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Recent Blog Posts
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.
What Are the Penalties for an Assault Conviction in Illinois?
There are many different situations in which a person may face criminal charges based on accusations that they have caused harm to others. If a person has been accused of physically attacking or threatening someone else, he or she may face charges of assault. The specific offenses that may apply will depend on the circumstances involved in a case, and the penalties of a conviction can vary significantly. Those involved in these situations will need to understand how the laws apply to them, and they can work with an attorney to determine their best options for defending against these charges.
Illinois Assault and Battery Charges
In Illinois, charges involving the threat of injury or the infliction of bodily harm will generally be divided into two categories (assault and battery) that may be charged together or separately. Battery involves actually causing bodily harm, such as by striking someone hard enough to break the skin or cause bruises, concussions, or fractures. The charge of battery may also apply in situations where a person made physical contact without inflicting injuries if the contact could be considered to be “insulting or provoking,” such as poking someone in the chest or slapping them in the face. Assault charges may apply in situations where a person acted in a way that caused someone to reasonably believe that he or she will suffer battery, such as verbal threats of violence.
Can Traffic Tickets Lead to an Illinois Driver’s License Suspension?
It is likely that at some point during their life, everyone will receive a traffic ticket of some sort. There are a multitude of laws that apply to drivers, and it can be easy to make a mistake that is considered a traffic violation. These violations can range in severity from a basic charge of exceeding the speed limit to more serious offenses such as reckless driving. While a single violation may not be especially serious, and a person may simply be required to pay a fine, multiple violations could potentially lead to the suspension of a person’s driver’s license. By understanding when these types of suspensions may occur, drivers can determine the steps they will need to take to avoid the loss of their driving privileges.
Understanding the Illinois Driver’s License Point System
As is true in many states, Illinois uses a system in which traffic violations will result in points being added to a driver’s record. If a person receives three or more traffic violations within one year, their license may be suspended, and the length of the suspension will depend on the number of points they have accumulated.
Can I Face Criminal Charges for Possession of Marijuana in Illinois?
Since 2020, people in Illinois have been able to legally use marijuana for both medical and recreational purposes. The state’s laws allow adults (21 years old and up) to possess a certain amount of marijuana, and cannabis and cannabis products can be legally purchased at licensed dispensaries. However, there are still some situations where people may face criminal charges for marijuana possession. By understanding the applicable laws, people charged with marijuana-related offenses can determine their rights and their options for defense.
Unlawful Cannabis Possession in Illinois
Residents of Illinois who are over the age of 21 can possess up to 30 grams of cannabis plants, five grams of concentrated cannabis, or products infused with cannabis containing 500 milligrams of THC (the psychoactive chemical in marijuana). People who do not reside in Illinois may enter the state and purchase and possess marijuana, although they are limited to possessing 15 grams of cannabis plants, 2.5 grams of cannabis concentrates, and 250 milligrams of THC. Possession of marijuana in excess of the legal limits may result in criminal charges. Possession of over 30 grams of cannabis is a Class A misdemeanor that may result in a prison sentence of up to one year. Possession of over 100 grams is a Class 4 felony that may result in a sentence of between one and three years in prison. Possession of larger amounts may result in more serious felony charges, and in these cases, a person may be charged with possession with intent to deliver, which may result in more severe consequences.
What Are the Consequences of Violating an Order of Protection?
In many cases involving allegations of domestic violence or abuse, a judge may choose to issue an order of protection. These orders, which are commonly known as restraining orders, may place a number of restrictions on a person, including preventing them from contacting family members covered in an order. If an order of protection has been issued against you, it is important to understand the requirements that you will need to follow and the potential charges you may face if you violate the terms of the order.
Restrictions and Requirements in an Order of Protection
A judge may determine that an order of protection is appropriate based on claims that a person has committed domestic violence or other forms of abuse toward members of their family or people in their household. An alleged victim of abuse may request an emergency order of protection, and a hearing may be held without the alleged abuser being present. If an emergency order is issued, it will go into effect immediately, and it will usually be valid for 21 days. The person who is subject to the order will be notified, and a hearing will be scheduled to determine whether a long-term order of protection will be necessary.
