Posted on April 28, 2017 in DUI

When you are charged with the criminal offense of driving under the influence (DUI), it has the potential to change your life forever. Regardless of whether you are ultimately convicted, your license can be suspended, leading to difficulties keeping your commitments—including work. If you are convicted, you could even spend time in jail.

Basics of DUI Offenses

Just your first DUI offense can result in the loss of driving privileges for up to six months. In many cases—especially if it is your first offense—you are likely to qualify for a Monitoring Device Driving Permit which allows you drive legally while your license is technically suspended.  Participation in this program, however, means that you must install a Breath-Alcohol Ignition Interlock Device (BAIID) in your vehicle. Before your car will start, you must use the BAIID to prove that your blood-alcohol content (BAC) is below the acceptable limits set by the program.

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 Posted on April 21, 2017 in Drug Crimes

Illinois has fairly strict laws about drug possession, distribution, and trafficking. The latter two are decidedly more serious, as one might imagine, but many become confused when dealing with the prosecution process. There are state and federal charges, with varying degrees of severity, and those unfamiliar with the law may have trouble determining which regulations apply to them and which do not.

Classifying Drugs

The Illinois Controlled Substances Act sets forth information on which drugs are classified under which schedule, and grants the state of Illinois the authority to reschedule any drug if it is rescheduled under the corresponding federal law. There are five schedules, with Schedule I including the most dangerous drugs and Schedule V listing the least dangerous.

There are a number of factors that go into federal and state authorities classifying a drug under a certain schedule, including but not limited to the potential for abuse, the degree to which the drug can be used for legitimate medical purposes, and potential long-range effect on individual and public health. This is relevant in terms of assessing distribution and trafficking offenses because public health is a concern. A drug may be is placed on a certain schedule due to widespread fear of abuse or belief in its potential to cause long-term effects, distribution or trafficking of the drug can cause significant harm to public health.

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 Posted on April 14, 2017 in DUI

A conviction on charges of driving under the influence (DUI) is likely to have costs that extend beyond fines, license revocation, and jail time. It can mean, among other things, ineligibility for federal welfare benefits, an increased possibility of deportation, ineligibility for reductions in car insurance rates, and mandatory alcohol education counseling. If you or someone you know is facing a DUI charge, it is essential to understand the full consequences of a conviction.

Compromised Civil Liberties

After two DUI convictions, any further conviction will be classified as a felony. A conviction for a felony offense not only means more severe sentencing requirements, but also the loss of civil liberties, such as the right to vote, the right to possess a firearm, and the right to get a passport. Some of these can be eventually restored but the process of doing so may be difficult and expensive.

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 Posted on April 06, 2017 in Theft

There are two basic types of theft one can be charged in the state of Illinois: petty theft and felony theft. One may sound less severe than the other, but both can have lasting implications for the accused. Learn more about these classifications of theft, their consequences, and what you can do to fight back against the charges.

Defining Theft in Illinois

The Illinois Criminal Code defines theft as intentionally or knowingly depriving an owner of their property. The includes all manner of theft, such as obtaining or exerting unauthorized control over an owner or their property, deceiving another to gain unauthorized control over their property, or using threat or force to obtain control over another’s property. One can also be charged with theft if they obtain or exert control over assets that they knew had been stolen—buying stolen goods, for example.

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 Posted on March 31, 2017 in Criminal Defense

So, you have been accused of a crime; now what? First of all, remember that you have the right to remain silent. You do not need to speak to any police officer or other authority figure about anything relating to your case. Law enforcement officials are skilled at their jobs and have been known to manipulate facts to coax people into admitting guilt. Do not fall for this. Instead, it is vital that you seek the help of a skilled Illinois criminal defense attorney immediately. Criminal charges can be life changing and without assistance, you may find yourself facing severe legal, financial, and emotional consequences. It is important that you hire an attorney with the knowledge and skills required for your specific charges. Finding a quality attorney, however, can be tougher than it sounds, and it starts with asking the right questions.

Questions for Potential Attorneys

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 Posted on March 24, 2017 in Traffic violations

Fleeing from a police officer is one of the most serious traffic offenses in Illinois. If a police officer tries to pull you over but you do not cooperate, you could face jail time and suspension of your driver’s license, as well as a permanent mark on your criminal record.

Fleeing and Eluding

To convict a person of fleeing or attempting to elude a peace officer, the prosecution must show three things:

• That the offender was driving a motor vehicle;
• That the police officer gave the driver a visual or audible signal to bring the vehicle to a stop; and
• That the driver willfully failed to stop, increased speed, extinguished the car’s lights, or otherwise fled.

Willfully means that the prosecution must show that the fleeing was purposeful. If the driver fled or eluded the officer unintentionally, he or she cannot be convicted.

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 Posted on March 17, 2017 in License Reinstatement

Getting caught driving under the influence (DUI) can be a frightening experience. Knowing what to expect can help reduce some of the anxiety, but it can also give you the tools you need to develop a strategy. It is important to understand how the law works regarding the statutory suspension and revocation of a driver’s license for those who have been arrested on charges of DUI.

What Happens After the Arrest?

Once you are arrested for DUI, you must choose whether to submit to chemical tests or decline. If you decline, or if your results exceed the legal limits, the Illinois Secretary of State receives confirmation of your DUI arrest. From there, the agency sends you notification of the summary suspension/revocation. This is typically sent out within one to two weeks after they receive your test results or refusal to test.

When Does Your Suspension Go Into Effect?

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 Posted on March 10, 2017 in License Reinstatement

If you are convicted of a criminal offense—especially one related to driving—it is very common that the consequences may include the suspension or revocation of your driver’s license. Some offenses may even bar you from ever getting it back. Depending on the circumstances of the situation, you may be able to apply for its reinstatement, though the process can be complex.

Reasons for Revocation

Many people are surprised when their license is revoked or suspended because it can be done for reasons that have nothing to do with driving. The rationale is that driving is a fundamental privilege that many people take for granted, and taking a person’s license away may wake some people up, so to speak, prompting correct whatever has caused the suspension or revocation.

Some examples of offenses that can lead to your license being revoked or suspended include:

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 Posted on February 28, 2017 in License Reinstatement

Learning that your driving privileges have been suspended or revoked in Illinois can be quite an upsetting occurrence – especially when it is a law enforcement officer who informs you of this fact during the course of a traffic stop. You may have had no idea that your driver’s license was suspended or revoked, yet you may be placed under arrest and charged with a misdemeanor or felony offense (depending on the number of times you have been convicted of driving while your license was suspended or revoked). What is more, restoring your driving privileges can be just as confusing as knowing how to address your criminal charges.

Discovering the Reason for Your Suspension or Revocation in Illinois

A "suspension" is a temporary cancellation of your driving privileges for a specific period of time or until a certain condition is fulfilled. A "revocation" is an indefinite cancellation of your driving privileges that may or may not be reversed.

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 Posted on February 16, 2017 in DUI

Most people who decide to get behind the wheel after drinking usually realize that what they are doing is illegal and dangerous. Awareness regarding the danger and irresponsibility of drunk driving has steadily increased since the early 1990s when many states began to launch serious campaigns to deter drunk drivers. Around the same time, police departments across the country focused their efforts on cracking down on drunk driving offenses.

Unfortunately, however, the problem of driving under the influence has not, in any real way, been eradicated. The numbers, in fact, tend to fluctuate with no discernable pattern from one year to the next. In 2012, for example, there was a significant increase in the number of fatalities resulting from drunk driving, that after 2011 when the death toll fell below 10,000 for the first time.

Reaction to Rising Death Numbers

That year saw a 3.3 percent increase in fatalities, causing some activists to call for ignition interlock devices to be installed in the car of every convicted drunk driver across the country. In Illinois, a person convicted of drunk driving may apply for driving relief during the period of statutory license suspension and choose to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his/her vehicle. If a person convicted of drunk driving qualifies for the program and has the BAIID installed in his vehicle, there are no other stipulations regarding his driving rights. He or she may drive anywhere at any time and is allowed to travel, even interstate, providing that the BAIID is installed and functioning properly.

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