Posted on May 07, 2021 in Criminal Defense

There are a handful of reasons why a person could end up with a suspended or revoked license. Some of these reasons do not even relate to driving, yet you can still lose your license all the same. Not paying fines relating to parking tickets, tolls, or automatic traffic violations, can lead to license suspension. Failing to pay court-ordered child support or failing to appear for a traffic citation could also result in a license suspension. Driving while under the influence (DUI) is one of the most common reason a person has their license suspended or revoked. Though it can be irksome to lose your ability to drive, choosing to drive even while your license is suspended or revoked can result in criminal penalties.

Penalties for Driving With a Suspended License

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 Posted on April 28, 2021 in Drug Crimes

When a person is arrested and charged with drug crimes, the prosecution’s case will often rely on the evidence recovered. Drugs or drug paraphernalia that are found on a person, in their vehicle, or in their home may be used as evidence, and depending on the amount of drugs and other types of evidence, such as materials used to manufacture or package drugs, a person may face charges of drug possession or drug manufacturing and delivery. However, police officers are required to follow the law when performing searches, and in cases involving illegal search and seizure, the evidence recovered by police officers may be inadmissible.

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 Posted on April 21, 2021 in Domestic Violence

Being accused of domestic violence can be devastating. These types of claims can permanently damage a person’s reputation while also affecting their relationships with family members or friends. Accusations can also lead to criminal charges, and in serious cases, these crimes may be considered felony offenses. A felony conviction can result in a prison sentence of one year or more, as well as up to $25,000 in fines. In domestic violence cases, a person will need to know how the law applies to them and their options for defense.

Felony Domestic Violence Charges

Accusations of domestic violence may result in the following types of felony charges:

• Domestic battery - This offense may apply if a person allegedly caused bodily harm to a member of their family or a person who lived in their household. While a first conviction of domestic battery is usually prosecuted as a Class A misdemeanor, a second offense is a Class 4 felony. Aggravated domestic battery charges may apply if a person’s actions allegedly caused great bodily harm, permanent disability, or disfigurement, or if they allegedly strangled a person while committing domestic battery. Aggravated domestic battery is a Class 2 felony.

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 Posted on April 16, 2021 in License Reinstatement

Most people need to be able to drive as part of their daily activities. Getting to and from work, transporting children to school or other activities, or running errands will usually require the use of a car. This means that whenever a person loses their driver’s license, they will want to understand how they can get their driving privileges reinstated as quickly as possible. Depending on whether an Illinois resident’s license was suspended or revoked, they may need to attend a license reinstatement hearing, and the reason they lost their license will determine whether a formal or informal hearing will be required.

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 Posted on April 07, 2021 in BAIID

Being arrested for drunk driving can lead to multiple different types of consequences, especially if you are convicted for the criminal offense of driving under the influence (DUI). If you are convicted of DUI, your driver’s license will be revoked for at least one year, but even if you are not convicted, your license will be suspended if your blood alcohol content (BAC) was above the legal limit or if you refused to submit to blood alcohol testing. In order to regain your driving privileges, you may need to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle.

First-Time DUI and Ignition Interlock Devices

Following a first-time DUI arrest or conviction, you may be eligible to receive a Monitoring Device Driving Permit (MDDP) while your license is suspended. This permit will not place any restrictions on where or when you can drive, but it will require you to install a BAIID in any vehicles you will be driving. Before driving, you will blow into this device, and the vehicle will not start unless the breath sample is negative for alcohol. The device will also take your picture to ensure that you are the one who is providing the breath sample.

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 Posted on March 26, 2021 in Criminal Defense

Even though most people never intend to run afoul of the law, there are some situations where a person may be accused of harming someone else, and these may lead to criminal charges. In some cases, an argument or disagreement may get out of control, causing a person to feel threatened, or a physical fight may break out, resulting in injuries. These situations could lead to assault and/or battery charges. While these charges are often used together, they are two separate offenses, and it is important to understand the distinctions between them. Depending on the circumstances of a case, assault or battery may be charged as a misdemeanor, or aggravating factors may lead to felony charges.

Assault Charges

A person may be charged with assault if they knowingly take actions that would reasonably cause someone else to fear that they will suffer bodily harm or to believe that the person will make physical contact with them in an offensive or insulting manner. Since assault involves the threat or anticipation of action, a person may be charged with this offense if they verbally threaten to harm someone else, pull back their fist in preparation to punch someone, or brandish a weapon in a threatening manner.

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 Posted on March 16, 2021 in Traffic violations

There are multiple ways that a driver may be charged with a traffic violation. In many cases, traffic tickets will result in fines, but a driver may also see their insurance rates increase, and multiple violations within one year could even result in the suspension or revocation of their driver’s license. Traffic violations that take place in construction zones can result in more serious penalties. Drivers will need to be sure to understand the laws that apply in these situations and their options for defending against these types of violations.

Types of Construction Zone Violations

Usually, when road construction is being performed, reduced speed limits will apply for drivers who are traveling through the work zone. These limits will remain in effect whether work is being performed in the construction area or not. Automated photo speed enforcement may be used in some construction zones, although it can only be active at times when workers are present.

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 Posted on March 09, 2021 in Drug Crimes

UPDATE: As of January 1, 2020, Illinois laws regarding marijuana have changed. Adults over the age of 21 are allowed to possess and use up to 30 grams of cannabis for recreational purposes, and adults and minors may also possess and use marijuana for medicinal purposes if they have a debilitating medical condition and are authorized to participate in the Medical Cannabis Patient Program. Along with these changes to the law, the penalties that minors may face for possession of marijuana have been updated.

Minors under the age of 21 are prohibited from possessing or using marijuana, with the exception of those who are authorized to use medical cannabis. However, possession of marijuana by a minor is no longer a criminal offense, but is instead treated as a civil law violation. This type of violation may be punished by a fine of $100-200. If a minor is found to be in possession of marijuana in a motor vehicle, their driver's license may be suspended or revoked.

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 Posted on March 05, 2021 in Felonies

Of all the different types of criminal charges that a person can face, some of the most serious involve the accusation that a person caused someone else’s death. While intentionally killing someone else can lead to charges of first-degree or second-degree murder, a person may also face felony charges if they are accused of accidentally causing someone’s death. Depending on the circumstances, the offenses of involuntary manslaughter or reckless homicide may apply. Those who are facing these types of charges will want to understand how Illinois law applies to their situation and the potential penalties they could face if they are convicted.

Involuntary Manslaughter and Reckless Homicide Charges

A person may be charged with involuntary manslaughter if they unintentionally kill someone else without a lawful justification. Typically, involuntary manslaughter charges will apply if a person acted recklessly in a way that was likely to cause great bodily harm or death to someone else. In most cases, involuntary manslaughter is charged as a Class 3 felony, and a conviction can result in a prison sentence of two to five years. A person who is convicted of a felony may also be required to pay a fine of up to $25,000.

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 Posted on February 24, 2021 in Drug Crimes

There are multiple different types of illegal drugs and controlled substances that may be available to people in the United States. These substances are strictly regulated, and possession of illegal drugs can result in serious criminal charges. However, a person can be charged with an even more serious offense if they are accused of manufacturing drugs or selling controlled substances. These charges may apply if a person allegedly sold or delivered drugs to someone else, but possession of large amounts of drugs may also be seen as an indication that a person intends to sell or distribute these substances. Those who are facing these types of drug charges should be sure to understand how Illinois law applies to their situation, and by working with a criminal defense attorney, they can determine the best strategy for defense.

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