, scared, and unsure about what to do. You might feel nervous about potential criminal charges. Knowing your rights is crucial, especially if the police want to search your car. In Illinois, they are sometimes authorized to search your car without a warrant, but there are specific legal conditions that must be met. Speak with a knowledgeable Illinois criminal defense lawyer to understand these rules and protect your rights.
When Do Police Not Need a Warrant to Search Your Car?
Under the motor vehicle exception to the Fourth Amendment, police can search a car without a warrant if they have sufficient reason to believe it contains evidence of a crime. Since vehicles are mobile, courts have ruled that the reduced expectation of privacy in a car justifies this exception.
Can You Be Arrested if Your Child Lets an Unlicensed Driver Use Your Car?
As a parent of a licensed teenager, you may find that your car is used more often by your child than yourself. You might be convinced you taught him or her everything necessary to drive safely. However, kids often have close friendships and are happy to share things with people they care about or want to impress. Did you know that if your child lets their unlicensed friend drive your car, you – the car owner – could face serious legal consequences?
In Illinois, it is illegal to allow someone without a valid driver's license to drive your car. Even if you did not directly give the unlicensed driver permission, you could still face criminal charges if your child allows their friend to drive. A qualified Illinois criminal defense lawyer can explain your options and protect your rights.
What Are the Penalties for Permitting an Unlicensed Driver to Drive?
Under Illinois law, it is a crime to knowingly allow an unlicensed person to drive your vehicle. If your child lets their unlicensed friend drive your car, prosecutors could argue that you were guilty of allowing access to your vehicle. You do not need to have been there when it happened to be charged.
Can I Qualify for a Hardship License in Illinois?
Losing your driver’s license after a DUI conviction or suspension can create serious difficulties. If you rely on your ability to drive for important things like getting to work or school or attending important medical appointments, having your license taken away can feel like you are losing a lifeline. Fortunately, Illinois offers something called Restricted Driving Permits (RDPs), which are hardship licenses that enable eligible drivers who can demonstrate a legitimate need to be granted limited driving privileges. An experienced Aurora, IL criminal defense lawyer can review your case and advise you on whether an RDP is something relevant for you to pursue.
How Can I Be Charged with Drug Crimes if There Were No Drugs?
While people are aware that there are illegal drugs and that you can be convicted if you are found in possession of them, something not everyone realizes is you can be charged with drug crimes even if you do not have any drugs on or near you. If the police find drug paraphernalia, which means items used in drug-related activities, you could face charges with serious consequences. An experienced Elgin, IL criminal defense lawyer can explain your options and guide you on how best to proceed.
What Is Considered Drug Paraphernalia?
Among other things, Illinois law defines drug paraphernalia as anything that can be used to plant, cultivate, grow, harvest, manufacture, produce, process, prepare, test, package, store, hide, inject, ingest, or inhale illegal substances. Examples include:
Do I Have a Valid Entrapment Defense in My Illinois Criminal Case?
When defendants argue that they were manipulated into committing a crime by the law enforcement officers investigating them, they can use a legal defense known as "entrapment." In Illinois, the defense is legally authorized to use entrapment as a legitimate defense as long as it has evidence to back the claims. To learn more about the legal requirements for an entrapment defense, speak with a qualified Aurora, IL criminal defense lawyer with experience helping other clients in similar cases.
What Does Entrapment Mean?
According to Illinois law, entrapment happens when a police officer, informant, or other government agent persuades an otherwise law-abiding individual into engaging in a criminal act. One important aspect of an entrapment defense is that the defendant would not normally have committed the crime, but the influence or pressure that was placed on him or her by law enforcement officers was what ultimately made him or her do what they did. If someone was simply given an opportunity to commit a crime, it would not be enough for an entrapment defense.
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