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Recent Blog Posts
Examining Self-Defense Laws in Illinois
In some situations, you may have to commit an act of self-defense in order to protect yourself, others, or your property. An act of self-defense is usually an act of force that would, in other circumstances, be illegal. The state of Illinois recognizes that there are some situations in which you might need to use force against another person to protect yourself from harm. These self-defense laws can be found in the Illinois Criminal Code of 2012 under Justifiable Use of Force
If you have been charged with a crime in Illinois, you can use self-defense as an argument for your innocence with help from an Illinois criminal defense lawyer.
Defending Yourself
In Illinois, a person is permitted to use force against another person “when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.” For an argument of self-defense to be legitimate, you must prove that:
Illinois Politicians Aim to Make Penalties Higher For Absent Defendants
When someone is arrested on criminal charges, they are typically held in in police custody until they are set to appear in court or until they are released on bail. Bail is a monetary amount that is usually set by the judge in accordance with laws and acts as a type of insurance that the person will appear back in court when they are supposed to do so. Typically, a bail amount is thousands of dollars, so defendants are only required to pay 10 percent of the set bail. Once a defendant posts bail, they are free to be released from police custody, but they do not always go back to court when required to do so.
Defendants Attempt to Avoid Prosecution
Two Illinois lawmakers are trying to make changes to Illinois’ current failure to appear laws. They state that there has been an increase in the number of suspects who post bail but never actually return to court when they are called to do so. The DuPage County State’s Attorney’s office recently expressed concern with the number of defendants who had been charged with violent crimes such as child pornography, aggravated burglary, aggravated robbery and aggravated DUI, but never showed up in court after posting bail.
What Can Happen If You Commit a Theft or Retail Theft in Illinois
When you are short on cash, shoplifting or retail theft can be very tempting. After all, stores have to expect some percentage of losses. A lot of merchandise simply gets damaged by careless employees or clumsy shoppers. And, when a store expects you to scan your own purchases, it is hardly your fault when the machine malfunctions. Right? While you may think a small theft is no big deal, state law says otherwise.
Retail Theft Is a Class A Misdemeanor, Same as a DUI
As unfair as it may seem, Illinois law considers a small retail theft to be as serious as driving under the influence. Both offenses are Class A misdemeanors, punishable by up to one year in jail and a fine of up to $2,500. Retailers have also gotten more serious about using security cameras and other systems to prevent and punish shoplifting. Even if you are not stopped before leaving the store, store employees can still report you to the police, using your image caught a security camera and/or your vehicle license plate number. In other words, you can be arrested for retail theft days or weeks after leaving a store.
Will County Drug Court Helps Addicted Offenders
If you are convicted of drug possession or another non-violent crime in Will County, you could be sentenced to spend a year or more in prison. But if your criminal behavior is affected by substance abuse, you may have the option of an alternative program known as drug court.
Statistics show that over 40 percent of people who spend time in prison will be back behind bars within three years of their release. Each prison inmate costs Illinois taxpayers $22,000 per year. The Will County drug court has proven more successful and substantially less expensive. Since it began in 2000, less than 10 percent of drug court graduates have reoffended, and the program costs just $3,000 per person. Drug court programs in Illinois are governed by the Drug Court Treatment Act (730 ILCS 166).
Your Rights and Responsibilities During a Traffic Stop
For many people, the only time they come into contact with the police is during a traffic stop. Statistics show that almost half of all face-to-face interactions that U.S. residents had with police occurred due to being pulled over while driving. Of those interactions, about half resulted in the driver being issued a ticket. Only about three percent of all stopped drivers end up being searched by police during a traffic stop.
Being pulled over by the police can be a scary situation. Many drivers are not sure what their rights and responsibilities are during a traffic stop. It is imperative that every citizen understands what to do during a police interaction as well as what not to do.
If You See Flashing Lights, You Must Pull Over As Soon It Is Safe to Do So
Declining to stop for police or eluding a police officer is a criminal act. If a police officer tells you to stop, you are required to do so by law. A police officer may verbally instruct you to stop or he or she may flash his or her lights to signify that you need to pull over. Section 11-204 of the Illinois Vehicle Code states that fleeing a police officer is a Class A misdemeanor offense which carries a penalty of up to one year in jail and a $2,500 fine. However, you could be charged with a felony depending on the facts of your case if you attempt to flee from an officer.
You Could Face Criminal Charges if Your Child Gains Access to Your Firearms
The United States has historically been a gun-toting nation. According to the American Academy of Pediatrics estimates that 1,300 children die each year due to firearm-related reasons and another 5,790 are treated for injuries. In response to this, laws called child access prevention laws have been established in 28 states and the District of Columbia. Violations of child access prevention laws can result in criminal gun charges.
Illinois’ Child Access Prevention Law
The child access prevention law in Illinois can be found in the Criminal Code of 2012. The law states that it is unlawful for any person to store or leave their firearm in a place that a child under the age of 14 could gain access to it. The law only applies to situations in which the person has reason to believe that the child is likely to gain access to the firearm and the child use the firearm to commit great bodily harm or death to another person or themselves. The law does not apply in a situation in which the firearm is:
Traffic Stop Safety for All, Including Carriers of Concealed Firearms
When you get pulled over by a police officer, you may not realize that the officer probably feels as tense as you do. The officer has no idea whether you are a law-abiding citizen or an armed criminal who poses a serious danger. Nobody wants to see a routine traffic stop for something like a speeding ticket or DUI turn into a fight. So, what can you do as a citizen to get the most favorable possible outcome?
Show Your Hands and Obey Commands
When asked how citizens can avoid trouble during a police stop, experienced law enforcement officers usually boil down their advice to two points: show your hands and obey commands. But, we can break this down into a few more specifics:
- Acknowledge the officer. When you see a police officer flagging you down-whether through lights, sirens, or verbal commands-the first thing you should do is signal your intent to comply. A simple glance in your rearview mirror and a wave of your hand let the officer know that you acknowledge his signal.
A DUI Conviction Will Affect Your Life
Most of us know the legal ramifications of a DUI - you will be facing multiple fines, a driver’s license revocation, and possible jail time. Being charged with a DUI can land you in a world of legal trouble that can be hard to escape. As if that were not enough, being convicted, charged or even just arrested for a DUI, you will probably notice changes in other areas of your life, too. Here are few ways a DUI charge or conviction can affect your life:
Your Freedom Will be Limited
One of the most well known ways that a DUI arrest will affect you is by having your license suspended. Even though you can apply for driving permits that allow you to drive during your summary suspension, those permits can be restricting and you must be eligible to receive them. You are only eligible for a monitoring device driving permit (MDDP) if you are a first-time DUI offender and your offense did not involve a fatality or great bodily harm. A restricted driving permit (RDP) is required for all other DUI offenses including DUI revocations, meaning you can only drive on the basis of your particular permit and you will be likely required to prove that a hardship exists for you if you are not able to drive.
Nine Nabbed with Cocaine and Heroin in Joliet Drug Bust
Will County drug traffickers took a hit in August 2018 when a joint federal and state task force arrested nine individuals. Seven will face federal charges for possession of controlled substances with intent to distribute while the other two will face state drug charges.
Local law enforcement officers supported by the FBI seized roughly three kilograms of cocaine, which has a street value of approximately $300,000, and about 60 grams of heroin that would sell on the street for around $12,000, along with vehicles, cash, and firearms. For perspective, Illinois law calls for a sentence of 15 to 60 years in prison for cocaine possession over 900 grams, while the heroin possession qualifies for a sentence of 4 to 15 years.
Eight of the nine accused were living in Joliet with the ninth residing in Aurora. Their ages ranged from 38 to 67 years old. One of the key players in this drug ring is said to be associated with the Black Gangster Disciples, a gang reported to have anywhere from 25,000 to 50,000 members across 110 cities in 31 states. Had this individual been charged under Illinois state law, he could have been found guilty of “street gang criminal drug conspiracy” which is a Class X felony.
Informal and Formal Driver License Reinstatement Hearings in Illinois
Contrary to what some people believe, driving is a privilege, not a right. This means that the state that issued your driver’s license has the right to take it away if necessary. There are many situations that can cause you to lose your license in Illinois, but one of the most common reasons people lose their license is as the result of DUI. If your license has been suspended or revoked due to a DUI charge, you have to attend an administrative hearing conducted by the Office of the Illinois Secretary of State to reinstate your driver’s license. These hearings can be formal or informal, but your specific circumstances will determine which type of hearing you must attend.
Informal Hearing
An informal hearing is obviously the more relaxed of the two and the preferential choice when it comes to driver’s license reinstatements, but only certain people are eligible for informal hearings. You can only attend an informal hearing to reinstate your driving privileges if:
- Your DUI charge did not involve a fatality;
