Posted on September 23, 2020 in License Reinstatement

Thousands of drivers who have had their license suspended or revoked in Illinois can benefit from a new Illinois law that took effect recently: the License to Work Act. Governor JB Pritzker signed the bill into law at the start of the year, but it took effect on July 1. The law protects people who have unpaid tickets, fines, and fees. If you are trying to determine how to get your license reinstated or have more questions regarding your rights as a driver in Illinois, seek legal counsel from a criminal defense attorney with experience in representing clients in traffic violation and license reinstatement cases.

License to Work Act

The License to Work Act focuses more on repealing Illinois laws that are neither beneficial to drivers nor the State. Until July 1, 2020, having too many unpaid tickets, fines, and fees could result in a license revocation or suspension. This had a negative effect on tens of thousands of Illinois residents who lost their driving privileges for relatively inconsequential offenses. The original law was designed to prevent the State from losing too much revenue due to unpaid fines, but this strategy proved ineffective, as drivers both lost their licenses and still opted to leave tickets unpaid for financial reasons. This promoted a cycle that forced many residents who need their license to drive to work to suffer even further economic hardship.

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 Posted on September 16, 2020 in Weapons Charges

It is still legal to own a firearm in Illinois, but it is essential to know how Illinois gun laws are changing to avoid any gun charges. In a recent effort to curb shootings, Governor J.B. Pritzker signed a new gun control law that provides more regulation for firearms dealers. The specifics of the law have widespread ramifications. If you face weapons charges for unlawful possession or use of a firearm, speak with a criminal defense attorney in your area as soon as you can.

2019 Firearms Dealer Regulation Legislation

Very early in Governor J.B. Pritzker’s tenure, he signed a bill into law that provided more oversight for Illinois firearms dealers. This was intended to be the first step of many towards more rigorous gun control in Illinois. The legislation that passed made it illegal for any retailer to sell weapons without certification from the state. Any weapons dealer intending to legally sell firearms under the new law would need a license from the Federal Burea of Alcohol, Tobacco, Firearms, and Explosives. Also, retailers must provide a copy of their license to the Illinois State Police. To top it off, all dealers must maintain a detailed electronic inventory, require all employees to undergo training annually, and have surveillance and anti-theft equipment throughout their store.

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 Posted on September 09, 2020 in Weapons Charges

Any Illinois resident who wishes to own a firearm legally must have a valid Firearm Owners Identification (FOID) card. Even if someone does not use a firearm in any way, they still risk penalties for either not having a FOID or invalidating its terms. If you face weapons charges or need to fight any accusations that you illegally possess a firearm, speak with a criminal defense attorney with experience in Illinois weapons law. Weapons charges and FOID penalties can be harsh, so you will want to lessen or avoid them at all costs.

Illinois FOID Violations

Gun laws vary from state to state, so if you are not familiar with Illinois’ gun laws, study them thoroughly before getting a weapon or applying for a FOID card. It may go without saying, but if a FOID cardholder uses a firearm illegally, the police will revoke their card. Also, that cardholder will have to disclose the serial numbers of any firearms that they own.

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 Posted on August 28, 2020 in Felonies

Since there is no federal mandate for masks or social distancing to help combat the coronavirus, states are taking their own approach. Many, including Illinois, have opted for a mask mandate that requires people to wear cloth masks in public. Despite this mandate, police have no real way to enforce such mandates. The burden of enforcing these rules has fallen primarily on retail workers, who have the power to deny service and remove customers from a business if they refuse to comply.

As a result, many individuals around the country have assaulted such workers. Some states have not taken any steps to provide any additional protections for essential workers, but Governor Pritzker recently signed a bill into law allowing prosecutors to charge those who assault workers for upholding mask bans with a felony.

Assaults on Workers and Felony Charges in Illinois

To be more specific, assaults on workers who are enforcing mask or social distancing policies can be punished with aggravated battery felony charges. Before this new law, ordinary battery charges were only considered misdemeanors. Such an offense was punishable by up to a year in prison and fines up to $2,500. By elevating the unique case of coronavirus-related assaults to a felony, punishments become steeper. A felony can be punished by up to five years in prison and as much as ten years if the defendant has a criminal history. Also, these prison sentences can be paired with fines of up to $25,000.

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 Posted on August 20, 2020 in Domestic Violence

Overall, the broadening of domestic violence laws and resources has helped victims throughout the U.S. However, that does not mean that there are not people who make false accusations of abuse. If someone falsely accuses you of domestic violence, you should take the possible conviction seriously and develop an aggressive defense with a trustworthy domestic violence attorney.

Although domestic violence usually implies an abusive relationship between spouses or people in an intimate relationship, Illinois law expands that definition to include more potential victims. The Illinois Domestic Violence Act states that the following parties can make domestic violence claims:

• Family members related by blood
• People who are married or used to be married
• People who share or used to share a home, apartment, or other common dwelling
• People who have or allegedly have a child in common or a blood relationship through a child in common

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 Posted on August 13, 2020 in Marijuana

At the beginning of 2020, Illinois legalized recreational marijuana for adults and vowed to expunge marijuana charges from criminal records. Not all marijuana convictions will be expunged or sealed, but you can expect the following:

• Cases involving 30 grams of cannabis or less are eligible for automatic expungement.
• People can petition to have felony charges involving 30-500 grams of cannabis expunged. These requests will depend on prosecutor approval.
• No offenses involving over 500 grams of cannabis will be expunged under the new provisions.

Unfortunately, this will not happen overnight. It is such a complex procedure that officials can only provide optimistic estimates of when they expect all eligible records to be expunged.

Complications arise when marijuana charges are connected with other felonies or misdemeanors when those convicted in the past have moved in the time since a court issued their charges, and when the paperwork involved is handled by multiple government agencies.

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 Posted on August 06, 2020 in Traffic violations

There is a wide range of traffic offenses in Illinois, and they all result in penalties of some sort. To determine how severe a punishment a particular offense warrants, the Illinois DMV uses a "point system" to grade an offense. To understand how penalties are issued for traffic offenses in Illinois, you should take a closer look at this point system. If you ever face charges for traffic offenses, seek the guidance of a skilled and reliable traffic offenses attorney.

Illinois Traffic Offense Point System

The Secretary of State's office divides traffic offenses into three categories:

• Immediate action: This is an immediate suspension or revocation of a driver's license.
• Non-point assigned: These do not directly result in punishment but can be used with other circumstances. For example, if a driver commits a non-point assigned offense while their license is suspended, a penalty may follow.

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 Posted on July 30, 2020 in Felonies

Illinois law defines five categories of felonies. Each level is associated with different crimes. All the crimes at each level tend to carry equal or similar punishments. If you, a friend, or a loved one ever face charges for a crime in Illinois, it is crucial to understand the fines and penalties that are associated with the crime. Class X felonies are the most severe category of crimes in Illinois, a step below first-degree murder. A criminal defense attorney in your area can help you understand the consequences of a Class X felony. Work with an attorney you can trust to build your case and aggressively defend you in court.

Class X Felonies

Some examples of Class X felonies in Illinois include:

• Aggravated arson
• DUI (minimum of five prior convictions)
• Home invasion
• Aggravated Battery of a child
• Aggravated Battery with a firearm
• Aggravated vehicular hijacking

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 Posted on July 23, 2020 in Criminal Defense

When confronting felony charges, it is common for the accused to take a plea deal to diminish their sentence. Defendants might plead guilty to reduce charges for less severe offenses, dismiss additional charges if they face multiple, serve a sentence concurrently rather than consecutively, or a combination of all three. Although superficially, this appears like a good deal for someone facing a lengthy jail sentence, recent investigations suggest that the prevalence of plea deals in criminal cases maintains high prison populations across the country.

If you or a loved one are accused of a crime and could face felony charges, speak with a criminal defense attorney as soon as you can. Finding one who will aggressively protect your rights is the key to either lowering your sentence or proving your innocence.

Plea Bargains and Mass Incarceration

Plea bargains have become an increasingly common tactic in courtrooms since 1980, which journalist and Yale Law lecturer Emily Bazelon attributes to the mandatory minimum sentence laws that legislators around the U.S. have passed since then. With mandatory minimum sentence laws, crimes are categorized by their relative severity and given a mandatory punishment (whether it be fines or jail time) that is non-negotiable and that the convicted must serve.

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 Posted on July 17, 2020 in Traffic violations

As a driver in Illinois, it never hurts to review the rules of the road. A law that people sometimes neglect or fail to adhere to because of a lack of awareness is Scott’s Law or the Move Over Law. We will explain what it is, why the rule exists, and what penalties a violation carries. If you face traffic law charges, speak with a traffic law attorney. With their help, you will protect your rights and potentially lessen or eliminate any unwarranted charges.

Scott’s (Move Over) Law

In 2000, a Chicago Fire Department lieutenant, Scott Gillen, was killed by a speeding, drunk driver. As a result, the Illinois legislature passed Scott’s, or the Move Over, Law. Its premise is simple: if a first-responder has their siren or hazards on, all drivers in the vicinity need to move to the opposing side of the road and slow down. A significant amount of first-responder deaths each year encouraged Governor J.B. Pritzker to pass a more robust version of Scott’s Law. The new iteration comes with more potent repercussions.

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