Recent Blog Posts
Six Compelling Reasons to Seek Expungement of Criminal Records in Illinois
In Illinois, depending on whether you qualify, you can have criminal arrests expunged from your criminal record and other public data. To qualify, you and your crime(s) must meet specific and stringent requirements for expungement. For instance, in order to qualify for an expungement, you must not have been tried or convicted despite being arrested. Criminal offense convictions and major traffic offenses, among other charges, would preclude you from expungement. Regardless, if you are able to get an expungement, here are some of the greatest benefits of doing so.
Why You Should Get an Expungement in Illinois
Essentially, getting an expungement will prevent the public from catching a glimpse of your prior adverse interactions with the law. By expunging certain criminal arrests, you enable yourself to have a better future. For instance, in seeking and receiving an expungement, you will improve your life situation in all the following ways:
How Can I Fight a Construction Zone Ticket in Illinois?
Construction zone tickets are not just any usual traffic violation ticket; since these types of traffic violations involve the safety of construction workers, they often carry with them steeper penalties and fines. However, getting one of these tickets does not mean you must accept the consequences without question or litigation. There might have been legitimate reasons why you were unable to follow the rules of the construction zone, or maybe the government itself did not properly handle administering the penalties. No matter what your circumstances, here are some of the most common strategies for fighting a construction zone ticket.
Three Common Strategies for Fighting a Construction Zone Ticket
With the right lawyer, strategies like these can be used to successfully defend you against a construction zone ticket.
Prove the Government Did Not Properly Handle Administration of the Penalty: If for some reason the ticketing process did not go as smoothly as it usually does, the authorities might not have handled it correctly. In those cases, much like criminal defense cases, procedural errors can help you defeat these tickets. Examples of the authorities’ failure to comply with their own rules of ticketing include:
What Are Your Rights in Illinois Traffic Court?
Even though a traffic offense may require you to attend traffic court in Illinois, you still have a range of rights that you should use to your advantage. Regardless of the charges you face, a skilled traffic offense attorney will not only help you understand your rights but how they apply in your case. With the right knowledge and preparation, you have the best chance of limiting or dismissing charges altogether.
Your Rights and Illinois Traffic Courts
A simple view of Illinois traffic court is that a person charged with a traffic violation must appear before a court to appeal their case. Although this is partially true, it does not present the full picture and all of the tools at your disposal.
When you appear before a traffic court, you have the right to an attorney. To be represented by an attorney, you must be charged with a traffic offense that could result in imprisonment. Even if you cannot afford an attorney, the court will appoint you one if you face charges of this magnitude. To have the court assign you an attorney, you must prove financial hardship by sharing
New License to Work Act Takes Effect In Illinois
Thousands of drivers who have had their license suspended or revoked in Illinois can benefit from a new Illinois law that took effect recently: the License to Work Act. Governor JB Pritzker signed the bill into law at the start of the year, but it took effect on July 1. The law protects people who have unpaid tickets, fines, and fees. If you are trying to determine how to get your license reinstated or have more questions regarding your rights as a driver in Illinois, seek legal counsel from a criminal defense attorney with experience in representing clients in traffic violation and license reinstatement cases.
License to Work Act
The License to Work Act focuses more on repealing Illinois laws that are neither beneficial to drivers nor the State. Until July 1, 2020, having too many unpaid tickets, fines, and fees could result in a license revocation or suspension. This had a negative effect on tens of thousands of Illinois residents who lost their driving privileges for relatively inconsequential offenses. The original law was designed to prevent the State from losing too much revenue due to unpaid fines, but this strategy proved ineffective, as drivers both lost their licenses and still opted to leave tickets unpaid for financial reasons. This promoted a cycle that forced many residents who need their license to drive to work to suffer even further economic hardship.
Are There Any Laws That Provide Governmental Oversight for Firearms Dealers in Illinois?
It is still legal to own a firearm in Illinois, but it is essential to know how Illinois gun laws are changing to avoid any gun charges. In a recent effort to curb shootings, Governor J.B. Pritzker signed a new gun control law that provides more regulation for firearms dealers. The specifics of the law have widespread ramifications. If you face weapons charges for unlawful possession or use of a firearm, speak with a criminal defense attorney in your area as soon as you can.
2019 Firearms Dealer Regulation Legislation
Very early in Governor J.B. Pritzker’s tenure, he signed a bill into law that provided more oversight for Illinois firearms dealers. This was intended to be the first step of many towards more rigorous gun control in Illinois. The legislation that passed made it illegal for any retailer to sell weapons without certification from the state. Any weapons dealer intending to legally sell firearms under the new law would need a license from the Federal Burea of Alcohol, Tobacco, Firearms, and Explosives. Also, retailers must provide a copy of their license to the Illinois State Police. To top it off, all dealers must maintain a detailed electronic inventory, require all employees to undergo training annually, and have surveillance and anti-theft equipment throughout their store.
What Is a FOID Violation in Illinois?
Any Illinois resident who wishes to own a firearm legally must have a valid Firearm Owners Identification (FOID) card. Even if someone does not use a firearm in any way, they still risk penalties for either not having a FOID or invalidating its terms. If you face weapons charges or need to fight any accusations that you illegally possess a firearm, speak with a criminal defense attorney with experience in Illinois weapons law. Weapons charges and FOID penalties can be harsh, so you will want to lessen or avoid them at all costs.
Illinois FOID Violations
Gun laws vary from state to state, so if you are not familiar with Illinois’ gun laws, study them thoroughly before getting a weapon or applying for a FOID card. It may go without saying, but if a FOID cardholder uses a firearm illegally, the police will revoke their card. Also, that cardholder will have to disclose the serial numbers of any firearms that they own.
However, there are other ways someone could violate the terms of a FOID, such as:
Now a Felony to Assault a Worker Enforcing Mask Policies in Illinois
Since there is no federal mandate for masks or social distancing to help combat the coronavirus, states are taking their own approach. Many, including Illinois, have opted for a mask mandate that requires people to wear cloth masks in public. Despite this mandate, police have no real way to enforce such mandates. The burden of enforcing these rules has fallen primarily on retail workers, who have the power to deny service and remove customers from a business if they refuse to comply.
As a result, many individuals around the country have assaulted such workers. Some states have not taken any steps to provide any additional protections for essential workers, but Governor Pritzker recently signed a bill into law allowing prosecutors to charge those who assault workers for upholding mask bans with a felony.
Assaults on Workers and Felony Charges in Illinois
To be more specific, assaults on workers who are enforcing mask or social distancing policies can be punished with aggravated battery felony charges. Before this new law, ordinary battery charges were only considered misdemeanors. Such an offense was punishable by up to a year in prison and fines up to $2,500. By elevating the unique case of coronavirus-related assaults to a felony, punishments become steeper. A felony can be punished by up to five years in prison and as much as ten years if the defendant has a criminal history. Also, these prison sentences can be paired with fines of up to $25,000.
Handling False Accusations of Domestic Violence in Illinois
Overall, the broadening of domestic violence laws and resources has helped victims throughout the U.S. However, that does not mean that there are not people who make false accusations of abuse. If someone falsely accuses you of domestic violence, you should take the possible conviction seriously and develop an aggressive defense with a trustworthy domestic violence attorney.
Although domestic violence usually implies an abusive relationship between spouses or people in an intimate relationship, Illinois law expands that definition to include more potential victims. The Illinois Domestic Violence Act states that the following parties can make domestic violence claims:
- Family members related by blood
- People who are married or used to be married
- People who share or used to share a home, apartment, or other common dwelling
- People who have or allegedly have a child in common or a blood relationship through a child in common
The Complexities of Marijuana Expungements in Illinois
At the beginning of 2020, Illinois legalized recreational marijuana for adults and vowed to expunge marijuana charges from criminal records. Not all marijuana convictions will be expunged or sealed, but you can expect the following:
- Cases involving 30 grams of cannabis or less are eligible for automatic expungement.
- People can petition to have felony charges involving 30-500 grams of cannabis expunged. These requests will depend on prosecutor approval.
- No offenses involving over 500 grams of cannabis will be expunged under the new provisions.
Unfortunately, this will not happen overnight. It is such a complex procedure that officials can only provide optimistic estimates of when they expect all eligible records to be expunged.
Complications arise when marijuana charges are connected with other felonies or misdemeanors when those convicted in the past have moved in the time since a court issued their charges, and when the paperwork involved is handled by multiple government agencies.
What Is the Traffic Violation Point System in Illinois?
There is a wide range of traffic offenses in Illinois, and they all result in penalties of some sort. To determine how severe a punishment a particular offense warrants, the Illinois DMV uses a "point system" to grade an offense. To understand how penalties are issued for traffic offenses in Illinois, you should take a closer look at this point system. If you ever face charges for traffic offenses, seek the guidance of a skilled and reliable traffic offenses attorney.
Illinois Traffic Offense Point System
The Secretary of State's office divides traffic offenses into three categories:
- Immediate action: This is an immediate suspension or revocation of a driver's license.
- Non-point assigned: These do not directly result in punishment but can be used with other circumstances. For example, if a driver commits a non-point assigned offense while their license is suspended, a penalty may follow.
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