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Recent Blog Posts
Defenses to Retail Theft in Illinois
There are certain times of the year when shoplifting occurs more often than other times. This is especially true during holidays, such as the upcoming Memorial Day Weekend sales, when more shoppers descend on malls and other retail establishments. Although retailers are always aware of the possibility of someone attempting to take merchandise without paying for it, many store employees are particularly vigilant during these big sale events because of the increased risk of theft.
This vigilance can often lead to false accusations of shoplifting. In Illinois, if the amount of the merchandise the shopper is accused of trying to steal is valued at more than $300, they will be charged with a felony. If a person is falsely accused, the following are some of the common defenses that could be used to prove they are not guilty.
The Customer Was Unaware Their Companion Was Committing Retail Theft
One of the most common situations of shoplifting charges occurs as a “guilt by association” scenario. This happens when one person is actually committing retail theft, but the friend or family member they are shopping with has no idea. Store security will still pursue charges against the innocent individual.
Consequences for Driving Under the Influence of Drugs in Illinois
Many people immediately think of alcohol when they hear that someone has been arrested for DUI. However, there are a great many drivers who are charged with DUI who are accused of being driving under the influence of drugs, not alcohol. Drugs – both illegal and prescription – can affect a driver’s brain chemistry, interfering with the driver’s motor skills, perception, attention, reaction time, and judgment. Consequently, drugged driving is against the law.
DUI Testing for Drugs
Illinois law prohibits a driver from driving while under the influence of drugs. In order to test for the presence of drugs in a driver’s system, law enforcement usually needs to obtain a blood or urine test from the driver to detect what drug or drugs are in their system.
There are certain requirements those tests must meet in order to be introduced as evidence against the driver. Failure to meet those requirements could be grounds the driver’s defense lawyer could use to possibly get the charges dismissed. For example, if the driver was not given the opportunity to call an attorney prior to consenting to the test, that could be grounds for ruling the test results inadmissible.
Understanding Assault and Battery Charges in Illinois
Many people think that “ assault and battery ” charges are one in the same, but under Illinois law, the two are different and separate charges. Battery is when an individual causes bodily harm to another individual, knowing that the contact is offensive or harmful, and they do not have the legal right to do so. The legal definition of assault is when an individual knowingly places another individual in fear of being battered.
This means that a person can be charged with assault even if there was no physical contact between the accused and the alleged victim; only that the victim was in fear that imminent harm or threat was coming from the offender.
Understanding the Different Classifications of Charges
The most common forms of battery that individuals are charged with usually involve hitting or punching, however, battery can also be any other type of offensive physical act. For example, an individual who rips a backpack off another individual could be charged with battery.
What Are the Penalties for Resisting Arrest in Illinois?
While the police are charged with upholding the law and maintaining safety in the community, people may be unsure about how to respond when interacting with officers. Encounters with police officers can quickly take a turn for the worse, especially if an officer believes a person is being uncooperative or is refusing to follow their instructions. In some cases, a person may face charges of resisting arrest, which can result in a variety of serious penalties. Whether these charges are filed along with other offenses or on their own, it is important to understand the applicable laws and the options for defense.
Actions That May Constitute Resisting Arrest
The language used in Illinois law to address resisting arrest is very broad, and the determination of whether a person’s actions violated the law will often be left up to the interpretation of a judge or jury. The offense of “resisting or obstructing a peace officer” may apply in any situation where a person knowingly resists arrest or obstructs the performance of a police officer or correctional institution employee who is performing authorized acts within their official capacity. There are a wide variety of actions that may fall under this definition. While actions such as running away from police officers, engaging in physical altercations, or refusing to comply with instructions are most likely to be considered resisting arrest, other seemingly minor activities could also lead to these types of charges. Officers may claim that a person resisted them physically when they were performing a search, asking the person to put their hands behind their back or lay down on the ground, or putting on handcuffs. Even arguing with an officer or complaining about their use of force may be considered an obstruction, and this could lead to charges for bystanders or others who were not involved in an initial arrest.
What Are the Penalties for Aggravated DUI in Illinois?
There are multiple types of offenses that may fall under the designation of driving under the influence of alcohol or drugs, which is commonly known as DUI. While all drunk driving cases are serious, some situations may lead to especially severe charges, and if a person is convicted of a felony, they will usually be sentenced to at least one year in prison while also being subject to other restrictions that will affect their driving privileges and other areas of their life. By understanding the types of offenses that are considered to be aggravated DUI, and by working with an attorney who has experience defending clients against these types of charges, a person can determine their best options for defense.
Felony DUI Charges
Cases in which driving under the influence is charged as a felony are known as aggravated DUI. Applicable offenses include:
- Third DUI - While a first or second DUI may be charged as a misdemeanor, anyone who has been convicted of two previous DUI offenses will face felony charges. A third DUI will result in Class 2 felony charges, which carry a prison sentence of three to seven years.
Can I Face Weapons Charges for Possession of “Ghost Guns?”
While the Second Amendment of the U.S. Constitution guarantees the right to bear arms, the laws surrounding guns and other weapons are constantly changing at both the state and federal levels. Because of this, many gun owners may not realize that they are in violation of the law, and they could potentially face weapons charges even if they believe that they have purchased firearms legally, obtained the correct licenses, and followed the law when carrying and using weapons. Some recent actions by the administration of President Joe Biden and a new law that was recently passed in Illinois may lead to criminal prosecution for selling or possessing “ghost guns.”
What Are Ghost Guns?
In recent years, law enforcement officials throughout the United States have become concerned about the proliferation of firearms that are purchased in kits and assembled by owners, as well as guns that may be created using 3D printers. These firearms do not have serial numbers, making them difficult to trace and track. The Bureau of Alcohol, Tobacco, and Firearms (ATF) has stated that around 20,000 of these guns were recovered in criminal investigations in 2021. This number was 10 times higher than the number of ghost guns recovered in 2016.
Will a Formal Hearing Be Needed Before My License Can Be Reinstated?
There are a variety of reasons why a person’s driver’s license may be suspended or revoked. Arrests for drunk driving or DUI convictions are some of the most common reasons for the loss of a driver’s license, but multiple traffic violations on a person’s record may also result in a license suspension. In these situations, a person will need to determine their options for driver’s license reinstatement. Depending on the reasons for a suspension or revocation, a person may be required to attend a formal license reinstatement hearing. If your license has been suspended or revoked, you will want to understand when a formal hearing may be necessary, the procedures that will be followed in these hearings, and the steps you can take to show that your driving privileges should be restored.
Formal Hearings with the Illinois Secretary of State
Informal hearings, which are conducted at multiple Secretary of State facilities throughout the state of Illinois, will be used in most cases involving driver’s license suspensions. However, formal hearings will be required in certain situations. These include cases where a person has multiple DUI dispositions, including criminal convictions or statutory summary suspensions that occurred because they failed or refused to take a chemical blood alcohol test after being arrested on suspicion of intoxicated driving. A formal hearing will also be required if a license was suspended or revoked because a person committed an offense that caused someone else to suffer great bodily harm or resulted in a person’s death. Formal hearings are held in four locations throughout Illinois. A person will need to request a formal hearing in writing, and they will state whether they are seeking the reinstatement of their driver’s license or requesting a Restricted Driving Permit (RDP) based on hardship that will affect them and their family due to the loss of their driving privileges.
What Are the Penalties for Different Types of Retail Theft in Illinois?
While stealing someone else’s property is generally considered to be wrong, and people are aware that they may face consequences for doing so, some may believe that “minor” forms of theft are less serious. Theft offenses that are often considered minor include retail theft or shoplifting, and people may feel that pocketing an item such as a pack of gum at a grocery store or gas station is not a serious problem that requires the involvement of the police or other authorities. However, retail theft is a crime and depending on the circumstances of a case and the value of the goods stolen, a person may face serious penalties. By understanding the laws related to retail theft in Illinois, a person charged with this offense will be able to determine how to approach these accusations.
Acts That May Be Considered Retail Theft
At the most basic level, retail theft may be defined as taking possession of merchandise that is displayed, stored, or offered for sale in a retail establishment with the intention of depriving the seller of the possession or benefit of these items without paying the full retail price. That is, shoplifting will often consist of taking items out of a store without paying for them. However, Illinois law also defines several other forms of retail theft, including:
When Can I Face Criminal Charges for Unlawful Use of Weapons?
There are multiple reasons why people may carry guns, knives, pepper spray, or other items that are considered weapons. These weapons are often used to ensure that a person has the proper protection and will be able to defend themselves when necessary, although they may also be used for hunting or other purposes. Unfortunately, many people do not realize that they may be in violation of the law when carrying or using certain types of weapons. For those who are facing weapons charges for the offense of unlawful use of weapons, it is important to understand the potential consequences of a conviction.
What Is Unlawful Use of Weapons?
In Illinois, gun owners are allowed to possess firearms if they have a valid Firearm Owners Identification (FOID) card, and they may carry or transport firearms that are unloaded and kept in a box or container. Those who have a valid Concealed Carry permit may carry a loaded firearm on their person or in their vehicle. However, if a person possesses or carries a firearm without a valid FOID card and/or Concealed Carry permit, they may be charged with Unlawful Use of Weapons (UUW).
Can I Face Legal Consequences for Serving Teens Alcohol in Illinois?
As an Illinois parent, you may wonder what responsibility you have if your teenage children and their friends are drinking alcohol at your home. You may have even heard of some parents thinking it is safer to host and supervise a party than take the chance that their teens are sneaking around. Under Illinois law, if you allow or encourage the drinking of alcohol by minors, you can be held civilly and criminally liable for any injuries and deaths that result.
Civil liability was most recently clarified in 2004, under the Drug or Alcohol Impaired Minor Responsibility Act. This Act allows the victim or the victim's family to bring a civil lawsuit against the person who supplied alcohol or illegal drugs to a minor. The person bringing the lawsuit can be awarded economic damages including medical expenses, non-economic damages including pain and suffering, punitive damages, and other expenses. Depending on the circumstances of the case, this could include injuries suffered on your property as well as liability for motor vehicle accidents that occur because of underage drinking.
