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Recent Blog Posts
How Can I Prevent Other People From Seeing My Criminal Conviction?
Being convicted of a crime can result in jail time and other serious criminal penalties. However, for many people, the consequences do not end when they get out of jail. Individuals who have been convicted of a criminal offense often find it nearly impossible to have a normal life. Because the record of the conviction is available to the public, other people can easily find out about the conviction, which can be humiliating. Employers and landlords who perform background checks or even simple internet searches may find the conviction record, making it extremely difficult for the offender to find adequate housing and employment. Having a conviction on your record can also affect your ability to get a professional license or go to college.
If you were previously convicted of a criminal offense, record sealing may help you move on to a better future. For many, having a criminal record sealed is the first step toward building a new life.
Sleeping Pills Can Lead to DUI Charges, Even for Lawful Users
Millions of Americans struggle with insomnia and other sleep problems. Prescription medications such as Ambien may offer a solution, but prescription medication users must know the risks associated with these powerful sleep aids.
Driving under the influence (DUI) charges are usually associated with drunk driving. However, Illinois law clearly states that any intoxicating compound can lead to DUI charges. Even prescription medication for which the driver has a prescription can lead to DUI charges and associated penalties.
Illinois DUI Laws
Most people assume that your blood alcohol concentration (BAC) has to be over the legal limit for you to be in danger of drunk driving charges. However, in Illinois, it is possible to be arrested for DUI even if your BAC is under 0.08 percent. The law states that a driver may be considered under the influence if they drive while impaired by medication or an intoxicating substance. You can face DUI charges if police officers believe that you are too impaired to drive safely, even if you have not taken any illegal substances.
Understanding Your Rights Regarding Vehicle Searches in Illinois
The United States Constitution protects some of our most sacred rights. Among these rights is the right to a reasonable degree of privacy. Government authorities such as police officers cannot enter your property or seize your assets without unless certain criteria are satisfied.
For houses, apartments, or other dwellings, police usually need a search warrant from a judge before conducting a search. However, motor vehicles are exempt from the search warrant requirement. It is important for everyone to know their rights regarding vehicle searches. When a police search is performed illegally, the evidence collected during the search may be inadmissible in court.
When Police Officers May Search Your Car
Police can search a vehicle for drugs, weapons, or illicit items under a few different circumstances. However, if police conduct a search without appropriate justification, anything they uncover during the search may be dismissed under the exclusionary rule.
Local Municipalities, Counties Among Top for Illinois DUI Arrests
The Alliance Against Intoxicated Motorists (AAIM) has released a series of lists including the number of driving under the influence (DUI) arrests and the arrest rates of Illinois law enforcement agencies for 2021. While the City of Chicago and Illinois State Police are categorized separately given their higher total numbers. A number of local counties and municipalities are near the top of the lists. If you have been arrested for DUI, an experienced attorney can help craft a strong defense.
2021 DUI Arrest Statistics for Illinois
On the 2021 total DUI arrest list, Lake and McHenry County deputies rank second and third respectively, while Will County is eighth. Just outside the top ten, Kane County had the 11th most arrests. Area municipalities including Aurora, Lombard, Elgin, Franklin Park, Carol Stream, Elmhurst, Naperville, and Cicero are all in the top ten for local police departments. The lists for counties and municipalities who arrested the most drunk drivers per sworn officer featured many of the same locales.
New Illinois Law Targets Smash and Grab Robberies
Amid rising numbers of organized robberies of large retail establishments by organized groups, the state of Illinois has passed a new law, known as the INFORM Act, which will increase penalties for organized retail theft. Governor J.B. Pritzker signed the bill in May, and it will go into effect on January 1, 2023. While the most high-profile cases of these types of robberies have occurred on Michigan Avenue in Chicago, other retail establishments can be vulnerable targets. It reverses the recent trend of lowering the charges for shoplifting and other retail theft in recent years. Shoplifting and retail theft charges can carry serious penalties and you should work with an experienced retail theft defense lawyer if you have been accused of these crimes.
Increased Penalties for Organized Theft
Under the new law, an individual who participates in an organized retail theft that steals more than $300 in merchandise can be charged with a Class 3 felony. If the offender engages in thefts from multiple commercial establishments, they could be facing Class 2 felony charges.
Getting Your License Back After a Suspension or Revocation in Illinois
Without a valid driver’s license, your ability to work, run errands, and take care of your family could be jeopardized. A suspension or revocation of your license may result from a DUI or serious traffic violation. No matter what reason you lost your license, an experienced driver’s license reinstatement attorney can help you get reinstated and get your life moving again.
Formal and Informal Hearings to Reinstate Your License
There is a process that must be followed before your license can be reinstated. If you drive on a suspended or revoked license, you could be charged with a Class A misdemeanor and risk stiff fines and even jail time.
If your license was suspended or revoked for minor traffic violations, a first-time DUI, or an offense that did not involve a fatality, the first step is an informal hearing in front of a hearing officer with the Illinois Secretary of State’s office. These hearings are available at select Driver Services facilities and are held on a walk-in basis, with no appointment necessary.
What to Know About Shoplifting in Illinois
The offense of shoplifting, or retail theft as it is also known, is often viewed by many as a minor crime, but it is taken seriously by retailers and law enforcement. If you are caught shoplifting in Illinois, you are facing some of the strictest penalties in the nation. The definition of shoplifting is broader than you may think, encompassing many forms of deceiving retail stores and their workers.
Types of Shoplifting and Penalties in Illinois
Shoplifting is not just hiding merchandise under your shirt or in your pocket and leaving the store without paying. There are many actions that could result in you facing misdemeanor or even felony charges.
Under Illinois law, the following actions constitute shoplifting or retail theft:
- Leaving a store with merchandise without paying for it.
- Concealing merchandise within other merchandise to hide it from the cashier and sneak it out of the store
Penalties for Street Racing and Drag Racing in Illinois
Drag racing, car racing, and other motorsports are popular spectator sports, attracting legions of fans to large venues and small tracks all around the state. However, some car owners feel tempted to recreate the speeds of race cars on Illinois streets. Participating in street racing, also known as drag racing, is a serious traffic violation and will result in more than just a simple speeding ticket. If your actions fall under the Illinois street racing statute, you could be facing more serious penalties, including the loss of your driver’s license, fines, and even jail time.
What Counts as Street Racing Under Illinois Law
The definitions of street racing in Illinois law generally cover any attempts to see if your car is faster than someone else’s. You can be charged with street racing if you:
- Race another car side by side and try to outdistance each other
What Are the Penalties for Stealing a Car in Illinois?
Given the greater monetary value of a typical vehicle, auto theft is considered a very serious crime in Illinois. However, the act of starting up someone else’s car and driving away is only one scenario that is related to the theft of motor vehicles under Illinois law. Since the theft of a motor vehicle must be proven to be an intentional act, it is essential that you work with an attorney who is experienced in motor vehicle theft cases and can build a strong defense for you.
Penalties and Stealing or Possessing a Stolen Vehicle
The act of stealing or possessing a stolen motor vehicle valued at more than $10,000 is classified as a Class B felony. Penalties can include three to seven years in prison, fines of up to $25,000, and restitution for the value of the vehicle. In less serious cases or for first-time offenders, community service or probation are possible. You also run the risk of having the offense on your permanent criminal record, which can impact your employment, your housing opportunities, your ability to be admitted to academic programs, and other negative consequences.
Slow Down to Avoid Aggravated Speeding Charges in Illinois
After crawling your way through traffic, the highway finally opens up with hardly another car in sight. Unfortunately for you, the first car you do see is a police car, and you were going well over the speed limit. What looked like an open highway just turned into an aggravated speeding charge. Given the severe consequences that aggravated speeding can bring in Illinois, it is best to seek out an experienced defense attorney.
Definitions and Consequences of Aggravated Speeding
Under Illinois law, if you are caught speeding 26 miles per hour or more over the posted speed limit, you can be charged with a Class B misdemeanor. Traveling more than 35 mph over the limit will bring Class A misdemeanor charges and even more serious consequences.
A Class B misdemeanor can result in fines of up to $1,500 and six months in jail. The Class A misdemeanor charge raises the punishment to $2,500 in fines and up to twelve months in jail. On top of that, your driver’s license could be suspended or revoked, and you will most likely be facing much higher auto insurance rates. If you hold a Commercial Driver’s License, that will also be suspended, putting your continued employment at risk.
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