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
Everyday Identity Theft: Three Common Forms of Credit Card Fraud
Identity theft , in all of its various forms, is an increasingly growing problem all across the nation, causing consumers and business owners alike to sit up and take note of such troublesome trends. CBS News announced that in 2014 alone, IBM reported that more than one billion records containing personal information were leaked. Additionally, identity theft was the number one complaint to the Federal Trade Commission in 2014 and continues to be a major complaint year after year.
Are You Guilty?
With identity theft cases on the rise, more and more victims are speaking out in order to protect their money, credit, and reputation. Credit card theft is especially prevalent, and it comes as a surprise to many that serious credit card theft is not limited to seasoned criminals. In fact, many people unknowingly commit credit card theft or merely blur the lines with their actions with the hopes that a few little white lies won’t actually count as credit card theft. If you have ever even vaguely wondered if your credit card use is legally permissible, chances are you may be guilty of some form of fraudulent activity.
Illinois Felony Punishment Breakdown
Are you facing felony charges ? A felony is any crime that is punishable by at least one year in an Illinois state prison. Misdemeanor charges, on the other hand, include a prison sentence of a year or less, depending on the severity. If you are facing felony charges, it is important that you consult an experienced criminal defense attorney. With prison time and hefty fines on the line, a guilty verdict can be life changing.
Under Illinois law , felonies are categorized based on the severity of the crime committed. In general, the less serious the crime is, the less severe the punishment is likely to be. Felonies are broken up into five categories - Class 1 through 4 felonies, followed by Class X, which includes the most severe crimes one can commit aside from first degree murder. If you are facing felony charges, an experienced criminal defense attorney can help determine which class of felony you are being charged with and can help you build as best a defense as possible. Below, we break down the punishments associated with each class of felony in Illinois.
Illinois Decriminalizes Low-Level Marijuana Possession
A recent study by the American Civil Liberties Union and Human Rights Watch included some staggering statics about drug possession charges. According to the study, every 25 seconds, a person is arrested for a drug crime. The rates of arrest for possession or use of drugs has increased dramatically since President Nixon’s “War on Drugs” press conference in June of 1971. A significant portion of arrests made since then has been for marijuana possession. In fact, according to the Washington Post , marijuana-related arrests occur more often than all arrests for violent crimes combined.
Growing Problems
The high rate of non-violent drug crime arrests has led many around the country to question the effectiveness and the necessity of such drastic measures. Prison overpopulation has become a major concern in many states, including Illinois. Observers and advocates for change point out that those convicted of non-violent drug possession offenses continue to take up prison space that could be used to house more dangerous, violent offenders.
Diverting Your Criminal Case to a Specialty Court: Are You Eligible and Should You Agree?
In Illinois, some criminal charges can be diverted to a specialty court. These alternative solutions —also known as diversion court—give you the chance to prove to the courts that your mistake was just a one-time occurrence. As long as you successfully complete the terms of your diversion, the criminal charge does not go on your record. Unfortunately, not everyone is eligible for this option, and even those that are should carefully consider whether or not diversion is the right choice for their situation. The following information can help in making that decision.
Types of Diversion
Through diversion court, the justice system attempts to address the core issue behind a defendant’s criminal offense. This is why there are different types of diversion court; each is meant to deal with a specific issue. Those that are currently available in Illinois include:
- Traffic court diversion;
- Mental health specialty court;
- Veterans’ specialty courts;
Felony DUI in Illinois
Illinois has one of the strictest DUI programs in the nation. The laws are so strict, in fact, that many who are arrested for a DUI are caught off guard when they learn that their DUI charge is a felony instead of a misdemeanor offense. Do not let this happen to you! Learn what constitutes a felony DUI in Illinois, and how you may be able to protect yourself from the consequences of conviction.
Third Offense Equals a Felony
According to Illinois law, a person’s first and second offense DUI convictions are usually considered Class A misdemeanors. The third offense is considered a Class 2 felony. Consequences include a 10-year revocation of your license, suspension of your vehicle’s registration, administrative penalties, and the possibility of up to seven years of jail time. Some are offered a 48-month probation, but anyone with a BAC of 0.16 or higher receives a mandatory 90-day jail term upon their conviction. It should also be noted that any arrest after the third DUI conviction will result in a felony charge. However, penalties will be greater for subsequent convictions. For example, those convicted of their fourth DUI are subject to permanent loss of their license and vehicle registration.
Incarceration in America
Did you know that the United States has the highest incarceration rate in the world? According to recent data, there are currently over 2.2 million people in prisons and jails across the nation, some serving short sentences and some facing life in prison. For every 100,000 people in America, there are 698 in jail or prison. Compare that with other developed nations, like Australia, where 151 people per 100,000 are incarcerated, or France, where 100 people per 100,000 are incarcerated, and it is clear that the United States has a major problem. How did America’s incarceration rate grow to be so high? Is more crime being committed here? What is being done to lowering prison populations? How does Illinois’ prison data compare to elsewhere in the country? Below, we explore incarceration in America.
Why Are So Many People Incarcerated?
According to the Sentencing Project, a nonprofit organization advocating for an improved criminal justice system in America, the incarceration rate in America has seen a 500 percent increase in just the last 40 years. Why the increase? Advocates say that the problem is not more criminals, or more crime being committed, but rather a harsher criminal justice system. Policy changes have led to a “tough on crime” mentality that has remained since its adoption in the early 1980s at the start of the War on Drugs. In 1980, 41,000 people were in jail or prison due to drug related charges. In 2014, that number jumped to nearly half a million. Additionally, the number of people in jail or prison for property or violent crimes has also increased substantially, even during times where crime rates have dipped. In addition to sending more people to prison, sentences have grown increasingly harsh. Laws have been put in place requiring a mandatory minimum sentence and parole has been cut back, leading to an increase in prison populations. Also, life sentences have risen significantly. Currently, one in nine people in prison are serving life sentences, and nearly a third of them have been sentenced to life in prison without parole.
Facing Domestic Battery Charges: Three Actions that Can Damage Your Case
When you are facing domestic violence accusations of any kind, the potential consequences are grave, especially if you lack the proper knowledge and legal representation necessary to defend your case. Whether you are indeed guilty of committing a domestic violence crime or you feel you are being unjustly accused, the moment you are at risk for being charged, your behavior from that moment on has the power to influence your case.
Domestic Battery Defined
According to Illinois law, you have committed domestic battery if you have knowingly, without legal justification, caused bodily harm or made physical contact of an insulting or provoking nature against a family or household member. The state considers domestic battery a Class A misdemeanor, but if you have prior convictions on your record and are arrested, you may face an upgraded Class 4 felony charge. In short, if you have interfered with someone’s freedom in any way by threatening, harassing, or physically hitting them, you have broken the law.
Subsequent Drug Charges Are a Serious Matter in Illinois
A Davenport man with two former drug convictions on his record is now facing a new criminal drug charge. Because he has had two convictions in the past, and because he was on probation at the time of his most recent arrest, he is likely to face even higher penalties if convicted. Unfortunately, it is a situation that anyone with a criminal record could find themselves in, even if they have done little or nothing to deserve further prosecution.
A Criminal Record Can Hurt You in Future Arrests
Research shows that more than 2,000 people have been wrongfully arrested and convicted over the last 23 years. But this estimate, which is likely on the conservative side, only includes those who were exonerated of their crimes. There are still others sitting in prison for a crime they never committed. Unless and until their cases are successfully appealed, their information may not ever make it to a national database.
Collateral Consequences of a Felony Conviction in Illinois
When facing a possible felony conviction, most defendants automatically turn their thoughts to the time they stand to serve in prison. This is an understandable reaction. However, there are consequences that extend well beyond the term of your sentence. In fact, a felony conviction – be it for sexual assault, first degree murder, or a felony drug crime – can follow you for the rest of your life. If you are facing felony charges in the state of Illinois, understand what these collateral consequences are, and how you can most effectively protect yourself against them.
Employment Opportunities
A felony conviction goes on your permanent criminal record. This bars you from certain professions – at least 118 of them, according to the Illinois General Assembly Legislative Research Unit. A study from the National Institute of Justice also indicates that you are 50 percent less likely to receive a call back on almost any other job if you have a felony conviction on your record. With all of these employment restrictions, it can seem impossible to find a job that adequately supports you and your family after you have completed your prison term.
Reasonable Grounds for Charges of Aggravated Assault
When you are accused of aggravated assault, it is understandable that one of your very first concerns may be whether or not you are being justly accused. Does the arresting officer really have the right to take you into custody? Are the grounds for your arrest truly reasonable, or are they somewhat questionable? These questions depend greatly on the nature of the accused crime. If you are facing aggravated assault charges, it is important to know where you stand, and one of the best ways to educate yourself is by reviewing the Illinois state laws that govern such charges.
What the Law Considers Reasonable Grounds
In general, when a person commits an act of conduct without lawful authority and is aware that it places another person in harm’s way, the law considers the action to be an assault. The law states that if you place another person in reasonable apprehension of receiving a battery, it is a Class C misdemeanor. Aggravated assault is a more serious form of assault, which may include the use of a weapon.
