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Recent Blog Posts
What Are Charges and Penalties for Illinois Traffic Violations?
Whenever you get behind the wheel, it is important to understand what charges and penalties you might face if caught violating the law. With traffic violations ranging from minor offenses to serious crimes, consequences can vary widely.
Whether you are caught speeding, running a red light, or driving under the influence (DUI), you need to understand what is at stake. If you have specific questions about charges you might face, an experienced Elgin, IL criminal defense lawyer can review your case and offer tailored guidance.
Common Traffic Violations and Their Penalties
Some of the most common traffic violations in Illinois include:
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Speeding: If you were going less than 20 mph over the speeding limit, you could face a fine of $120-$150 and might get a few points on your driver’s license. Speeding over 20 mph faster than the speeding limit can result in fines of $150-$250, with more points on your license. Speeding over 35 mph above the limit can lead to charges of reckless driving, which is a criminal offense. You might face fines of up to $2,500, up to a year in jail, and your license might be suspended.
What Is Deceptive Practice and How Is It Punished?
Getting charged with a crime can be an overwhelming experience. This can be particularly true if you do not understand what you are being charged with. Some charges are more commonly discussed and understood, but others that are less known about can be a source of confusion.
One example of a lesser-known crime is deceptive practice. If you are facing charges of deceptive practice, let a knowledgeable Elgin, IL criminal defense lawyer explain everything you need to understand and help you present a strong defense.
What Is Deceptive Practice?
One of the reasons why deceptive practice can be difficult to understand is because that title describes a wide range of criminal activity. The main characteristic of all the illegal actions that fall under the category of "deceptive practice" is that the defendant is accused of knowingly and intentionally misleading someone else for personal gain, and this is most often for financial gain.
What Is Deceptive Practice and How Is It Punished?
Getting charged with a crime can be an overwhelming experience. This can be particularly true if you do not understand what you are being charged with. Some charges are more commonly discussed and understood, but others that are less known about can be a source of confusion.
One example of a lesser-known crime is deceptive practice. If you are facing charges of deceptive practice, let a knowledgeable Elgin, IL criminal defense lawyer explain everything you need to understand and help you present a strong defense.
What Is Deceptive Practice?
One of the reasons why deceptive practice can be difficult to understand is because that title describes a wide range of criminal activity. The main characteristic of all the illegal actions that fall under the category of "deceptive practice" is that the defendant is accused of knowingly and intentionally misleading someone else for personal gain, and this is most often for financial gain.
Can I Be Punished the Same for AI Child Porn as if It Was Real?
AI is an indisputable new part of life these days. Whether it is translating a document written in a foreign language, determining which news stories will be most relevant to you on your favorite news website, or monitoring your business and alerting you to urgent needs, AI has had a major impact.
One of the fields in which AI has been prevalent is pornography, particularly with creating computer-generated pornographic content featuring minors in an attempt to avoid criminal charges for child pornography. However, many people are surprised to learn that AI child porn can be punished the same as authentic child porn. If you are facing criminal charges and in need of legal guidance, speak with an experienced Kane County, IL criminal defense lawyer.
How is AI-Generated Child Porn Charged?
Some people mistakenly believe that while child pornography is illegal, digitally-created imagery is not. They are surprised to learn that AI-generated content that depicts minors in sexual situations can result in serious charges and penalties.
How Can I Prove I Was Acting in Self-Defense?
When someone feels threatened by another, it is a natural reaction to do anything possible to eliminate the threat. Unfortunately, in situations like these, the person who originally posed a risk sometimes claims that their would-be victim was the aggressor and initiated the attack. Someone who acted in self-defense can find it overwhelming to face charges of domestic violence for stopping themself from getting hurt by the real attacker. If this happens to you, speak with an experienced Elgin, IL criminal defense lawyer to understand your legal options.
What Is Considered Domestic Violence in Illinois?
According to Illinois law, any act or threat of violence - including emotional abuse, intimidation, physical harm, and harassment - committed by one member of a family or household against another is categorized as domestic violence. While spouses and parent/child relationships are often involved in these cases, violence between people who are or were dating can also be considered.
Can I Go to Jail for Selling Alcohol to a Minor in Illinois?
Underage drinking is a crime many people are aware of, but few understand how serious it actually is. Whether you are a private individual or a licensed alcohol vendor, selling, delivering, and giving alcohol to anyone younger than 21 can be punished severely. With Illinois law enforcement cracking down on the sale of alcohol to minors, it is more important than ever to understand the law and possible charges you could face for violating it. If you are concerned about liability for a potential violation, speak with an experienced Elgin, IL criminal defense attorney to learn more.
When Can Someone Be Charged for Selling Alcohol to Minors?
Three main elements need to be present for someone to be accused of violating the Illinois law prohibiting the sale of alcohol to minors. These include:
When Can Someone in Illinois Prison Get Out on Parole?
In Illinois, people use the term "parole" when they talk about options that allow someone to be released from jail or prison after serving a portion of their sentence. Technically, Illinois abolished parole for crimes committed after 1978, meaning that people convicted after this date are not eligible for traditional parole (although people convicted before 1978 may still qualify).
Instead, Illinois now uses a system called "mandatory supervised release" (MSR), which acts similarly to parole. If you have questions about eligibility or how Illinois laws apply to your case, consulting a knowledgeable Illinois criminal defense attorney is crucial.
What Is Mandatory Supervised Release in Illinois?
Mandatory supervised release (MSR) is very similar to parole, but it is automatically applied to almost all prison sentences. When someone is released from prison after completing their sentence, they are not fully free; instead, they must serve a designated period under MSR.
What Happens if I Refuse a Breath Test in Illinois?
While laws vary from state to state, some are constant throughout the country. One of these is the prohibition against driving while under the influence of alcohol. While all states prohibit driving over the legal limit, not all states require people to submit to breath tests to determine their blood alcohol content.
In an "implied consent" state like Illinois, however, drivers are expected to submit to testing to a police officer’s request to determine whether they are intoxicated. If you refuse to take a breath test, your license will get suspended. To learn more, speak with an experienced Kane County, IL DUI lawyer.
How Long Will My License Be Suspended if I Blow Over the Limit?
If your blood alcohol concentration (BAC) is higher than the legal limit, your license will be suspended. If you refuse to take the test, the suspension is generally longer. If you are a first offender or have not had a DUI arrest in the past five years, your license can be suspended for six months if you fail the breath test and twelve months if you refuse to take it. If this is not your first offense in the past five years, your license can be suspended for twelve months if you fail the breath test and three years if you refuse to take it. Subsequent DUIs will result in longer suspensions and even license revocations.
Mental Health as a Mitigating Factor in Illinois Criminal Law
Anytime anyone faces criminal charges, the courts generally try to get a detailed understanding of who the person is, including his background, his motives for committing the crime, the severity of the crime, and whether the person has shown remorse for his actions. Anything that could make a court decide to give someone a lesser punishment than usual for a certain crime is called a mitigating factor.
As America slowly gains awareness of mental health issues and how they can affect people’s behavior, they are increasingly being considered a mitigating factor that can impact sentencing. If you are facing criminal charges as well as underlying mental health issues, speak with an experienced Kane County, IL defense attorney to understand your options.
The Impact of Mental Health Issues on a Criminal Case
Mental health issues can affect sentencing in a criminal case in three main ways:
Boating Under the Influence in Illinois
Since Illinois is home to many lakes and rivers, boating is a popular leisure activity here. For many people, leisure goes hand-in-hand with drinking. No matter what type of boat you are sailing in, it is always illegal to operate any vessel while under the influence of alcohol or drugs.
While the consequences you could face if you are convicted of boating under the influence (BUI) can vary depending on several factors, you can be sure that BUI is taken very seriously by Illinois authorities. A recent court case regarding an incident that took place three years ago highlights just how serious BUI accusations can be. If you are at risk of a BUI charge, contact a dedicated Aurora, IL criminal defense lawyer to learn more.
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