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Recent Blog Posts
What is Obstruction of Justice in Illinois?
There are many crimes that you may not know exist - or crimes that you may not think of when you think of crime. For some people, one of those elusive crimes may be obstruction of justice. Often, obstruction of justice charges are piled on top of other charges, which makes it harder to reach a plea deal or negotiate a better sentence. There are specific actions that you might take that can be considered obstruction of justice, so before you are facing these charges, it is a good idea to know what not to do. If you are already facing obstruction of justice charges, it is important to understand what kind of punishments you may be facing.
Legal Definition
The Illinois Criminal Code outlines what constitutes obstructing justice in Illinois. According to the Code, a person is considered to be obstructing justice when his or her actions are done with the intent to prevent the arrest, prosecution or defense of any person. You can be charged with obstructing justice if you commit any of the following actions:
The Dangers of Fake IDs, Part Two: Making or Selling a Fake ID
In colleges across the country, classes have begun and first time university students are taking all the excitement that higher education has to offer. Along with studying and classes, many college students also take the opportunity away from their parents to experiment with alcohol. Underage students who are not legally allowed to buy alcohol may try to circumvent these laws through illegal methods. In a recent post, we talked about some of the consequences you could face for borrowing an older friend or relative’s ID to get into a bar or club. This may seem like a minor offense to many college students- especially if their friends have gotten away with it in the past. However, using or even just possessing someone else’s state identification card can result in up to a year of jail time. For individuals who become more deeply involved in fraudulent identification schemes, the criminal consequences can be even more severe.
Those Selling Fake IDs Can Face Jail Time if Convicted
While less significant fraudulent ID offenses may only be considered misdemeanors, other offenses can be considered Class 4 felonies. The following crimes are punishable by one to three years in jail and fines up to $25,000:
The Dangers of Fake IDs, Part One: Using a Fake ID
For many, one of the most memorable parts of attending a college or university is going out to bars and restaurants with friends. Traditional college students start their courses around age 18 while the drinking age in the United States is 21. Students must, therefore, wait to patronize certain establishments for several years while older students can drink there freely. It can be extremely tempting to attempt to sneak into bars or order a drink at a restaurant for many underage college students. When sweet-talking the doorman or server does not work, some students try using a fake driver’s license or other false identification to gain entry into 21-and-over establishments. Buying or using a fake ID may seem like no big deal, but it is a crime and those found guilty of this crime can face very serious consequences.
You Can Lose Your Driving Privileges for Using or Buying a Fake ID in Illinois
Illinois state law says that it is illegal to acquire, distribute, use or even simply possess a faked or fraudulent state ID card or driver’s license. Furthermore, helping someone else obtain or use a fake ID is illegal. The state can and will suspend or even revoke a person’s driving rights if they are caught possessing another person’s license or state ID card. The revocation of driving privileges can happen even without a conviction.
As the Holiday Season Approaches - Don't Drink and Drive
In Chicago, the warm summer months have given way to cooler fall weather. This can mean only one thing: soon it will be the holiday season. While children prepare their Halloween costumes and treat bags, many adults are preparing for holiday parties and work get-togethers. A good percentage of these holiday events will involve alcohol.
It is no wonder that alcohol-related car accidents occur more frequently during the holidays. Research shows that approximately 300 people die in car accidents involving alcohol in the week between Christmas and New Year’s every year. Drunk driving not only puts your life and the lives of the other motorists on the road in danger, it also puts you at risk of receiving a DUI (driving under the influence). Being charged with a DUI can mean losing driving privileges or even spending time in jail.
Do Not Assume You Can Tell When You Are Too Intoxicated to Drive
Most people know that the legal limit for blood alcohol content (BAC) is 0.08 percent. However, many people do not realize what 0.08 percent BAC feels like. They may incorrectly assume that they are not legally impaired if they do not feel drunk. The reality is that it is nearly impossible to gauge how intoxicated a person is just by how they feel or act. Some people who are legally impaired may only show subtle signs of drunkenness while other individuals begin slurring their words or stumbling after only a few drinks. Many factors can influence a person’s BAC including
Guilt Beyond a Reasonable Doubt
In the American criminal justice system, a suspect is presumed to innocent until the government proves beyond a reasonable doubt that the suspect has committed a crime. Obviously, the most debatable part of that is “beyond a reasonable doubt.” What types of doubts are reasonable? And, reasonable doubt by whom? If you or someone you love has been charged with a crime, it is important to understand this crucial element of criminal law.
What Does Beyond a Reasonable Doubt Mean?
Depending on where you look, you might find dozens of variations on the definition of “beyond a reasonable doubt.” For example, West’s Encyclopedia of American Law says that “beyond a reasonable doubt” means that the only logical conclusion that can be drawn from the presented facts is that the defendant committed the crime. Other sources define the standard as proof “to a moral certainty.”
Speeding Tickets in Illinois
When you get a speeding ticket, do you know what your options are?
For petty offenses like speeding 10 to 20 mph over the limit, the most commonly chosen option is to check “Plead guilty and apply for court supervision” on the back of the ticket. You mail the ticket to the circuit court along with your fine and complete a driver safety course. As long as you keep a clean driving record until the end of the supervision period (usually three to four months), the violation will not appear on your driving record.
However, there are a few situations in which you may want to get an attorney and fight the ticket:
Three Convictions for Moving Violations in the Past 12 Months
If you have just gotten your fourth speeding ticket (or any other type of moving violation) within 12 months, there are several good reasons to try to fight it:
- Three moving violation convictions within 12 months will cause the Secretary of State to suspend your driver’s license for at least two to three months, and it is a hassle to get your license reinstated following a suspension.
Understanding Illinois Drug Crimes
Most people know the basic types of substances that are illegal in most states, but what you may not know is that there are many types of drug crimes you can be charged with, many of them at the same time. Each specific crime has its own requirements for sentencing if you are convicted of the crime, which is why it is important to understand what you are dealing with if you are facing a drug crime in Illinois.
Laws Concerning Illicit Drugs in Illinois
There are five acts in Illinois that govern the use, distribution, growth, manufacture, and sale of illegal drugs in the state. These acts include:
School Bus Math: Illegal Passing = Fines + License Suspension
If you are driving down the road and see a school bus stop to drop off kids, do you know what to do? If you fail to respond correctly, you could find yourself facing an expensive traffic ticket
Illinois School Bus Laws
Illinois Law (625 ILCS 5/11-1414) provides specific rules for approaching, overtaking, and passing a school bus. Flashing amber lamps provide a warning that a bus is within 100 yards of stopping in an urban area or within 200 yards of stopping in rural areas. When you see flashing amber lights on a bus, slow down and be prepared to stop.
When the bus actually stops, its red signal lamps will flash, and its stop sign arm will be extended. The law requires you to stop at least 20 feet from a stopped school bus displaying these signals. Watch for children crossing the street in front of the bus until they have safely completed their walk between bus and curb. Motorists may not proceed until the the school bus resumes motion or the school bus driver signals you that it is okay for you to proceed.
Understanding Domestic Violence Orders of Protection in Illinois
It is normal to have disagreements with those you are close to, but sometimes those disagreements can escalate quickly, and things can get heated. If there are allegations that you were violent or abusive toward someone you were close to, you can be accused of domestic violence, and if you are convicted, this charge can follow you for the rest of your life. If an order of protection is filed against you, living your life normally will be very difficult, which is why it is important to choose an adept defense attorney if you have been accused of domestic violence.
Illinois’ Definition of Domestic Violence
Domestic violence takes place between “family or household members” and occurs when one of them commits an act of “abuse” against another. According to the Illinois Domestic Violence Act of 1986, family or household members can be:
Penalties for Driving With a Suspended or Revoked License in Illinois
There are many ways you can have your license suspended or revoked in Illinois - maybe you failed a DUI chemical test, refused to take one, or just accumulated too many points on your driving record. Having your license suspended or revoked can be stressful and troublesome, but the last thing you want to do is be caught behind the wheel while you are not legally allowed to drive. This can lead to longer suspension or revocation periods, expensive fines, and, in some cases, even jail time. If you have a suspended or revoked license, there are ways to get your driving privileges reinstated, but unless it is an absolute emergency and you have no other means of transportation, you should not operate a motor vehicle without a valid driver’s license.
First Offense
If you are caught driving with a suspended or revoked license, you will be charged with a Class A misdemeanor the first offense. This means you could be facing up to a year in prison and fines up to $2,500. If your license was suspended or revoked due to a situation involving reckless homicide or aggravated DUI, a first offense is a Class 4 felony.
