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Recent Blog Posts
Shoplifting Charges in Illinois: What You Need to Know in 2022
In response to the increased prevalence of organized shoplifting rings in the state, Illinois Governor J.B. Pritzker recently signed a bill that increases penalties for retail theft. The INFORM Act increases the penalties for organized retail theft to a Class 3 felony offense for items valued at $300 or more. Individuals who commit retail theft at multiple establishments could find themselves facing Class 2 felony charges.
If you are accused of shoplifting in Illinois, it is important to understand the laws and possible penalties you may face. Retail theft is a serious crime in Illinois, and those convicted can face significant fines and substantial jail time.
Criminal Charges for Retail Theft
Under Illinois law, retail theft occurs when someone knowingly:
- Takes merchandise from a store without paying for it
- Switches price tags to pay a lower price for an item
- Conceals merchandise in order to leave the store without paying for it
Rights of Criminal Defendants
In the United States, criminal defendants have important rights that are protected by the U.S. Constitution. Unfortunately, many individuals accused of crimes fail to take advantage of their constitutional rights. They speak freely to police and give up their right to remain silent or allow unjustified searches and seizures of their personal property. Many fail to retain a skilled lawyer and instead rely on their own limited understanding of the criminal justice system. If you or a loved one have been accused of a crime, understand that all defendants have rights. Asserting these rights is often the difference between a guilty verdict and an acquittal.
Rights of the Accused
Some of the most important rights afforded to criminal defendants include:
- The right to a speedy and public trial - This right is guaranteed by the Sixth Amendment to the U.S. Constitution. It means that once an individual is charged with a crime, they have the right to have their case tried before a judge or jury within a reasonable amount of time.
FOID Violations Illinois
Illinois gun laws are some of the most restrictive in the country. If you want to own a gun in Illinois, you will need to get a Firearm Owners Identification (FOID) card. The FOID card is issued by the Illinois State Police.If you are accused of violating your FOID card requirements, it is important to take the accusation seriously. If you are found guilty of a FOID violation, you could face jail time and steep fines.
FOID Violations in Illinois
Although our right to bear arms is protected by the U.S. Constitution, states have the authority to limit gun ownership. In Illinois, gun ownership is considered a privilege. If a FOID carrier commits a criminal offense or violates FOID regulations, he or she may be stripped of his or her right to possess firearms.
Common examples of FOID-related violations include:
- Failing to renew your FOID card
- Lying on your FOID application
- Giving false information to a gun dealer
Why is My First DUI a Felony?
Most people are aware that a first-time DUI is typically charged as a misdemeanor, a less serious crime than a felony that carries under a year of jail time. In general, this is true. If it is your first DUI - and there were no aggravating factors present - you will usually be charged with a misdemeanor. However, there are situations where even a first DUI can lead to felony charges. First DUIs are charged as felonies when certain circumstances suggest that the crime was more serious than a misdemeanor. If you caused an serious accident, for example, you are very likely to face felony charges.
If you have been charged with a felony DUI, there are steps an attorney may be able to take that could potentially get your charges reduced back to a misdemeanor. It is important that you take the charge very seriously and fight back with the help of an attorney.
When is a First-Time DUI a Felony?
Finding out that you have been charged with a felony can be a terrifying experience - especially if you have never been in trouble with the law before. Felonies can carry more than a year in prison and leave you with a record that closes doors for the rest of your life. Understanding why your DUI has been charged as a felony can help you and your lawyer work out a defense strategy. Your first DUI could have led to felony charges because:
Avoiding Jail Time in Criminal Cases
One of the first things people tend to ask their criminal defense attorney is, “Am I going to jail?” If you are charged with a criminal offense, there is always the possibility of jail, but not a guarantee. That said, there are tactics an attorney can use that could keep you out of jail. A lot will depend on the specific facts of your case and other factors, like whether you have any criminal history and whether your offense involved harm to another person. If you are facing a felony charge, you are more likely to serve some time if you are convicted. If you are charged with a misdemeanor, it is less likely to face significant jail time. Your lawyer can help give you a better understanding of what could happen in your case.
Strategies for Staying Out of Jail
It is easy to look at the potential statutory punishment for the offense you are charged with and panic - up to a year in jail for a first DUI? However, most first-time offenders will not receive a punishment that harsh, especially if they are represented by an attorney. Some legal strategies that could potentially keep you out of jail include:
Was Your DUI Stop Legal?
There are a lot of ways for the police to make a mistake that leads to a case being dismissed. One of these potential mistakes involves their decision to make the traffic stop in the first place. If the traffic stop was illegal, then any evidence against you as a result of the stop could be discarded, leaving the prosecutor with very few arguments. You may think that police have the right to stop anyone they want to for any reason or no reason, but this is not the case. In order to pull a person over, the officer must have reasonable suspicion that you are doing something illegal. We start every DUI case by reviewing the alleged grounds for the stop in order to determine whether we can use an illegal stop as the basis of a legal defense.
Defining Reasonable Suspicion
The reasonable suspicion standard is based in the U.S. constitution. It is a rather low bar. The officer must be able to show that there were objective reasons he suspected that you were breaking the law and that his suspicion was reasonable. This standard is meant to prevent police from profiling drivers or harassing people who do not seem to be doing anything wrong.
What Are Aggravating Factors in Sentencing?
In our last blog, we discussed mitigating factors that your lawyer could raise at sentencing to protect you even if you do get convicted. Mitigating factors are circumstances that make the crime less serious and can lead to reduced sentencing. It is also important to know that there are aggravating factors the prosecution might raise. Aggravating factors are circumstances that make the crime more serious, and can lead to harsher sentencing. At a sentencing hearing, guilt has already been established, so the only question remaining is what the appropriate punishment is. Your lawyer should be able to assess which aggravating factors the prosecution might raise and prepare counterarguments.
Aggravating Factors in Illinois Sentencing
As with mitigating factors, there is a list of aggravating factors that the prosecution may use. In Illinois, aggravating factors include:
- Vulnerable victim - If the crime was committed against a vulnerable person, such as someone who is elderly, disabled, a child, or otherwise unable to protect themself, this factor is present.
How a Lawyer Can Protect You During a Criminal Sentencing
No case is truly hopeless. Even if it seems that a conviction is inevitable, an attorney may be able to take actions that could lead to a dismissal or an acquittal at trial. There are a plethora of legal rules regarding what evidence can and cannot be introduced at trial. The constitution also governs quite a bit of what police officers can and cannot do. This is why every criminal case should be thoroughly assessed by a lawyer. However, even if it does turn out that you are convicted of a crime, or you take a plea bargain, your lawyer’s job is not done. Each criminal offense carries a range of possible penalties, including jail. A good defense attorney can make strong arguments that the lightest possible sentencing is appropriate in your case and in some cases, even avoid a conviction on your record. This could mean the difference between a clean criminal record, probation or years in prison.
What is Mitigation at Sentencing?
Before the judge decides on a sentence, your attorney will have the opportunity to present any mitigating factors that make the crime less serious than the charge may suggest. Mitigation also includes certain factors that may suggest to a court that you do not deserve harsh sentencing. Mitigation factors used in Illinois include:
Could I Get a DUI for Using My Own Prescription Medication?
Many people rely on prescription medications that can affect their mental state. People who suffer from chronic pain or are recovering from an acute illness or injury may need opiate pain medicine to function. Those who suffer from anxiety may need benzodiazepines to get through the day. People with ADHD or narcolepsy may need prescription amphetamines. Insomniacs may need sleeping pills. The list goes on. People who use these medications frequently need to get to work, or the grocery store, or doctor’s appointments- just like everyone else. But could they be charged with a DUI for driving themselves after taking their prescription medication? In most cases, the answer is yes.
Those who are facing DUI charges based on their use of a medication that was prescribed to them should contact an experienced DUI attorney for help.
What the Law Says About Driving Under the Influence
In Illinois, it is illegal to drive while under the influence of any intoxicating substance. This includes alcohol, cannabis, and any other intoxicating substance, including those that have been prescribed. Your use of the medication itself does not have to be illegal for you to get a DUI. If your prescription medication makes you feel intoxicated or impaired - “high” or “loopy” - then you cannot legally drive. Generally, if your ability to drive safely is impaired, you may be found guilty of a DUI.
Fighting a DUI in Illinois
Just because you have been charged with driving under the influence (DUI) does not mean that you are definitely going to be convicted. There are ways to fight back when you are facing drunk driving charges. Defendants often feel that their situation is hopeless, but this is rarely the case. There are a myriad of possible defenses. Anything from the reason you were pulled over in the first place to the results of chemical BAC testing can be challenged. Securing a DUI conviction depends on the police following very specific procedures and a mistake by an officer could lead to your case being dismissed. To put a strong defense forward, you will need an experienced DUI lawyer who has a good understanding of DUI laws and BAC testing procedures.
Defending Your DUI Case
Your DUI case may be more defensible than you think. Some strategies your lawyer may want to use include:
- Invalid chemical tests - There are many more ways for law enforcement to mess up chemical testing after a DUI arrest than there are for them to do it right. Anything from not performing routine calibrations of the testing equipment to not waiting long enough to administer a breath test could invalidate the results. Police officers are not medical professionals and frequently mishandle biological samples or equipment like test tubes.
