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Recent Blog Posts

Defending Against False Allegations of Illinois Retail Theft

 Posted on November 22, 2019 in Theft

IL defense lawyerIt has been getting harder and harder for criminals to steal from retail shops due to the security measures being taken. However, people still attempt to steal and unfortunately, this makes stores extra cautious.

As a result, patrons who frequent a specific store may be falsely accused of retail theft if they have previous purchases with them when they enter the store. Without the proper authorities being involved, a falsely accused person could face possible felony charges.

What Are Illinois’ Penalties for Retail Theft?

The state of Illinois covers a wide range of criminal actions when it comes to retail theft. A person could face charges of retail theft not only for running from a store without buying items but also if they are caught:

  • Switching labels on an item to make it seem cheaper in price
  • Attempting to remove security devices from an item to not set off the alarm

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Illinois Sexual Assault Felony Charges Lead to Sex Offender Registration

 Posted on November 12, 2019 in Felonies

IL defense lawyerSexual assault is a felony crime in Illinois and can be considered a crime of domestic violence if the abuser is related to their victim.

Illinois law defines sexual assault as one person commits an act of sexual penetration without the consent of the other person involved. Another type of sexual assault is called “statutory rape” in which a person over the age of 18 years old engages in a sexual act with a minor - under 18 years old. Even if the minor gives consent, they are not considered old enough to be able to give proper consent and the adult can be charged with sexual assault.

According to Illinois Law

Illinois legislation reports that most cases of sexual assault are not even reported, let alone convictions made. Approximately only one in five reported cases end in a conviction; the number is so low because of the impact in which sexual assault takes on the victim.

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Illinois Law Against Speeding in Construction Zones

 Posted on November 01, 2019 in Traffic violations

IL defense lawyerThe road is dangerous enough on its own, but when driving through a construction zone, there are many other obstacles to be aware of. Therefore, instead of speeding up, drivers are expected to slow down and be extra alert in case of holes in the road, barricades, and workers doing their jobs.

Speeding within a construction zone is a traffic violation and can be considered reckless driving. This is because a driver who is traveling too fast through a work zone is putting themselves, other drivers, and construction workers at risk of injury or death.

Punishments can be as simple as a traffic ticket for speeding in a construction zone or as serious as facing felony reckless homicide penalties.

Rules of Construction Zones

The Illinois Department of Transportation reported that from 2010-14 there were 4,500 motor vehicle crashes within construction zones. Of that number, 1,100 people were injured and 27 were killed.

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Punishments for Failure to Stop on Illinois Roadways

 Posted on October 25, 2019 in Traffic violations

b2ap3_thumbnail_stop.jpgOver the years, drivers have become more and more aggressive on the road. A lot of drivers push the speed limits; in a hurry to get where they are going. Others have gotten into the habit of running red lights or not stopping at stop signs. In a recent study by AAA, 939 people were killed nationwide as a result of drivers failing to stop at intersections that require them to stop for other cars or pedestrians. Because of this statistic, drivers who fail to stop could potentially be charged with reckless driving or even reckless homicide in cases where a person was killed.

Why It Is Important to Obey Stop Signs/Lights

The amount of people who travel in cars has also increased year after year, making the roadways a busy place. It is important that everyone obey the rules of the road to avoid collisions that could potentially involve many cars.

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How Does Illinois Punish Drug Trafficking Offenders?

 Posted on October 17, 2019 in Drug Crimes

b2ap3_thumbnail_drug-Crimes.jpgIllinois still has a few months before marijuana is legal for more than just medical usage. There are still serious consequences for those who are caught possessing, selling, and/or trafficking marijuana or another illegal substance.

Illinois Controlled Substance Act

The act of trafficking drugs into the state of Illinois is covered under the Controlled Substance Act. Trafficking is defined as knowingly bringing an illegal substance into the state with the intent to deliver and/or sell the drugs to others.

Offenders of the Controlled Substance Act will face felony punishments that increase in severity based on the amount of drug in the offender’s possession.

Trafficking cannabis punishments include:

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What to Expect During an Illinois DUI Stop

 Posted on October 10, 2019 in DUI

b2ap3_thumbnail_DUI_20191014-235658_1.jpgIt is always a scary feeling to see red and blue flashing lights in your rear-view mirror, especially if you know you’ve had a few drinks before getting behind the wheel. A lot of people think that they will be arrested for a DUI offense if they have a blood alcohol content (BAC) over the legal limit and so they refuse the necessary tests during the traffic stop.

It is within a person’s rights to refuse the breathalyzer test and the typical field sobriety test during the traffic stop, however, that would result in an automatic one-year suspension of a driver’s license and a possible arrest where the test will be administered at the police station.

However, an arrest is not usually made unless the officer knows for sure that a driver is drunk. How do they figure that out without a chemical or field sobriety test? They observe a driver’s behavior, movements, smells, and use techniques to properly determine the sobriety.

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Consequences of Falling Asleep While Driving

 Posted on September 27, 2019 in Traffic violations

IL defense attorneyA recent study from the National Highway Traffic Safety Administration concluded that on a national scale, falling asleep behind the wheel of a car has caused 72,000 crashes - 44,000 injuries and up to 6,000 deaths. Drivers are expected to keep control of their vehicles at all times, so, in Illinois, if someone falls asleep at the wheel, they can at least be issued a traffic ticket. In cases where another person was hurt or killed by a drowsy driver, the offender will face felony charges.

Penalties that Result from Drowsy Driving

It is not safe to drive when you are tired. Drivers who do not only put themselves at risk, but also endangers the lives of others on the road or pedestrians walking along the side of the road.

This is why anyone who causes an accident while driving sleepily will face reckless driving penalties which in most cases means a Class A misdemeanor. There are some exceptions which make the charges felony offenses:

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Understanding Property Damage Charges in Illinois

 Posted on September 20, 2019 in Criminal Defense

b2ap3_thumbnail_damage.jpgAnger can result in a person lashing out in a variety of ways. They can lash out verbally by threatening a person who is causing their anger or they can lash out physically by assaulting someone or damaging their property.

In the state of Illinois, property damage can lead to either misdemeanor or felony charges depending on the seriousness of the damage that occurs during the violation. The more money it costs to fix the property that was damaged, the higher the consequences for the offender.

Illinois Criminal Property Damage Law

Illinois law makes it clear what is considered a property damage offense and what the proper consequence should be based on the evidence provided. The following are offenses that are included in the Illinois Criminal Property Damage Law:

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Will Growing Marijuana Be Legal Next Year?

 Posted on September 13, 2019 in Marijuana

IL defense lawyerContrary to popular belief, it will not be a free-for-all beginning the first of the year when marijuana for recreational use becomes legal in Illinois. There are still certain regulations that will need to be followed. One part of the Illinois drug law that will not change in 2020 is that no one is permitted to grow cannabis plants in their home. The only exception to that rule is medical marijuana users; they will need a doctor’s note to do so (up to five plants).

Anyone caught growing cannabis without a doctor’s permission will face a drug charge and be fined $200. Instead of growing it, Illinois residents will be able to purchase the drug from any one of 20 cultivation facilities that have already been licensed to sell marijuana.

What Does the Law Currently Say?

There are still several months before marijuana becomes legal in Illinois. Until that time, residents should abide by the drug law or face felony punishments if caught possessing any illegal substance.

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Failure to Yield at a Railroad Crossing Leads to License Suspension

 Posted on September 06, 2019 in Traffic violations

IL defense lawyerIllinois was ranked fifth in the country by the Federal Railroad Association for railroad crossing collisions in 2018. In total, Illinois saw 109 collisions (17 deaths and 34 injuries), most of which occurred because safety regulations were not being met by the motorists. Failing to obey the signs that a train is coming is not only a traffic violation, but it also puts lives at risk, as proven by the aforementioned statistics. Not only is the motorist risking their life by trying to beat a train through a crossing, but innocent bystanders can be hurt or killed by debris after a crash.

Signs That a Train Is Approaching

There is plenty of warning given to drivers when they are approaching a train crossing. There will be signs indicating that a crossing is coming up and there may even be lights flashing to alert drivers to prepare to stop.

When a train is approaching, motorists will see:

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