Recent Blog Posts
Drug Distribution and Trafficking
Illinois has fairly strict laws about drug possession, distribution, and trafficking. The latter two are decidedly more serious, as one might imagine, but many become confused when dealing with the prosecution process. There are state and federal charges, with varying degrees of severity, and those unfamiliar with the law may have trouble determining which regulations apply to them and which do not.
Classifying Drugs
The Illinois Controlled Substances Act sets forth information on which drugs are classified under which schedule, and grants the state of Illinois the authority to reschedule any drug if it is rescheduled under the corresponding federal law. There are five schedules, with Schedule I including the most dangerous drugs and Schedule V listing the least dangerous.
There are a number of factors that go into federal and state authorities classifying a drug under a certain schedule, including but not limited to the potential for abuse, the degree to which the drug can be used for legitimate medical purposes, and potential long-range effect on individual and public health. This is relevant in terms of assessing distribution and trafficking offenses because public health is a concern. A drug may be is placed on a certain schedule due to widespread fear of abuse or belief in its potential to cause long-term effects, distribution or trafficking of the drug can cause significant harm to public health.
Collateral Costs of a DUI Conviction
A conviction on charges of driving under the influence (DUI) is likely to have costs that extend beyond fines, license revocation, and jail time. It can mean, among other things, ineligibility for federal welfare benefits, an increased possibility of deportation, ineligibility for reductions in car insurance rates, and mandatory alcohol education counseling. If you or someone you know is facing a DUI charge, it is essential to understand the full consequences of a conviction.
Compromised Civil Liberties
After two DUI convictions, any further conviction will be classified as a felony. A conviction for a felony offense not only means more severe sentencing requirements, but also the loss of civil liberties, such as the right to vote, the right to possess a firearm, and the right to get a passport. Some of these can be eventually restored but the process of doing so may be difficult and expensive.
Comparing Petty Theft and Felony Theft in Illinois
There are two basic types of theft one can be charged in the state of Illinois: petty theft and felony theft. One may sound less severe than the other, but both can have lasting implications for the accused. Learn more about these classifications of theft, their consequences, and what you can do to fight back against the charges.
Defining Theft in Illinois
The Illinois Criminal Code defines theft as intentionally or knowingly depriving an owner of their property. The includes all manner of theft, such as obtaining or exerting unauthorized control over an owner or their property, deceiving another to gain unauthorized control over their property, or using threat or force to obtain control over another’s property. One can also be charged with theft if they obtain or exert control over assets that they knew had been stolen—buying stolen goods, for example.
Finding the Right Criminal Defense Attorney
So, you have been accused of a crime; now what? First of all, remember that you have the right to remain silent. You do not need to speak to any police officer or other authority figure about anything relating to your case. Law enforcement officials are skilled at their jobs and have been known to manipulate facts to coax people into admitting guilt. Do not fall for this. Instead, it is vital that you seek the help of a skilled Illinois criminal defense attorney immediately. Criminal charges can be life changing and without assistance, you may find yourself facing severe legal, financial, and emotional consequences. It is important that you hire an attorney with the knowledge and skills required for your specific charges. Finding a quality attorney, however, can be tougher than it sounds, and it starts with asking the right questions.
Questions for Potential Attorneys
Choosing the right attorney could represent the difference between freedom or jail time, so it is important to take some time to review your potential options. Many people work with the first attorney they meet, but keep in mind that you have the power to find the best possible attorney for you, one who has the experience and knowledge needed to handle your case. Start by making sure that any potential candidates are members of the Illinois State Bar Association, and if you are in Chicago, the Chicago Bar Association. Typically, attorneys with questionable practices or backgrounds are not eligible for membership.
Fleeing From Police in Illinois
Fleeing from a police officer is one of the most serious traffic offenses in Illinois. If a police officer tries to pull you over but you do not cooperate, you could face jail time and suspension of your driver’s license, as well as a permanent mark on your criminal record.
Fleeing and Eluding
To convict a person of fleeing or attempting to elude a peace officer, the prosecution must show three things:
- That the offender was driving a motor vehicle;
- That the police officer gave the driver a visual or audible signal to bring the vehicle to a stop; and
- That the driver willfully failed to stop, increased speed, extinguished the car’s lights, or otherwise fled.
Willfully means that the prosecution must show that the fleeing was purposeful. If the driver fled or eluded the officer unintentionally, he or she cannot be convicted.
Statutory Suspension or Revocation of Your License for a DUI
Getting caught driving under the influence (DUI) can be a frightening experience. Knowing what to expect can help reduce some of the anxiety, but it can also give you the tools you need to develop a strategy. It is important to understand how the law works regarding the statutory suspension and revocation of a driver’s license for those who have been arrested on charges of DUI.
What Happens After the Arrest?
Once you are arrested for DUI, you must choose whether to submit to chemical tests or decline. If you decline, or if your results exceed the legal limits, the Illinois Secretary of State receives confirmation of your DUI arrest. From there, the agency sends you notification of the summary suspension/revocation. This is typically sent out within one to two weeks after they receive your test results or refusal to test.
When Does Your Suspension Go Into Effect?
Your suspension does not officially go into effect until the 46th day after your arrest. This gives you time to contest the suspension and potentially work to mitigate the consequences. If you do not contest the charges, then the suspension is automatic. Driving after that date can result in additional consequences, including charges for driving while on a suspended license.
Driver's License Reinstatement in Illinois
If you are convicted of a criminal offense—especially one related to driving—it is very common that the consequences may include the suspension or revocation of your driver’s license. Some offenses may even bar you from ever getting it back. Depending on the circumstances of the situation, you may be able to apply for its reinstatement, though the process can be complex.
Reasons for Revocation
Many people are surprised when their license is revoked or suspended because it can be done for reasons that have nothing to do with driving. The rationale is that driving is a fundamental privilege that many people take for granted, and taking a person’s license away may wake some people up, so to speak, prompting correct whatever has caused the suspension or revocation.
Some examples of offenses that can lead to your license being revoked or suspended include:
Driving on a Suspended or Revoked License
Learning that your driving privileges have been suspended or revoked in Illinois can be quite an upsetting occurrence – especially when it is a law enforcement officer who informs you of this fact during the course of a traffic stop. You may have had no idea that your driver’s license was suspended or revoked, yet you may be placed under arrest and charged with a misdemeanor or felony offense (depending on the number of times you have been convicted of driving while your license was suspended or revoked). What is more, restoring your driving privileges can be just as confusing as knowing how to address your criminal charges.
Discovering the Reason for Your Suspension or Revocation in Illinois
A "suspension" is a temporary cancellation of your driving privileges for a specific period of time or until a certain condition is fulfilled. A "revocation" is an indefinite cancellation of your driving privileges that may or may not be reversed.
License Suspension and BAIID Use
Most people who decide to get behind the wheel after drinking usually realize that what they are doing is illegal and dangerous. Awareness regarding the danger and irresponsibility of drunk driving has steadily increased since the early 1990s when many states began to launch serious campaigns to deter drunk drivers. Around the same time, police departments across the country focused their efforts on cracking down on drunk driving offenses.
Unfortunately, however, the problem of driving under the influence has not, in any real way, been eradicated. The numbers, in fact, tend to fluctuate with no discernable pattern from one year to the next. In 2012, for example, there was a significant increase in the number of fatalities resulting from drunk driving, that after 2011 when the death toll fell below 10,000 for the first time.
Reaction to Rising Death Numbers
That year saw a 3.3 percent increase in fatalities, causing some activists to call for ignition interlock devices to be installed in the car of every convicted drunk driver across the country. In Illinois, a person convicted of drunk driving may apply for driving relief during the period of statutory license suspension and choose to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his/her vehicle. If a person convicted of drunk driving qualifies for the program and has the BAIID installed in his vehicle, there are no other stipulations regarding his driving rights. He or she may drive anywhere at any time and is allowed to travel, even interstate, providing that the BAIID is installed and functioning properly.
Underage Drunk Driving and Fake IDs
Using a fake identification card and underage drinking and driving are offenses that often go hand-in-hand. While fake IDs are not always the cause for underage, intoxicated drivers behind the wheel, they significantly increase the number of young drivers able to obtain alcohol, more easily enabling them to drive after they have been drinking. Whether you have been involved in the distribution or carrying of an illegal ID, or have simply used your personal identification to purchase and distribute alcohol to someone under the legal drinking age, you are at risk for a variety of penalties under Illinois law.
Penalties for Possessing and Using a Fake ID
If you are caught using a fake ID, you will face the loss of your driving privileges for up to one year. Additionally, you can be convicted of a Class A misdemeanor or a Class 4 felony if you do any of the following:
- Lend someone your license;
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