Posted on June 12, 2024 in DUI/DWI

Facing an aggravated felony DUI charge is a serious matter that demands immediate attention. An Illinois lawyer can help you understand the aspects of an aggravated felony DUI charge, the potential consequences, and the steps you can take to protect your rights.

Understanding Your Aggravated Felony DUI Charge

In Illinois, a DUI charge can be elevated to an aggravated felony when certain aggravating factors are present. These factors may include having a BAC of 0.16 percent or higher, committing a DUI while driving on a suspended or revoked license, causing bodily harm or death to another person, having prior DUI convictions, or committing a DUI with a child under the age of 16 in the vehicle.

The consequences of an aggravated felony DUI conviction can cause havoc in your life. Depending on your circumstances, you may face one or more of the following:

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 Posted on June 06, 2024 in Expungement & Record Sealing

If you have a criminal record, you might be wondering about your options for moving forward. Two common paths are record sealing and expungement. But what exactly do these terms mean, and how do they differ? An Illinois lawyer can help you clear up any confusion.

What is Record Sealing?

When your criminal record is sealed in Illinois, it is hidden from public view. This means potential employers, landlords, and most other members of the public will not be able to access it. However, law enforcement agencies and the courts can still see your sealed record.

Sealing is available for many misdemeanors and even some felonies. Typically, you need to wait three years after completing your sentence to request sealing. Some offenses, like domestic battery, may require a longer waiting period.

What is Expungement?

Expungement, on the other hand, is a more comprehensive solution. When a record is expunged in Illinois, it is not just hidden—it is completely erased, as if the offense never happened. The arresting agency will destroy their records, and the court clerk will remove all mentions of the case from their files.

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 Posted on May 29, 2024 in Traffic Violations

Getting a traffic ticket can be a frustrating experience, especially if you believe you do not deserve it. You have the option to fight against your traffic ticket in court. But is it always the best decision? An Illinois lawyer can help you determine some factors to consider when deciding whether to contest your traffic ticket.

Make Sure You Understand the Consequences

Before deciding to fight your ticket, you must understand the potential consequences of a conviction. In Illinois, traffic violations can result in:

• Fines

• Court costs

• Traffic school

• Points on your driving record

• Increased insurance premiums

Depending on the severity of the violation and your driving history, these consequences can add up quickly. However, if you believe you have a strong case, fighting the ticket may be worth the effort.

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 Posted on May 21, 2024 in Traffic Violations

If you have been cited for a second traffic violation, you may be facing harsher penalties than for a first offense. It is important to understand the potential consequences and your legal options. An Illinois lawyer may be able to help you with your second offense traffic violation.

Penalties Depend on the Type of Violation

The consequences for a second traffic offense depend on several factors, most notably the specific violation. Common moving violations that may result in enhanced penalties for a second offense include:

• Speeding

• Running a red light or stop sign

• Improper lane usage

• Following too closely

• Failure to yield

• Driving without insurance

For many of these offenses, a second violation will result in higher fines and court costs compared to a first offense. You may also have your license suspended for a longer period of time, especially if the second violation occurs within a certain timeframe of the first offense (often 12 to 24 months).

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 Posted on May 14, 2024 in Theft

If you have been charged with shoplifting, you should understand your legal options and potential defenses. Shoplifting, legally known as retail theft, is a serious offense that can lead to criminal penalties. However, an Illinois lawyer can help you build a vigorous defense and protect your rights.

What to Know About Shoplifting Laws in Illinois

Under Illinois law (720 ILCS 5/16-25), retail theft is defined as knowingly obtaining or exerting unauthorized control over merchandise from a retail establishment with the intention of depriving the merchant of the full retail value of the item.

It is important to note that shoplifting charges can have long-lasting consequences, including fines, jail time, and a permanent criminal record, which can affect future employment and housing opportunities.

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 Posted on May 08, 2024 in Driver's License Reinstatement

Receiving a violation while operating a commercial vehicle in Illinois can have serious consequences for your career as a professional driver. Commercial driver’s licenses (CDLs) are governed by stricter rules and regulations than regular driver’s licenses, and violations can result in fines, license suspensions, or even revocation. You must take the proper steps to protect your livelihood and driving privileges. An Illinois lawyer can guide you through the recommended actions after a CDL violation.

Request a Hearing

The first step is to understand the nature of the violation you have committed and its potential repercussions. CDL violations can range from minor infractions like speeding or failure to signal to more severe offenses like driving under the influence (DUI) or reckless driving. The consequences may vary depending on the severity of the violation, your driving record, and whether it occurred while operating a commercial or personal vehicle.

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 Posted on April 30, 2024 in Drug Crimes

When facing felony drug charges in Illinois, building a defense strategy can strengthen your case. The penalties for these offenses can be severe, potentially leading to lengthy prison sentences and hefty fines. It is beneficial to explore every possible avenue with an Illinois lawyer.

Challenging the Search and Seizure

A frequently employed defense tactic is to contest whether law enforcement lawfully obtained the drug evidence. The Fourth Amendment to the U.S. Constitution, along with Article I, Section 6 of the Illinois Constitution, protects citizens against unreasonable searches and seizures by the government. If the police carried out an illegal search or seizure, such as conducting a search without a valid warrant or exceeding the permissible bounds of a warrant, a skilled defense lawyer can file a motion to suppress.

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 Posted on April 22, 2024 in Expungement & Record Sealing

Having a criminal record can create significant barriers to employment, housing, and other opportunities. Fortunately, Illinois law provides certain options for individuals seeking to clear their records and move forward with their lives. An Illinois lawyer can help you discover which options may be available to clean up your criminal history.

Expungement

Expungement refers to the legal process of erasing a criminal record, effectively treating it as though it never existed. In Illinois, specific types of records are eligible for expungement, including:

• An arrest that did not result in a conviction

• Court supervision successfully completed for certain offenses

• Convictions for certain offenses committed as a juvenile

To qualify for expungement, you must meet specific requirements and file a petition. If granted, all records of your arrest, court supervision, or juvenile conviction will be destroyed, and you can legally state that you have never been convicted of a crime.

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 Posted on April 15, 2024 in Criminal Defense

Facing harassment charges in Illinois can be a scary and overwhelming experience. Whether you think the accusations are baseless or you have made an error in judgment, you must know your rights and take the right steps to protect your interests. An Illinois lawyer can help you with handling harassment charges.

What is Considered a Harassment Charge in Illinois?

According to Illinois law (720 ILCS 5/26.5-3), harassment occurs when someone engages in behavior they know or should know would cause emotional distress to a reasonable person. This includes persistent unwanted contact, threats, or the use of offensive language. The charges for harassment can vary from a misdemeanor to a felony, based on the seriousness and type of the behavior in question.

Gather Evidence and Documents

To build a solid defense, work with your attorney to gather all relevant evidence and documents related to your case. This may include:

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 Posted on April 08, 2024 in Traffic Violations

Reckless driving is a serious offense, carrying significant consequences for those convicted. It is crucial to understand the potential repercussions of a reckless driving charge and the importance of seeking legal representation. An Illinois lawyer can help you have a reckless driving charges and figure out the best step forward.

What is Considered Reckless Driving in Illinois?

Under Illinois law (625 ILCS 5/11-503), reckless driving is defined as operating a vehicle with intentional or reckless disregard for the safety of persons or property. This definition includes various behaviors, like extreme speeding, erratic lane changes, or risky actions that endanger others. It is crucial to recognize that reckless driving is separate from other traffic infractions, such as speeding or incorrect lane changes, due to the deliberate or reckless indifference to safety.

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