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Recent Blog Posts
Swatting - False 911 Calls Have Serious Consequences
The making of false 911 calls purposely intended to mobilize an armed police SWAT team has become a frightening trend in the U.S. The estimated number of “swatting” incidents has more than doubled since 2011, according to one former FBI agent. Someone who commits the crime of swatting will face severe consequences ranging from a state charge of disorderly conduct for making a false police report to federal charges under the False Information and Hoaxes Act. Anyone accused of making a false police report should consult an experienced criminal defense lawyer.
California Swatter Sentenced to 20 Years in Federal Prison
The most famous swatting case to date involves a 26-year-old California man who made dozens of false 911 calls reporting bombs, murders, and other acts of violence. One of these calls resulted in the death of an innocent Kansas man when a SWAT team raided his home. The Californian pled guilty to 51 federal charges related to his false reports of bombs, murders, and other acts of violence. He now faces at least 20 years in prison.
Understanding Illinois Domestic Battery Charges
In recent years, states across the country have placed an increased focus on domestic violence and how it is prosecuted. Because of the serious and often secretive nature of domestic violence, there has been much effort put into preventing domestic violence from occurring and appropriately punishing offenders. In the state of Illinois, domestic violence is a serious crime that can affect you for the rest of your life. Even just being accused of domestic battery can cause people to look at you differently and can create a criminal record for you or add to an existing one. Understanding domestic battery charges and their consequences in Illinois is crucial if you have been charged with domestic violence.
When is Battery Considered “Domestic”?
Battery and domestic battery are technically two different crimes. For a crime to be considered domestic, the person you perpetrate a crime against must be a “family or household member.” In the state of Illinois, a family or household members include:
Unlawful Possession of a Firearm in Illinois
In order to help prevent gun violence, Illinois state requires any resident who wishes to own a gun or ammunition to obtain a Firearm Owners Identification Card (FOID card). These cards are issued to qualified applicants by the Illinois State Police. There are several exceptions to this requirement, including certain exceptions for members of the Armed Forces and Federal Officials. Illegally owning a firearm, or owning one without a FOID card is violation of state law and can carry significant penalties.
Consequences for Illegal Gun and Ammunition Possession
Penalties for illegal firearm possession vary significantly depending on the circumstances. Owning a gun without the proper documentation may be considered only a Petty Offense in some situations and a felony in other situations. For example, if an individual owns a firearm but his or her Firearm Owner’s Identification Card has been expired for 6 months or less and he or she is not otherwise disqualified from owning firearms, this is only a petty offense. If an individual owns a firearm without a FOID card, but meets the eligibility requirements for a FOID card, he or she will likely be charged with a Class A misdemeanor. However, if he or she receives a second or subsequent violation of the FOID card requirement, this charge is increased to is a Class 4 Felony.
DUI with a Child Passenger Carries Harsh Penalties - Possible Felony Charges
One out of every five children who dies in a fatal car crash is killed by a drunk driver. When you read that statistic, did you assume the child was riding in a car that was struck by the drunk driver? Or, that the child was a passenger in the drunk driver’s car? In 2017, 54% of the children killed by a drunk driver were riding in the same vehicle as the drunk driver. About 32% were occupants of other vehicles and the remaining 14% were on foot or bicycles.
You might wonder why someone would drink and drive with a child in the vehicle-or with any passenger, for that matter. One key reason is that drinking impairs thinking. People often do not realize that they are impaired when they get behind wheel. This impaired thinking is surely part of the reason why fatal crashes caused by drunk drivers have consistently numbered around 10,000 deaths per year from 2009 to 2017.
Illinois law tries to prevent these fatalities through its driving under the influence (DUI) laws that specifically target child endangerment.
Diversion Programs Offer Hope to Illinois Juvenile Offenders
Unfortunately, even good people sometimes get caught up in the criminal justice system. If you have a son or daughter who has been charged with a crime, you may be filled with questions such as “Will my child have to serve time?” and “Are there alternative programs for juvenile offenders?” Fortunately, Illinois lawmakers understand that many individuals convicted of a crime deserve to have a second chance. There are several diversion programs that exist in Illinois which allow young offenders to reduce or avoid jail time.
Examples of Diversion Programs in Illinois
Illinois diversion programs are intended to help offenders avoid strict penalties and/or get the help they need to avoid becoming a repeat offender. These programs include but are not limited to:
- Illinois Second Chance - Illinois Second Chance program is intended for offenders aged 17 1/2 and younger who struggle with substance abuse and mental health issues who are being released from secure correctional facilities to Cook County. Through the program, young offenders are given personalized aftercare planning and help as they transition from incarceration into the community. Illinois Second Chance begins two months prior to the offender’s release and continues for four months after the release. Illinois Second Chance services are currently offered in Cook County, Illinois.
Illinois Retail Theft and Related Charges
One of the most common crimes in the United States is retail theft, and while it may seem like a victimless crime, it is not. According to the National Retail Federation, inventory shrinkage due to theft or shoplifting cost American retailers nearly $49 billion in 2016. Many retailers have made retail theft a priority of theirs in order to combat this costly occurrence. In Illinois, retail theft is a crime that is taken seriously and can even be prosecuted as a felony in certain cases. If you are caught shoplifting, it will probably not be a simple matter that can be settled by giving the item back or paying for it - you will most likely be prosecuted.
General Retail Theft Definition
In its most basic form, retail theft occurs when someone knowingly and willingly takes possession of, carries away or transfers any merchandise in a retail establishment without paying for it and that person intends on keeping the merchandise or depriving the retail establishment of the possession of the merchandise permanently. As long as the value of the stolen merchandise does not exceed $300, the crime is classified as a Class A misdemeanor, which carries a sentence of up to one year in prison and up to $2,500 in fines. If the merchandise does exceed $300, then the charge is increased to a Class 3 felony, which carries a possible sentence of two to five years and up to $25,000 in fines.
Illinois CCL Holders Use Concealed Carry Handguns in Self-Defense
Since Illinois legalized the concealed carry of handguns in 2014, there have been at least 40 shootings by concealed carry license (CCL) holders reported in the media. More than half of those shootings involved self-defense or defense of others in response to a crime in progress. A review of these cases provides useful insights to all firearm owners in Illinois who may someday need to use their gun in self-defense or find themselves charged with unlawful use of a weapon.
Summary of Illinois Shootings with Concealed Carry Handguns
Defense of others. In at least four instances, CCL holders have come to the aid of their neighbors or total strangers:
What You Should Know About Reckless Driving in Illinois
While many people consider traffic violations to be minor offenses, the truth is that traffic violations can result in serious punitive consequences. Being accused of reckless driving can result in heavy fines and even jail time. A reckless driving charge is not something to take lightly. Read on to learn about Illinois reckless driving law and what you can do to defend against such charges.
What Constitutes Reckless Driving?
According to Illinois statute 625 ILCS 5/11-503, reckless driving includes:
- When a driver is “willfully or wantonly disregarding the safety of other persons or property while driving their vehicle;” and
- When a driver purposely uses an incline to make their vehicle become airborne.
The first scenario is much more common than the latter. An individual who is traveling at a very high speed may be charged with reckless driving. Behaviors like swerving back and forth between lanes without signaling and driving erratically may also be considered reckless driving. Negligent driving, or driving without consideration for the safety of other motorists and pedestrians, is often considered reckless driving as well.
The Differences Between Assault and Battery in Illinois
Most people are not familiar with the criminal justice system. Often, the first exposure people do have with the criminal justice system is when they get themselves into trouble. Most people’s knowledge about the criminal justice system, crimes and punishments comes from what they see and hear on television and movies and what they read in news stories about crime. This can lead to much confusion about what actually constitutes specific crimes and how they are prosecuted. Assault and battery are two separate crimes that many people often confuse for one another, as their definition can differ depending on the state bringing the charges. If you have been charged with assault, battery or both in Illinois, it is important that you understand what these crimes are and what kind of punishments they may result in.
Assault Charges
According to Illinois law, assault occurs when a person knowingly engages in conduct which places another person in apprehension of receiving a battery. Basically, assault occurs when a person makes another person reasonably believe that they will be physically harmed. Assault is a Class C misdemeanor when it is basic assault, though the charges can increase up to a Class 3 felony for aggravated assault. This means that you could face up to 30 days in prison and up to $1,500 in fines for “regular” assault. If the judge does not sentence you to incarceration, you could be required to serve between 30 and 120 hours of community service.
Understanding the Difference Between Bail and Bond
If your loved one has been arrested, you may be wondering what steps you should take next. Perhaps you have heard that you need to come up with a certain amount of money for “bail” and that in order to do this you need a bail bond. The words “bail” and “bond” often appear to be used interchangeably, but there are important differences between these two terms. The best way to protect your rights after a criminal arrest is to retain an experienced criminal defense attorney
Bail is a Form of Security to Ensure the Defendant Appears at Trial
After a defendant has been arrested, the judge may require a form of collateral to ensure that the defendant appears for his or her trial. The trial date for a criminal offense is usually several weeks or months after the original arrest. Defendants arrested on criminal charges may stay in jail while they wait for their trial, but for an innocent or wrongly-accused defendant, staying in jail can be agonizing. Posting bail gives the defendant the option to leave the jail while waiting for his or her trial.
