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Could I Have Committed Forgery in Illinois Without Realizing It?
It is possible to unknowingly commit forgery in Illinois, but that does not immediately undermine the severity of the crime. Many different offenses fall under the umbrella of forgery and deceptive practices, and knowing exactly what you did wrong is the first step in building a defense. If you were charged with forgery and do not understand why, an Aurora, IL forgery and deceptive practice defense attorney can explain the allegations against you and how you may be able to challenge them.
What Is Forgery Under Illinois Law?
Forgery generally refers to the act of changing or creating a false document to use it for deceptive purposes. That broad characterization can refer to a range of crimes, including everything from signing another person’s name on a legal document to generating a fake contract under someone else’s name. According to Illinois law, committing forgery is not limited to the act of creating or altering a document to make it look like someone else did it. It also requires delivering it when you know it is forged and using it to defraud.
What Is the Zero Tolerance Law for Underage DUI in Illinois?
Underage drinking and driving laws, such as Illinois’ Zero Tolerance law, apply to anyone under the age of 21 caught driving under the influence of alcohol. According to the Zero Tolerance Law, someone can be charged with driving under the influence (DUI) and face severe penalties, even if that person is not above the legal limit of .08 percent BAC.
An Aurora, IL DUI defense attorney will explain the charge against you and help you build a defense to fight it. The court is sometimes lenient on first-time offenders, but having legal representation ensures you understand your rights and make smart decisions about your defense.
What Is Illinois’s Zero Tolerance for Drinking and Driving Underage?
The Zero Tolerance Law allows the court to charge someone under the age of 21 with a DUI for having even a trace of alcohol in their system. For a standard DUI charge applied to drivers 21 and older, the blood alcohol concentration (BAC) level has to be 0.08 percent or higher to be considered legally impaired. Under Zero Tolerance, the BAC level is 0.00 percent, and the investigating officers have the discretion, based on testing or refusal to test, whether to charge you with a Zero Tolerance violation.
Is Aggravated Speeding a Misdemeanor or a Felony in Illinois?
Speeding is a leading cause of auto accidents in Illinois. Aggravated speeding is an additional level of reckless driving that can result in life-changing consequences for everyone involved. If you have been charged with aggravated speeding, how far above the speed limit you were going when the officer clocked your speed will determine how you are charged. To better understand the charges against you and your options for challenging them, you should speak to an experienced Aurora, IL criminal traffic violation defense attorney as soon as possible.
How Is Aggravated Speeding Defined in Illinois?
Illinois Statute 625 ILCS 5/11-601.5 categorizes aggravated speeding as either a Class B or Class A misdemeanor. If you were driving between 26 and 34 miles per hour in excess of the speed limit when you were caught, you could be charged with a Class B misdemeanor. If your speed exceeded 35 miles per hour over the speed limit, the charge could be a Class A misdemeanor, which carries harsher penalties.
What Happens After a Third DUI in Illinois?
Illinois has strict DUI laws designed to deter people from driving while under the influence of drugs or alcohol. First-time offenders are often treated more leniently but still face heavy penalties. If you have been charged with a repeat DUI offense and have concerns about what challenges are ahead, an Aurora, IL DUI defense attorney will walk you through the laws that apply to these cases and advise how you may be able to defend yourself.
What Are the Potential Penalties for a Third DUI in Illinois?
A third DUI conviction in Illinois is an aggravated DUI and often carries substantial penalties that vary depending on the circumstances of your arrest. If convicted, you would likely face a minimum of 90 days in jail and several thousand dollars in fines. When some aggravating factors are present, you could face a maximum of 14 years of incarceration and up to $25,000 in fines.
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.
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