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Recent Blog Posts

Will a Speeding Ticket Increase My Car Insurance Rates

 Posted on June 03, 2019 in Uncategorized

Everyone who owns a car knows that car insurance is not cheap, and if you have a less-than-perfect driving record, your premiums may be even more expensive. Car insurance companies will check your record before you enroll with them, and they will also typically check your record when it is time to renew your policy.

Speeding is one of the most common reasons why police officers pull people over and it is also a common reason for car insurance premiums to fluctuate, but not all speeding tickets were created equally, so to speak. Some speeding tickets may not even change your rate, while others—typically misdemeanor speeding violations —could cause your rates to skyrocket.

How Much Will My Rate Increase?

The short answer is that there is really no way to know how much your insurance rates will go up unless you talk directly with your insurance company. There are a number of factors that go into deciding how much your insurance premium is each month. Two main factors—the insurance company you use and your driving record—will be the biggest indicators of how much your rate will go up. Typically, you can expect your insurance rates to increase by about 13 percent after you receive a speeding ticket, though that can change depending on the severity of the speeding ticket. For example, receiving a speeding ticket for driving 10 mph over the speed limit is only a traffic citation, whereas if you receive a ticket for speeding 25 mph over the speed limit, the offense is a misdemeanor and will likely result in a higher increase in your rate.

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New Illinois Law Bans Synthetic Drugs that Mimic Marijuana, Cocaine

 Posted on May 30, 2019 in Uncategorized

New illegal drugs appear on the streets every few years, necessitating new laws on drug possession distribution, and manufacturing. In the current decade, law enforcement has had to deal with the rise of synthetic drug manufacturing, including synthetic cocaine, known as bath salts, and synthetic marijuana, known as K2 or Spice. Because drug laws generally ban a specific chemical compound, manufacturers could sometimes skirt the law simply by modifying their formulas. To eliminate this loophole, Illinois legislators recently passed a new law with a broader definition of synthetic drugs.

The Dangers of Synthetic Drugs

Synthetic cathinones, or bath salts, are formulated to deliver a short-lived but intense feeling of energy and euphoria, similar to that produced by cocaine or methamphetamine These products are generally sold as a fine powder that can be swallowed, snorted, or injected. Their dangerous side effects—including paranoia, hallucinations, and violent behavior—have been reported to require hospitalization for as long as two weeks.

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The Significance of Knowingly in Possession of Drugs

 Posted on May 29, 2019 in Uncategorized

In previous posts, we have discussed the two different types of drug possession criminal charges in Illinois: actual possession and constructive possession. Understanding the difference between these two charges is vital for knowing how to defend against such charges. It is also very important for Illinois residents accused of drug possession to understand how the word “knowingly” is used in the law. In order for prosecutors to convict a criminal defendant of a drug-related charge, they must prove several elements are true, including that the defendant knew he or she was in possession of drugs. If prosecutors cannot prove beyond a reasonable doubt that the defendant intentionally had possession of an illicit substance, the defendant may be cleared of the charges.

Actual Possession and Constructive Possession

A criminal defendant in Illinois is charged with actual possession when he or she is found in physical possession of a controlled substance. For example, if police find a baggie of cocaine in a defendant’s pocket or purse, this is likely an actual possession of a controlled substance offense. On the other hand, constructive possession of a controlled substance refers to situations in which a person does not have the drugs on his or her person, but there are drugs in a location that he or she has control over.

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Four Types of Credit Card Fraud and Their Consequences

 Posted on May 28, 2019 in Uncategorized

In today’s world, most people own at least one credit or debit card, and many people own multiple cards. According to the American Banking Association, there were 364 million credit card accounts open in the United States in 2017. Though new technology is always being developed to prevent credit card fraud, it is still an issue. The Federal Trade Commission estimates that around 42 percent of all identity theft complaints are related to credit card fraud. Credit card fraud is a serious crime in Illinois and can result in criminal charges, which are commonly felony charges. Many people do not know that credit card fraud comes in many forms. Here are four types of credit card fraud and the consequences for committing them:

1. Making a False Statement to Procure a Credit Card

You can be charged with credit card fraud if you lie about certain details on a credit card application. Typically, those who are charged with this type of credit card fraud use another person’s name or social security number to apply for the credit card. Sometimes people also lie about their address or employment on applications, which can also earn you a fraud charge. This type of credit card fraud is a Class 4 felony, which carries one to three years in prison and up to $25,000 in fines.

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What Happens if I Violate the Terms of My Illinois Probation

 Posted on May 24, 2019 in Uncategorized

For many people who have been convicted of a crime, probation is usually one of the more favorable sentences. In the state of Illinois, probation is used as a way to allow those who are convicted of crimes to live in their own homes and stay in their communities while they serve out their sentence. Probation does require you to follow certain rules, however. There are certain things you can and cannot do when you are on probation. In Illinois, being on probation means you are not permitted to violate any criminal statutes, and you must periodically report to your probation officer, among other things. There are also situational requirements and prohibitions that you must follow while on probation. If you violate any of the terms of your probation, you could face even more consequences.

Notice of Violation of Probation

After your probation officer learns that you have done something that you were not supposed to do while on probation, he or she will file a petition for violation of probation with the clerk of the circuit court. You will then receive a notice of this petition in the mail, which may instruct you to attend a hearing for the violation. Depending on the nature of the violation, you may have a warrant for your arrest issued before the hearing, but if you do not show up for the hearing, you will also have a warrant issued for your arrest.

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Construction Zone Speeding Tickets and Photo Enforcement in Illinois

 Posted on May 22, 2019 in Uncategorized

When the orange cones come out, try to keep your driving frustration and speed in check, or you could find yourself in court dealing with a costly construction zone speeding ticket. The minimum fine for speeding in a construction zone is $375 for a first offense and $1,000 for a second offense, regardless of whether workers are present. A court appearance is mandatory. Two offenses within two years will result in a 90-day suspension of your driver’s license. Photo enforcement of speeding in work zones is legal in Illinois, but only when construction workers are present.

Illinois Photo Enforcement of Construction Zone Speed Limits

Illinois law (625 ILCS 7) defines the state’s policies for automated photo enforcement of construction zone speed limits. Key facts to know include:

  • Automated photo enforcement is allowed only when workers are actually present in a construction zone.

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Drug Crimes Encompass More Than Just Illegal Drugs

 Posted on May 21, 2019 in Uncategorized

Everyone knows that there are certain drugs that are absolutely 100 percent illegal throughout the United States. Heroin, cocaine, LSD and ecstasy are all types of illegal drugs that have no accepted medical use and a high potential for abuse. Contrary to what some may think, you can also get in trouble if you illegally possess, distribute, or falsely obtain prescription drugs. The only time prescription drugs are legal is when the drugs were prescribed to you and you use them according to the label on the bottle and your doctor’s orders. Doing otherwise could result in serious charges against you.

Controlled Substances and Common Prescription Drugs

In addition to state laws, the federal government also has certain laws in place pertaining to legal and illegal drugs. The Drug Enforcement Administration (DEA) has created a schedule of drug classifications based on their medical use and their potential for abuse. This schedule is nearly identical to the schedule found in the Illinois Controlled Substance Act and contains information about prescription drugs. Commonly abused prescription drugs include:

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What Happens if a Person Under 21 is Charged with a DUI in Illinois?

 Posted on May 20, 2019 in Uncategorized

In the United States alone, approximately one person every 48 minutes dies in a traffic accident involving an intoxicated driver. Illinois has several laws designed to prevent and punish drunk driving. Driving under the influence (DUI) is especially dangerous when the intoxicated driver is underage. Younger adults and teenagers often have less experience with both driving and alcohol. They can easily underestimate their level of intoxication behind the wheel and cause a serious accident. Because of this, Illinois has a strict zero-tolerance policy regarding underage drinking and driving.

Underage Drivers Cannot Have Any Alcohol in Their System While Driving

For drivers under age 21, the so-called “magic number” when it comes to DUI is 0.08 percent blood alcohol content (BAC). Generally, anyone caught driving with a BAC of 0.08 percent or more is considered driving under the influence, though there are certain instances where a lower BAC can also result in a DUI charge.

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What Is Scotts Law or the Illinois Move Over Law

 Posted on May 17, 2019 in Uncategorized

Illinois drivers must start obeying Scott’s Law or face the consequences as the state police step up enforcement of the move-over law. More tickets are expected to be issued this spring and summer due to rising concerns about the safety of state troopers and other emergency services personnel when working roadside traffic stops and accident scenes.

In the first few months of 2019, a record number of state troopers, 16, were struck by other vehicles and two of them were killed. Nearly 500 drivers have already been ticketed for Scott’s Law violations in 2019, more than double the number during a comparable time frame in 2018.

The Penalty for Failing to Move Over

Scott’s Law, 625 ILCS 5/11-907(c), requires drivers to slow down and change lanes away from a stopped emergency vehicle when they see flashing lights. The penalty for this traffic violation is a fine between $100 and $10,000, plus a driver’s license suspension if the violation results in a collision causing property damage (90 days to one year), injury (180 days to two years), or death (two years).

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Exploring Plea Bargains and Their Benefits

 Posted on May 16, 2019 in Uncategorized

Criminal trials are often lengthy, complicated processes. There are many rules and regulations that must be followed during criminal trials. Those rules vary depending on which state you are being tried in and whether or not you are being tried in federal court or state court. The infamous OJ Simpson trial lasted for 11 months before a decision was reached, but other trials have taken years to conclude, costing millions of dollars. One of the solutions prosecutors and criminal defense attorneys have strategically used to help reduce the time of criminal trials is by offering plea bargains. According to the United States Bureau of Justice, around 90 to 95 percent of criminal cases result in a plea bargain.

What is a Plea Bargain?

A plea bargain is an agreement made between the defendant (you) and the prosecutor (the lawyer representing the local, state, or federal government). The agreement involves you entering a guilty plea to some or all of the charges that are being brought against you, usually in exchange for a more lenient sentence than would be applied following a finding of guilt at trial. Rather than going to trial to determine whether or not you are guilty, you skip that step and plead guilty. A plea bargain might involve reducing the severity of the charges against a person, reducing the number of charges against a person, reducing the severity of the sentence, or a combination of the three.

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