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Recent Blog Posts
Who Qualifies for Criminal Record Expungement in Illinois
It can be incredibly rewarding for those with a criminal past to leave their life of crime behind them – both literally and figuratively. One way to move on from past mistakes or false allegations is to have your criminal history cleared through an expungement. Even if your case was dismissed, the only way to officially remove the record of your arrest is through an expungement. Not all offenses, however, nor is everyone eligible for an expungement. Only those who meet certain state qualifications can have their records expunged. When the expungement process is complete, your criminal records are either physically destroyed or returned to you. The Expungement process also removes the defendant’s name from public criminal records.
Criteria for Potential Expungement
To request an expungement in Illinois, the arrest or the offense in question must meet certain criteria. Typically, only offenses that did not result in a conviction are eligible for expungement. Items that can be expunged include:
Is it Legal for Police to Use a Drug-Sniffing Dog During a Traffic Stop
It is widely known that dogs have a much more sophisticated olfactory system that humans do. Their sense of smell is anywhere between 10,000 and 100,000 times better than that of humans, so it makes sense that dogs are used in a variety of different professions. Some of the most well-known working dogs are those that are used to help police officers detect and locate illicit drugs. It is not uncommon for police to use a drug-sniffing dog, during traffic stops but does that mean it is legal?
Fourth Amendment Rights
The biggest concern with the use of drug-sniffing dogs is infringing on individual’s rights given by the Fourth Amendment to the U.S. Constitution. The Fourth Amendment states that U.S. citizens have the right to be secure against “unreasonable searches and seizures” of their “persons, houses, papers and effects.” The Amendment also states that a warrant brought about by probable cause should be used to justify any search or seizure of their assets.
What Should a Parent Expect from a Juvenile Defense Attorney
When your child gets arrested, it is normal to feel angry and upset. However, being too emotional can make it hard to communicate effectively with your child, the police, and your child’s lawyer. It is important to remain calm so that you can work effectively with your juvenile defense lawyer to obtain the best possible outcome for your child. If you have not worked with a lawyer before, four things you can expect from a juvenile defense lawyer are the protection of your child’s legal rights, simple explanations of the process, a thorough investigation of the circumstances of your child’s case, and appropriate recommendations for your child’s defense.
Protection of Your Child’s Legal Rights
The first thing your child’s lawyer should do is make sure you and your child understand your legal rights within the Illinois juvenile justice system. For example, your child has the same rights as an adult to remain silent and to have a lawyer at their side to counsel them during any questioning by the police or the state’s attorney. Your child also has the right to have a parent or other adult family member with them during questioning.
Understanding Breath Alcohol Ignition Interlock Devices
Illinois drivers who are caught driving under the influence of alcohol (DUI) are subject to an automatic suspension of their driver’s license. Failing a blood alcohol content (BAC) test will cause a first-time DUI offender to lose his or her ability to legally drive for six months through a statutory summary suspension. A DUI offender who refuses a Breathalyzer test or a person who fails a test for the second time will have their license suspended for 12 months.
However, there are a few ways you can regain your ability to drive after being charged with a DUI. One way is through a Monitoring Device Driving Permit (MDDP) and another is through a Restricted Driving Permit (RDP). Both of these permits allows a person convicted of a DUI to regain their ability to legally drive before the end of the license suspension. In order to qualify for either of these special permits, you must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle.
Defending Against Charges of Battery or Domestic Battery
When you get in a physical altercation with someone, you could find yourself charged with misdemeanor battery, domestic battery, or felony aggravated battery. Having a violent crime like this on your record can cause you significant problems in the future. For example, a conviction for a forcible felony such as aggravated battery can prevent you from getting the professional license you need to work in health care, teaching, or a number of other fields. Employers may refuse to hire you for even a misdemeanor battery conviction.
Because the potential consequences of a conviction are harsh, you need to mount a strong defense against any type of battery charges or similar crimes against persons. But, what constitutes a strong defense? The key is not to rely on a single line of defense but rather to have multiple lines of defense.
Serious Penalties Can Result from a Fake ID
In today’s digital age, it is easier than ever for a person to get their hands on a fake ID. What once took yourself or a friend “knowing a guy” can now be accomplished by a simple Google search. There are thousands of websites out there run by people claiming that they can make identification cards that are “scannable” and “will not get you caught easily.” Though it may seem easy to just purchase a fake ID off the internet, even just possessing a fake ID in Illinois can get you into a lot of trouble. In some instances, you can even find yourself facing felony charges and extensive fines for charges related to fake IDs.
Penalties for Fake IDs
In the state of Illinois, it is illegal for anyone to assist in obtaining, fraudulently obtain, possess, use, or distribute a fake identification card. Aside from any criminal charges you may face, the state of Illinois can also revoke your driving privileges for a minimum of one year or suspend your driving privileges for a maximum of one year if you violate any of the laws pertaining to fake IDs.
Are You Facing Domestic Battery Charges
When an argument with your spouse or other family member gets out of hand, it is possible that criminal charges can be brought against one of you. A domestic battery conviction can have serious criminal penalties and life-altering consequences. If you have been charged with domestic battery, it is critical that you contact a criminal defense attorney with experience successfully handling domestic cases. A qualified lawyer can help protect your rights and work hard to defend against the allegations.
Illinois Domestic Violence Law
The term “domestic” generally refers to family members. You can be charged with domestic battery for alleged violence against a family or household member. According to Illinois law, domestic violence can occur between the following people:
- Blood-related family members;
- Family members by marriage or by prior marriage;
- Married and divorced couples;
An Overview of Illinois Felony Charges and Their Consequences
When it comes to crime classifications, each state has its own unique system and way of organizing specific crimes. In the state of Illinois, there are three main classifications of crimes: petty offenses, misdemeanors, and felonies. A petty offense is simply a minor violation - like a traffic ticket - for which the consequence is paying a fine. A misdemeanor misdemeanor is more serious than a petty offense and can carry up to one year in jail, depending on the type of misdemeanor. A felony is the most serious type of crime and can be punishable by up to life in prison.
The Illinois crime classification system contains five classes of felonies, or five different levels for a felony charge, in addition to first-degree murder, which is charged as a separate class of felony. Fines for any felony can be up to $25,000 in addition to any other requirement that certain fines, fees or restitution be paid. A felony conviction can affect you for the rest of your life, so it is important to understand the possible consequences.
Improve Your Chances for Illinois Drivers License Reinstatement
To get your Illinois driver’s license reinstated after it has been revoked for DUI, you will have to prove that allowing you to drive again will not pose a risk to public safety. A Secretary of State hearing officer will make this determination based on several key pieces of evidence that you must present at a formal hearing, which is very similar to a trial. Your documentation must include proof of completion of your DUI sentence, an updated drug/alcohol evaluation, and letters or testimony confirming your rehabilitation.
It is highly recommended that you consult an experienced Will County driver’s license reinstatement lawyer to help you prepare this documentation. Your attorney can also coach you on how to answer questions typically asked at these hearings, make recommendations regarding the use of witnesses, and represent you during your hearing.
Documentation Required for Formal Reinstatement Hearing
Accumulating Too Many Points on Your Driving Record Can Result in License Suspension
Illinois state law treats driving as a privilege which is subject to revocation for a multitude of reasons. You probably already know that certain things, like being caught drinking and driving, can result in a person’s driver’s license being suspended. An Illinois driver can also lose his or her ability to legally dive for things like not paying child support or obeying a court summons. Even relatively benign infractions like forgetting to pay paying traffic tickets or other fines can cost you your driving privileges. In this post, we will discuss another way you can have your license suspended: accumulating too many points on your Illinois driving record.
Understanding the Illinois Driver’s License Points System
Illinois, like most states, has a points system that is used to keep track of drivers’ traffic offenses. Traffic violations are assigned point values based on the severity of the violation. Each time a driver commits a traffic violation, points are added to his or her driving record. For example, a speeding violation can result in an addition of 5-50 points depending on how fast the driver was going. Texting while driving carries and running a red light both carry a penalty of 20 points. Driving the wrong way on a one-way street is a 5-point infraction.
