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IL defense lawyerIt 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.

For a store to receive a certification, they must pay a fee of no more than $1,500. If a seller does not have a physical retail location, they must pay $300.

The rationale behind this legislation is that although there is federal regulation over the sale of firearms, proponents of the bill argue that federal regulators do not have the resources to monitor every seller in Illinois as thoroughly as state agencies can. An essential goal for regulators is to not just prevent illegal gun purchases but to avoid straw purchases, where someone buys a gun from someone who would not be able to do so legally.

In theory, Illinois gun control efforts may progress over the next few years. Stay abreast of any changes so that you do not find yourself possessing a weapon illegally.

Contact an Elgin, IL Criminal Defense Attorney

Convictions for weapons charges span over a range of punishments. Regardless of the charges you face, you stand a better chance at decreasing or eliminating them by working with an Elgin, IL criminal defense attorney. Call The Law Office of Brian J. Mirandola to learn more about how an experienced attorney can help you prepare your defense. To schedule a free consultation, call today at 847-488-0889.

 

Source:

https://www.governing.com/topics/public-justice-safety/tns-firearms-dealers-illinois-pritzker.html

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Posted on in Weapons Charges

IL defense lawyerAny 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:

  • An order of protection is filed against them
  • Domestic violence conviction
  • Felony conviction
  • Mental health issues
  • FOID card past the expiration

Not all of these violations carry the same weight, and they are accompanied by different penalties that can range from misdemeanors to felonies. Unlawful use of a weapon (UUW) charges can be misdemeanors if the circumstances are minor. For example, if someone carries a weapon illegally, but it is not loaded, they may only be subject to a misdemeanor. Class A misdemeanors in Illinois are punished by up to one year in jail and a $2500 fine.

Aggravated UUW charges do not only result from someone using a firearm. If someone possesses a loaded gun without both a FOID card and a Concealed Carry Permit, a court may convict them with an Aggravated UUW charge. Aggravated UUW is a Class 4 felony in Illinois, and they can result in one to three years in prison.

Contact an Elgin, IL Criminal Defense Attorney


Weapons charges or FOID violations have a wide range of consequences, and regardless of the circumstances in your case, you will benefit from working with an Elgin, IL criminal defense attorney. At The Law Office of Brian J. Mirandola, we can offer you a free consultation to see how our years of experience can significantly benefit your defense. To schedule, call 847-488-0889 today.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39



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IL defense lawyerSince 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.

Claiming Self-Defense to Fight Assault Charges

A common strategy for defendants and their attorneys is to argue that the defendant acted out of self-defense. However, to successfully win a case by claiming self-defense, any action the defendant took must have been reasonable. For example, if someone threatens a defendant and the defendant reacts with an action far more severe than the original threat, a self-defense argument may not be plausible.

Contact an Elgin, IL Defense Lawyer

Assault is a criminal offense that carries strong penalties. If you are charged with assaulting a worker for upholding medical policies, you should work closely with an attorney who has a wide breadth of experience defending clients from criminal charges in Illinois. To work with an Elgin, IL criminal defense attorney, schedule a free consultation with The Law Office of Brian J. Mirandola by calling 847-488-0889.

 

Source:

https://www.usatoday.com/story/news/nation/2020/08/11/illinois-coronavirus-assaulting-worker-enforcing-face-masks-felony/3342856001/

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IL defense attorneyOverall, 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
  • People who are dating or engaged or used to date, including same-sex couples
  • People with disabilities and their personal assistants

If a vengeful spouse or partner falsely accuses you of domestic violence, they might be doing so to gain full parenting rights or a larger share of marital assets. Although it can be difficult for someone to make false allegations of domestic violence without much evidence, defending against them can be just as challenging due to a potential lack of witnesses.

First Steps Towards Defending Against False Accusations

Typically, when someone makes a domestic violence claim in Illinois, a court will issue an Order of Protection that restricts the ways the accused can interact with the alleged victim. Regardless of how you feel about an Order of Protection being levied against you, it is essential to carefully abide by the restrictions specified. If you show anger or frustration with the OOP, a court might lean towards ruling in favor of the accuser.

Even if the Order of Protection was filed on false accusations, you could still face criminal penalties for failing to abide by it. An OOP also requires you to attend various hearings: attend these or risk being punished. In the meantime, find any witnesses and work closely with your attorney to overcome false domestic abuse claims.

Contact an Elgin, IL Domestic Violence Attorney

Domestic violence charges are not to be taken lightly. You should treat them as such by seeking the help of a seasoned Elgin, IL domestic violence attorney. Call 847-488-0889 to schedule a free consultation at The Law Office of Brian J. Mirandola. Our experience helping clients fight domestic violence charges will prove immensely helpful when developing your defense.

 

Sources:

https://illinoisattorneygeneral.gov/women/victims.html

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

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IL defense lawyerAt 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.

If you have a marijuana offense on your record and you are eagerly awaiting expungement, it can help to speak with an attorney who has a deep understanding of Illinois criminal defense and drug crimes.

Delays in Marijuana Expungements

The Illinois State Police are supposed to expunge all eligible cases since 2013 by January 2021 and all oldest cases by 2025. Records connected with other felony charges will not be expunged, and police departments are pushing for assurance from the Illinois government that felony records will not be mistakenly destroyed in this process, which then could slow this process.

To make matters more complicated, not all Illinois counties are approaching expungements with the same resources or enthusiasm. Kim Foxx, Cook County State’s Attorney, has partnered with the nonprofit Code for America to develop software that will help sift through criminal records to find any that are eligible for expungement. Governor J.B. Pritzker has expressed his drive to wipe minor marijuana charges from records to give people with past convictions more job opportunities and better chances of buying a home.

Contact an Elgin, IL Criminal Defense Attorney

Although thousands of marijuana charges in Illinois are set to be expunged, many people might not see the results they hope for until 2025 or later. To develop a better understanding of how your criminal record affects your opportunities and how to ensure that any minor marijuana charges are expunged from your record, reach out to The Law Office of Brian J. Mirandola. Schedule a free consultation with an Elgin, IL criminal defense attorney by calling 847-488-0889.

 

Source:
https://www.chicagobusiness.com/crains-forum-cannabis/many-even-automatic-clearing-marijuana-records-could-be-complicated

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