Posted on July 11, 2015 in Uncategorized

Around this time last year, the Illinois legislature was considering a measure aimed at helping job-seekers with an imperfect past overcome their mistakes. The bill was passed, and was eventually signed by then-Governor Pat Quinn, as Illinois joined the growing number of states and cities which have taken steps to aid those looking to create a better future. Known as a Ban the Box law, the measure went into effect on January 1, 2015, and has helped even the playing field somewhat for job applicants with a criminal history.

Provisions of Ban the Box

The law is officially called the Job Opportunities for Qualified Applicants Act and was passed as a result of otherwise qualified job-seekers being eliminated out-of-hand for available employment opportunities. There was nothing preventing an employer from asking early in the application process whether an applicant possessed a criminal history and using that information to automatically remove the applicant from consideration. As a result of the new law, however, an employer with 15 more employees may no longer pose such questions to an applicant so early in the process. The law does not preclude an employer from deciding not to hire individuals with certain offenses in their history, but the background check may not be initiated before the applicant is offered an interview or conditional employment. By forcing employers to look further into an applicant before conducting a background check, the law presumes that individuals deserving of a second chance are more likely to be hired based upon their qualifications rather than simply rejected due to their history.

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 Posted on July 11, 2015 in Uncategorized

Everyone makes mistakes. Some may be less serious than others, but nobody is perfect. Sometimes a momentary lapse in judgment can lead to criminal charges and, if and when that happens, you may be tempted to try to handle the situation on your own. However, no matter how insignificant the charges may seem, you need the help of a qualified lawyer to ensure your rights are fully protected.

Under Illinois law, criminal charges may range from Class C misdemeanors, including assault, disorderly conduct, and minor marijuana possession, up to Class X felonies and murder charges. Regardless of the seriousness of the charges, an attorney can help you in three primary ways:

Understanding the Process

The criminal justice system can be very confusing and stressful, particularly for a first-time offender who is unfamiliar with the process. Your lawyer can help you keep abreast of the progress of your case, remind you when your appearance is necessary, and take care of logistical details along the way. Even if you do not plan to fight the charges, an attorney can review any proposed agreements and ensure you are getting the best deal possible.

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 Posted on June 15, 2015 in Uncategorized

Legislation recently passed through both chambers of the Illinois legislature which would set the state’s first impairment standard for driving under the influence of marijuana. The bill, which looks to create an easily enforceable guideline for cannabis-related DUI arrests, now awaits the signature of Governor Bruce Rauner, who has not given an indication on his intentions for the measure.

Currently in Illinois, the law provides that an individual can be arrested for DUI or aggravated DUI with any trace of marijuana in his or her system, regardless of impairment. Those who have validly registered for the state’s medical cannabis pilot program were to be offered some level of protection from the zero-tolerance principle , but the program has yet to get fully underway. The current law falls short in increasing safe driving due to the fact that traces of marijuana can be found in a person’s blood for up to several weeks after use. This means that a driver can potentially be arrested for driving under influence even though he is totally unimpaired and the marijuana in his system is from ten days ago.

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 Posted on June 09, 2015 in Uncategorized

Several weeks ago, a Joliet man was found hiding the in rafters of a Mokena housing complex currently under construction and now faces charges of burglary. Police believe that the man, along with an accomplice who was found outside the complex, may have been looking to steal copper or tools, but that no stolen property was found in the possession of either individual. Both men have been charged with burglary in connection to the case.

What is Burglary?

Although related to other property crimes, burglary is not, of itself, the taking of property belonging to another. Instead, it more directly concerns a person’s unlawful gaining of access to another’s property or his or her presence in or on such property.

Under Illinois law , burglary is committed by a person who, without proper authority, enters or remains within a building, trailer, boat, aircraft, or vehicle with the intent of committing theft or another felony. The law also provides for the specific charge of residential burglary when the action is committed within a building or trailer which serves as a dwelling place.

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 Posted on May 08, 2015 in Uncategorized

With its gun control laws being among the strictest in the nation, the state of Illinois carefully monitors the application and registration process for gun owners. A recent change, however, was aimed at making the process more convenient for owners and dealers alike. Illinois residents looking to obtain a Firearm Owner’s Identification (FOID) card or a Concealed Carry License (CCL) are now required to utilize an online application system provided by the Illinois State Police (ISP).

New Online Process

Rolling out the changes earlier this year , the ISP and state authorities looked to streamline and modernize the application process. Previously, an online system was available for concealed carry applications, but required applicants to set up a digital ID through the state’s Department of Central Management Services. Meanwhile, FOID applicants were required to file paper forms.

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 Posted on May 01, 2015 in Uncategorized

It may seem like something that everyone is doing. Your friend says he knows a guy who can get you the perfect fake ID. You will be able to get into the cool clubs or buy beer—nothing too crazy. You are not going to drink too much or get into trouble or anything. You just deserve to have a good time, right?

Wrong

Possession of a fraudulent identification card, or fake ID, in Illinois is a crime, regardless of how it may be utilized. In addition, fake IDs are often used to facilitate underage drinking , which can also result in serious legal and criminal consequences.

Under Illinois law , a fraudulent identification card refers to an ID card of any type purporting to be official identification, “for which a computerized number and file have not been created by the Secretary of State, the United States Government or any state or political subdivision thereof or any other governmental or quasi-governmental organization.” Additionally, any such card which resembles an official ID card in size, color, print, or design is considered, for purposes of the law, to be a fake ID.

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 Posted on December 28, 2012 in Uncategorized

The winter holiday season is something many of us look forward to. We get together with friends and family to share special meals and often, a holiday cocktail or two. Oftentimes, people celebrating do not keep track of how many drink they have had. They end up driving home with a blood alcohol concentration (BAC) above the Illinois legal limit of 0.08 and are charged with driving under the influence (DUI).

While Christmas and the surrounding days are generally considered a family holiday, they are still linked with an increase in drinking and driving traffic fatalities. The number of traffic stops related to drinking and driving increases by over 30 percent on Christmas Eve. New Year’s Eve, which is known for partying and binge drinking, is an even more dangerous night to be driving. In fact, more than 42% of the traffic accidents on that day are a result of drinking and driving. It is especially bad in years that New Year’s Eve falls on a weekend.

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