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Recent Blog Posts
What Is Scotts Law or the Illinois Move Over Law
Illinois drivers must start obeying Scott’s Law or face the consequences as the state police step up enforcement of the move-over law. More tickets are expected to be issued this spring and summer due to rising concerns about the safety of state troopers and other emergency services personnel when working roadside traffic stops and accident scenes.
In the first few months of 2019, a record number of state troopers, 16, were struck by other vehicles and two of them were killed. Nearly 500 drivers have already been ticketed for Scott’s Law violations in 2019, more than double the number during a comparable time frame in 2018.
The Penalty for Failing to Move Over
Scott’s Law, 625 ILCS 5/11-907(c), requires drivers to slow down and change lanes away from a stopped emergency vehicle when they see flashing lights. The penalty for this traffic violation is a fine between $100 and $10,000, plus a driver’s license suspension if the violation results in a collision causing property damage (90 days to one year), injury (180 days to two years), or death (two years).
Exploring Plea Bargains and Their Benefits
Criminal trials are often lengthy, complicated processes. There are many rules and regulations that must be followed during criminal trials. Those rules vary depending on which state you are being tried in and whether or not you are being tried in federal court or state court. The infamous OJ Simpson trial lasted for 11 months before a decision was reached, but other trials have taken years to conclude, costing millions of dollars. One of the solutions prosecutors and criminal defense attorneys have strategically used to help reduce the time of criminal trials is by offering plea bargains. According to the United States Bureau of Justice, around 90 to 95 percent of criminal cases result in a plea bargain.
What is a Plea Bargain?
A plea bargain is an agreement made between the defendant (you) and the prosecutor (the lawyer representing the local, state, or federal government). The agreement involves you entering a guilty plea to some or all of the charges that are being brought against you, usually in exchange for a more lenient sentence than would be applied following a finding of guilt at trial. Rather than going to trial to determine whether or not you are guilty, you skip that step and plead guilty. A plea bargain might involve reducing the severity of the charges against a person, reducing the number of charges against a person, reducing the severity of the sentence, or a combination of the three.
Adult Redeploy Illinois: Avoiding Jail for a Felony Crime
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.
Consequences for Boating Under the Influence in Illinois
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:
Battery Charges Increase When a Police Officer is Involved
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.
When is Driving Under the Influence a Felony in Illinois?
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.
Facing Burglary Charges in Illinois?
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.
Treatment Over Jail for Illinois Veterans Facing Criminal Charges
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.
Illinois Probation Rules: Make Sure You Follow Them
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:
- Violate any criminal statute of any jurisdiction;
Possession of a Controlled Substance vs. Intent to Deliver
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.
