Schedule a Free Consultation|
Call 815-740-4025
-
- Home
- Our Firm
- Criminal Defense
- Assault & Battery
- Domestic Battery / Domestic Violence
- DUI/DWI
- Drug Crimes
- Driver's License Reinstatement
- Speeding Tickets, Traffic Offenses & Violations
- CDL Violations
- Gun & Weapons Charges
- Felony Crimes
- Misdemeanor Crimes
- Juvenile Crimes
- Expungement & Record Sealing
- Resisting Arrest / Obstructing the Police
- Retail Theft & Shoplifting
- Police Questioning: When Miranda Warnings Are Required
- Media
- Blog
- Contact
Recent Blog Posts
Can the Police Search My Cell Phone?
When a person is arrested on the suspicion that he or she committed a crime , he or she has certain rights. You are probably familiar with some of them, including the right to remain silent, the right to have an attorney present during questioning, and the right to a trial by a jury of his or her peers. Other rights may sound familiar, but you may not know exactly what they guarantee.
For example, the Fourth Amendment to the U.S. Constitution guarantees the right of citizens to be free from unreasonable searches and seizures. But, what does that mean? What is unreasonable search? Does that mean the police cannot search me at all during an arrest? In today’s digitally connected world, this question is often raised in regard to police searches of cell phones and other mobile devices.
Supreme Court Ruling
In 2014, two separate cases —Riley v. California and United States v. Wurie—made their way to the United States Supreme Court. The cases were similar enough that the high court heard them both at the same time. Each case involved a criminal defendant whose cell phone was seized and searched incident to arrest. The search in each case yielded photos, data, and other evidence that was subsequently used in the investigation and the prosecution of the defendants.
Medical Marijuana Program Continues in Illinois
Over the last several years, Illinois lawmakers have approved several measures that have changed the state’s approach to marijuana. While they did not go so far as to legalize recreational use of the drug, low-level possession is no longer a crime, and individuals who have been duly registered with the state are legally permitted to use the drug on a medical basis. The state’s medical marijuana program has been somewhat controversial, but it still remains a legal option for those who qualify.
A Quick Review
In August 2013, then-Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act which took effect on January 1, 2014. The Act laid the groundwork for a new medical marijuana program that was set to lest four years, as a sunset provision in the law would automatically repeal it on January 1, 2018. As growers and dispensaries applied for permits from the government, however, lawsuits and red tape did not allow the first patients to legally obtain marijuana for medical purposes until November of 2015.
The Benefit of Completing a Diversion Program in Illinois
The news often features reports of celebrity defendants who check themselves into drug or alcohol rehabilitation programs in an effort to gain leniency when faced with the prospect of criminal charges. In some instances, a judge may grant a defendant an opportunity to redeem themselves in order to avoid a stricter sentence.
The use of diversion programs is a strategy that allows some defendants to receive help in exchange for less severe or dropped charges.
Examples of Diversion Programs in Illinois
Many diversion programs are geared toward juvenile offenders in an effort to help reduce the number of incarcerated youth. Examples of diversion programs and state initiatives created to help offenders avoid severe penalties and obtain the help they need to reduce the likelihood of becoming a repeat offender include, but are not limited to:
Applying for and Obtaining an Illinois Concealed Carry Permit
In 2013, the Illinois legislature voted to override then Gov. Quinn’s amendatory veto and approved the state’s first Concealed Carry Act. The Illinois Firearm Concealed Carry Act allows duly licensed and thoroughly vetted individuals to carry concealed handguns (both loaded or unloaded).
The concealed carry policy includes a stringent list of criteria and thorough application process to ensure concealed carry permits are issued to responsible and law-abiding gun owners.
Am I Eligible to Apply for a Concealed Carry Permit?
Illinois residents must meet a list of established criteria even before initiating the application process. Eligibility rules for residents of Illinois are:
- Must be at least 21 years old
- Have a valid Illinois Firearm Owner’s Identification Card (FOID)
Legalization of Switchblades in Illinois Awaits Governor’s Signature
The long-standing ban on spring-assisted or switchblade knives could soon come to an end should a new bill recently passed by the Illinois state legislature be signed by Governor Bruce Rauner. Currently, in Illinois, any person who knowingly makes, sells, possesses, or uses a switchblade knife is subject to a charge of unlawful use of weapons.
The ban on switchblades was enacted more than 40 years ago. While the use of a one-handed knife can be convenient for some laborers, the item was categorized alongside weapons such as brass knuckles, throwing stars, and a ballistic knife. Even the mere possession of these items is considered a violation of the law.
Potential Outcomes of the New Law
A change in state statute that would result in the legalization of switchblade knives was initiated when one Illinois legislator met with a constituent who wanted to manufacture a new style of spring-assisted knives but could not do so in Illinois because of the existing statute. The new law sent to the Governor provides for the following:
DUI Suspension in Illinois? Are You Eligible for the MDDP?
Over the last few months, several posts on this blog have talked about different ways in which you could have your driving privileges suspended in the state of Illinois—most of them related to driving under the influence (DUI). Make no mistake about it; a license suspension is always a serious matter. But, did you know that you could possibly be permitted to drive even if your license has been suspended? Not every driver will qualify, but if you are eligible, the state’s Monitoring Device Driving Permit (MDDP) program could get you back on the road sooner than you may have thought possible.
Why the Program Exists
Prior to 2009, a person whose license had been suspended as the result of his or her first DUI conviction or a failed blood-alcohol content (BAC) test could apply for a judicial driving permit. He or she needed to prove that the suspension imposed an undue hardship on his or her life, and approval was left to the discretion of officials from the office of the Secretary of State.
Illinois Concealed Carry Laws: Shall Issue vs. May Issue
There is little question that gun laws in Illinois are still among the toughest in the nation. While it may not be evident based on the amount of gun violence reported on the streets of Chicago and other Illinois cities, the reality is that the illegal possession or use of a firearm can lead to severe criminal penalties. In addition, a conviction on weapons charges could follow an individual for the rest of his or her life.
Firearm Owner’s Identification (FOID)
To legally own a firearm in the state, an individual must apply for a Firearm Owner’s Identification (FOID) card through the Illinois State Police (ISP). The ISP has the authority to review all applications, and if the applicant meets the qualifications provided by law—which include age, residency, mental health, criminal background, and drug use criteria—the State Police will issue him or her a FOID. A valid FOID is also required for most gun transactions as well.
The Difference Between Assault and Battery
If you watch enough television or go to the movies, then you heard the terms “assault” and “battery” used a number of times. Perhaps you even heard them used in tandem. However, a charge of assault is different than that of battery, and while both are serious, it is important to know the distinctions.
What is Assault and Aggravated Assault?
In Illinois, assault is defined as when one person knowingly engages in conduct that places another person in reasonable apprehension of being physically attacked. The key here is that when it comes to a charge of assault, there is a lack of physical contact.
Aggravated assault is when the crime is alleged to have occurred in a public place such as a sports venue, public park, or any area deemed open to public access. Criteria that may also result in the upgraded charge include :
Know the Laws Regarding Cell Phone Use While Driving in Illinois
According to recent estimates, more than 90 percent of American adults own and use a cell phone. This does not even account for those who use tablets or any other type of mobile electronic device. When cell phones were first introduced, their primary appeal was that they were perfect for business professional and others who were constantly on the go. While that focus has changed somewhat in the last three decades, cell phones are rapidly replacing traditional landlines giving more and more people to communicate without being tied to a particular location.
As cell phone technology has advanced, people have also become much more likely to use their devices while behind the wheel of their cars. Despite study after study showing the dangers of using a cell to talk or text while driving, many cannot seem to put them down. If this describes you, it is important to understand that you could be pulled over for using your phone while driving, and the penalties for doing so can add up quickly.
How to Get Your Criminal Record Expunged
Any arrest, regardless of whether it is a misdemeanor or felony offense, can have a negative effect on your life for years to come. That single incident can deter your ability to find employment, enroll in school, and can impact other activities that require a criminal background check. However, with the help of an experienced attorney , it is possible to have those stains on your record completely eliminated.
Convictions of misdemeanor offenses may follow you around like a bad memory. It is important to know that, even if you are found “not guilty,” the arrest on a misdemeanor or felony charge will still appear on your record and remain a part of the “public record.” Because of this, you may wish to take steps to have the entire incident completely eradicated, so it is like the incident never occurred.
What Crimes Qualify for Expungement?
This is probably the first question anyone asks when exploring the possibility of seeking expungement of their record. For the most part, felony convictions are not eligible, but Illinois law (FOID) identifies and defines the various offenses that may qualify for removal from the public record. Listed here is a summary of some of the most common incidents eligible for expungement:
