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Adult Redeploy Illinois: Avoiding Jail for a Felony Crime

 Posted on May 15, 2019 in Uncategorized

A decade ago, Illinois passed a groundbreaking law called the Illinois Crime Reduction Act of 2009. The opening lines of the Act read: “Currently, the Illinois correction system overwhelmingly incarcerates people whose time in prison does not result in improved behavior and who return to Illinois communities in less than one year.” This law created the Adult Redeploy Illinois (ARI) program with the goal of diverting people who have committed lower-level felony crimes such as DUI , drug possession drug possession, and theft from jail sentences to local rehabilitation programs. In many cases, offenders have been repeatedly arrested and traditional court punishments have failed to impact their future behavior. ARI seeks to break the cycle of crime and help these individuals become productive citizens.

How Does Adult Redeploy Illinois Work?

More than 1,600 people participate in community-based, jail-alternative programs in Illinois each year funded by ARI. These people represent a 25% reduction in the number of offenders placed into the custody of the Illinois Department of Corrections each year.

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Consequences for Boating Under the Influence in Illinois

 Posted on May 14, 2019 in Uncategorized

Memorial Day is coming up, which means picnics and barbeques will be enjoyed by thousands of families across Illinois. Traditionally, Memorial Day also marks the beginning of summer, bringing with it activities such as hiking, swimming, and boating. Many people probably think that having a couple of drinks while operating a boat is acceptable, but what many people do not know is that boating laws are quite similar to Illinois DUI laws. You can receive a DUI if your blood-alcohol content (BAC) is more than .08 while you are operating a vehicle, but the same limit applies to those who are operating a boat.

What Constitutes Boating Under the Influence?

According to the Illinois Boat Registration and Safety Act, there are a couple of different ways you can be charged with boating under the influence. You can be charged with boating under the influence (BUI) if you are in actual physical control of a watercraft and:

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Battery Charges Increase When a Police Officer is Involved

 Posted on May 13, 2019 in Uncategorized

Like many states, the state of Illinois is very protective of their police officers. Police officers protect the public and uphold the peace, but some people do not treat police officers with the respect that they deserve. Unfortunately, it is not uncommon for police officers to be injured or even killed while on the job. In the past year, there have been numerous stories about Illinois police officers killed in the line of duty. When it comes to prosecuting those accused of battery of a police officer, the courts do not take these accusations lightly and those convicted are often punished to the full extent of the law.

A Recent Case

In a recent case, an Illinois woman has been accused of a slew of crimes stemming from a traffic stop on April 16. According to police reports, the 45-year-old woman and her traveling companion were pulled over Tuesday. After police suspected criminal activity, the officer separate her and her companion and she then allegedly placed an unidentified substance in the police officer’s sports drink in his squad car. The woman now faces multiple drug charges, including unlawful possession of methamphetamine and intent to deliver it, possession of cannabis and possession of drug paraphernalia. The woman also faces two counts of aggravated battery to a police officer.

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When is Driving Under the Influence a Felony in Illinois?

 Posted on May 10, 2019 in Uncategorized

Illinois is known for its strict laws against driving under the influence (DUI). A standard first offense DUI conviction in Illinois generally results in a driver’s license suspension, a minimum fine of $1000, and up to 6 months in jail. Additionally, a person convicted of a DUI in Illinois may have to participate in community service and complete a drug and alcohol program. An aggravated DUI offense carries even harsher penalties. If you have been charged with aggravated driving under the influence in Illinois, read on to learn about what you and facing and how to get legal guidance regarding your charges.

Aggravated DUI

Although all DUI convictions are heavily penalized in Illinois, an aggravated DUI is considered a much more serious crime than a standard DUI. Aggravated DUI also differs than a regular DUI in that some convictions carry mandatory jail time. Depending on the circumstances of the crime, aggravated DUI convictions can range in classification from Class 4 Felony all the way to the most serious felony, a Class X Felony. The felony classification of an aggravated DUI depends on the offender’s criminal history and the specific details of the case.

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Facing Burglary Charges in Illinois?

 Posted on May 08, 2019 in Uncategorized

Burglary charges are oftentimes misunderstood. Burglary generally refers to when a person illegally enters another person's property with intent to commit a crime. Breaking into another’s property alone is not enough to charge someone with burglary. If it cannot be proven that the person intended to commit another crime on the property or inside the residence, this crime is called trespassing.

Proving Burglary Occurred

A state prosecutor must prove several things in order for a criminal defendant to be convicted of burglary. First, he or she must prove that the defendant entered a property without the property owners consent. If the defendant had permission to enter the property at one point, but that permission has since expired, this is still considered entering the property without permission. Secondly, the prosecutor must show that the defendant knowingly entered the premises. If a defendant accidently wandered into someone’s property, it can be hard for a prosecutor to make a burglary charge or even trespassing charge stick. Lastly and most importantly, the prosecutor must prove that the defendant planned to commit a theft or a felony on the property.

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Treatment Over Jail for Illinois Veterans Facing Criminal Charges

 Posted on May 07, 2019 in Uncategorized

Men and women who bravely entered military service and now bear the scars of that service deserve special care. Nearly 4 million Americans have served in the post-9/11 military, including the wars in Iraq and Afghanistan. One in three of them has a service-connected disability, roughly one in five suffers from PTSD, and many have substance abuse disorders. Thus, when a veteran commits a crime, such as drug possession, the courts should take the effects of their military service into account.

The Will County Veterans Court was created to ensure that those who have faithfully served our country are given the option of treatment over criminal punishment. Those who successfully complete their treatment program will have all criminal charges dismissed.

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Illinois Probation Rules: Make Sure You Follow Them

 Posted on May 06, 2019 in Uncategorized

When it comes to sentencing those who have been found guilty of a criminal act, probation is definitely one of the more favorable outcomes. Probation is an alternative to prison time, where a person is allowed to return home and live their normal life, rather than be confined behind bars. In Illinois, there are a few rules and requirements that those sentenced with probation are required to follow. Violating any of the rules or requirements can result in further consequences, which in some cases means jail time. If you are facing a sentence of probation, you should know what is expected of you during that time.

Forbidden Acts

Most of the limitations that a probation sentence brings are things that you are not permitted to do during your sentence. At the very basic level, if you are on probation, you must not:

Possession of a Controlled Substance vs. Intent to Deliver

 Posted on May 04, 2019 in Uncategorized

Over 63,600 Americans died due to drug overdoses in 2016 and approximately 2,400 of those individuals were Illinois residents. Because of the great risk that illegal drugs pose to the community, Illinois takes drug crimes very seriously. The Illinois Controlled Substances Act criminalizes the possession, manufacture and delivery of controlled substances, including heroin, cocaine, morphine, ketamine, and more. In Illinois, there are two separate crimes which can result from the unlawful possession of a controlled substance: Possession of a controlled substance and possession of a controlled substance with intent to manufacture or deliver.

Possession with Intent to Deliver is Punished More Severely

A regular possession conviction can lead to significant fines and even jail time. A possession with intent to sell or deliver conviction carrier even harsher penalties. If you were caught with a large quantity of illicit drugs, you may be charged with intent to deliver. Having items like a scale or small bags in your possession along with the drugs can make it appear as if you intend to sell them. Large amounts of cash can also indicate to law enforcement that you have sold the illicit substances. There are several ways an experienced criminal defense attorney can fight possession or intent to deliver charges, including proving that the police search which discovered the substances was an unlawful search or that the drugs were not knowingly in your possession.

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Illinois Juvenile Law - Five Things to Know If Your Teenager Is Arrested

 Posted on May 03, 2019 in Uncategorized

When Illinois police arrest a minor under 18 years old, they follow the procedures of the Illinois juvenile justice system rather than the law enforcement and judicial procedures defined for adults. Here are five things you need to know about Illinois juvenile delinquency law if your preteen or teenager is arrested.

  • When a minor is arrested in Illinois, both child and parent have special legal rights. For example, the minor has a right to talk to their parents prior to questioning and to have their parents present during questioning; likewise, the parents have the right to be with their child. Overall, a child has the same constitutional rights as an adult plus additional protections afforded to minors.
  • When any law enforcement officer arrests a minor without a warrant, they must take the minor to the nearest specially-trained juvenile police officer.
  • Illinois law authorizes juvenile police officers to handle juvenile offenses through immediate intervention procedures. The officer may issue an informal station adjustment which places conditions on the juvenile such as a curfew, staying away from certain people or places, or performing up to 25 hours of community service. A formal station adjustment requires both the juvenile and their parent to sign an agreement in which the juvenile admits their offense and agrees to comply with conditions such as payment of restitution, reporting to a police officer at designated times, or performing up to 25 hours of community service. If the minor or their parent refuses a formal station adjustment, the matter will be referred to juvenile court.

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Embezzlement Can Become a Serious Felony Charge Very Quickly

 Posted on May 02, 2019 in Uncategorized

In the state of Illinois, embezzlement is considered a very serious crime. Embezzlement is a form of white-collar crime that often occurs within the context of employee/employer relationships. Embezzlement is also considered to be a theft crime, which is also how it is prosecuted in the state of Illinois. If you are charged with embezzlement, you can face jail time and fines, and you could even be forced to repay any money that you have embezzled. If you are facing charges for embezzlement, it is highly recommended that you get help from a lawyer who is knowledgeable about white-collar crime.

What is Embezzlement?

The federal government has defined embezzlement as “fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.” In the state of Illinois, embezzlement is charged under the general theft statute, though embezzlement cases must meet certain criteria. The prosecutor must prove that:

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