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Recent Blog Posts
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.
DNA Testing
For most of the past 30 years, DNA testing has been used only in the most serious criminal cases such as murder and rape. Today, as DNA testing has become faster and cheaper, and offender databases have grown, you might expect police and prosecutors to start using DNA testing on lesser crimes such as burglary and robbery, drug dealing, aggravated assault, or domestic violence. However, given that both state and federal crime labs have large DNA testing backlogs, non-violent offenders currently have a relatively low chance of being caught or convicted on the basis of DNA evidence. This could change over the next few years, though, as DNA testing becomes even more efficient.
Basic Facts on DNA Testing
Since 1987, when the first U.S. criminal was convicted on the basis of DNA evidence, the science has rapidly advanced. Originally, DNA testing required a sample of blood or semen the size of a quarter, then fell to the size of a dime, then to anything visible with the naked eye. Today, DNA testing requires just a few skin cells, commonly referred to as “touch DNA.” DNA testing can be performed on almost any substance shed by the body, including blood, saliva, semen, hair, or skin cells.
How to Get Your Drivers License Reinstated After a DUI Conviction
Losing the ability to legally drive can cause major problems in a person’s life. Getting to and from work, picking up children from school, and even simple tasks like going to the grocery store can be nearly impossible when you are restricted from driving. If you have lost your license after being charged with driving under the influence (DUI), you are probably anxious to get your driver’s license back. There are several tasks which a person must complete before their license can be reinstated. So, what can an Illinois resident do to get his or her Illinois driver’s license back after is has been revoked?
The Driver’s License Reinstatement Process
There are several steps that a person convicted of a DUI in Illinois must do before he or she can gain the ability to legally drive again. Illinois state courts want to ensure that a person convicted of a DUI is not a threat to the public before reinstating his or her license. If you have lost your license after a DUI, you will need to submit to a drug and alcohol evaluation. After the evaluation, you will be classified as minimal risk, moderate risk, or high risk of future drug and/or alcohol abuse. If evidence exists that you have substance abuse problem, you will be required to undergo a substance abuse treatment program and submit a continuing care status report in the future. Once you provide proof of completing the substance abuse program, you can proceed with the license reinstatement process. Even if you do not have an alcohol or drug problem, you will have to participate in a DUI Risk Education class licensed by the Division of Alcoholism and Substance Abuse (DASA).
An Overview of the Illinois Cannabis Control Act
Since 1937, it has been illegal to use or possess marijuana in the United States. California was the first state to legalize marijuana for medicinal purposes and now 33 other states have legalized medical marijuana, including the state of Illinois. Recreational marijuana is also legal in 10 states, though it is still currently illegal in the state of Illinois. Although the law for recreational marijuana in Illinois will be changing soon. There are strict rules for cannabis possession, domestic battery in Illinois, and they are all laid out in the Illinois Cannabis Control Act. In this day and age where the lines between legal and illegal marijuana possession are often blurred, it is important to understand the consequences for illegal acts involving cannabis.
Possession of Cannabis
In Illinois, possession of cannabis has somewhat been decriminalized. Possessing small amounts (less than 10 grams) of marijuana only results in a $100-$200 fine now, rather than criminal charges. If you possess more than 10 grams of marijuana, you could be charged with either a misdemeanor or felony, depending on the amount. The amounts and charges for possession are as follows:
What Circumstances Lead to Domestic Violence Charges in Illinois
Illinois police respond to roughly 120,000 domestic violence calls that result in criminal charges each year. In the majority of those cases, the offender is charged with domestic battery, meaning that one member of a family or household physically attacked another member. A review of arrest data for Will County and the state of Illinois provides an interesting perspective on the circumstances that generally lead to crimes of domestic violence.
Illinois Statistics on Domestic Battery and Related Crimes
The Crime in Illinois report reveals that more than half of all domestic crime cases involve couples who are not married but have dated, lived together, or share a child together. Parent/child cases represent about 20% of domestic crimes, spouses or ex-spouses 15%, and other family members such as siblings 11%.
Where a domestic battery incident resulted in obvious physical injury, the injuries were severe in just 2% of reported cases. Severe injuries include loss of teeth, unconsciousness, broken bones, possible internal injuries, and severe lacerations. However, be aware that you can be charged with domestic battery even if the victim shows no signs of injury. Proof that you made physical contact with the victim is enough to support a conviction.
