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elgin traffic lawyerThe Illinois Secretary of State Jesse White issued an announcement this week reminding drivers in the Land of Lincoln that you can replace your damaged license plates for no cost. 

White explained his office launched the defective plate replacement program to ensure older license plates with greatly diminished reflectivity are replaced. “When license plates are unreadable, It poses a safety concern for the vehicle owner, other drivers, and law enforcement,” he said. 

With nearly 9 million registered passenger vehicles in Illinois, replacement plates will be offered to registrants with older plates first. This year, the Secretary of State is replacing license plates manufactured in 2008 and 2009. Additionally, drivers can report lost or damaged tags by phone or online. 

The replacement plate program, which costs taxpayers nothing, started in 2017 and is expected to take until 2027 to complete. Once it is completed, however, the government plans to renew the program every 10 years in order to keep passenger vehicles up-to-date. 

Of course, in the announcement, White also reminded you that if you do have a damaged plate (and opt not to upgrade), you could be stopped for a traffic violation and a fine. 

Illinois License Plate Laws

The Illinois Vehicle Code defines all the matters related to how you should display your vehicle registration and how often. A missing license plate is a big red flag for most police officers and gives them immediate probable cause to pull you over. If you are ticketed for a registration display violation, you could be fined $164. 

Under Illinois law, you, as an Illinois resident, must display registration plates on the front and back of your vehicle. The registration must either be the standard metal plate or you could use digital registration plates. Additionally, if you have a lost, damaged, or stolen license plate or registration sticker, you must report it to the Secretary of State and immediately apply for another, according to state law. 

You might be asking yourself, “What does a damaged license plate look like?” Well, it is really up to the discretion of the officer, but a good rule of thumb is if you cannot make out the registration numbers, your license plate is damaged. 

Contact a Kane County Traffic Attorney

If you have been ticketed for a registration violation or some other traffic infraction, contact an Illinois traffic attorney for help. Brian J. Mirandola has spent his entire decades-long career serving the suburbs of Chicago. Contact the Law Office of Brian J. Mirandola today by calling 847-488-0889 for a free consultation. 

 

Sources: 

https://www.ilsos.gov/news/2021/september/210913d1.pdf

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K3-413

 

https://ilga.gov/legislation/ilcs/documents/062500050K3-417.htm

 

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elgin defense lawyerIllinois Gov. JB Pritzker signed legislation last month expanding Scott’s Law, a traffic law that requires drivers to move over and slow down when approaching an emergency vehicle stopped on the road. The governor said the three bills he approved will provide first-responders with “the protection and resources they need to make their work safer.”

Scott’s Law

Illinois lawmakers wrote Scott’s Law, also known as the “move over” law, in 2001 after Chicago firefighter Scott Gillen was hit by a car while responding to an accident and later died of his injuries. The driver failed to slow down or drive cautiously around the crash site despite efforts by first-responders to protect the scene. 

Scott’s Law allows authorities to prosecute drivers who fail to drive with care around emergency vehicles when emergency lights are on. Penalties vary if you are convicted of violating Scott’s Law, but they increase if you damage property, injure or kill someone, or are found to be impaired. You could be fined up to $10,000 and lose your driving privileges for up to two years. 

According to the Illinois State Police report, law enforcement issued more than 5,800 citations for Scott’s Law violations in 2019. That figure increased by about 705 percent from the year before because of the formation of the Move Over Task Force, which prioritized Scott’s Law enforcement. 

Scott’s Law Expansions

Last month, three measures were signed into law: Senate Bill 1913, House Bill 3656, and Senate Bill 1575. They are slated to go into effect on Jan. 1, 2022, except for SB1575, which goes into effect immediately. 

Senate Bill 1913

SB 1913 expands penalties for Scott’s Law violations. The measure permits the court to order community service as a form of punishment.

House Bill 3656

HB 3656 does a few things. First, it makes using a cell phone while driving through an emergency zone an aggravating factor. Second, it adds specific language to Scott’s Law detailing how you should respond as you approach an emergency scene on the road. 

Lastly, it creates the Move Over Early Warning Task Force to study how to better educate drivers about navigating emergency zones. The task force is supposed to report its findings in early 2023. 

Senate Bill  1575 

SB 1575 aids first responders by creating an online resource page, which will contain a collection of mental health resources. The list will include services that assist in everything from wellness to trauma to suicide prevention. The Illinois Department of Human Services will lead the effort. The page’s target launch date is January 2022. 

Contact an Aurora, IL Traffic Violations Attorney

If you think you have been wrongfully cited for violating Scott’s Law, contact an experienced Illinois traffic lawyer. Brian J. Mirandola has been offering his legal services to DuPage County for more than 20 years. Call 847-488-0889 for a free consultation with the Law Office of Brian J. Mirandola. 

 

Source:

https://www.illinois.gov/news/press-release.23708.html

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

https://www.wqad.com/article/news/illinois-state-police-see-major-spike-in-scotts-law-violation-citations/526-9aae3100-8b5d-48f3-ba4c-9580f8d4f519

 

https://isp.illinois.gov/StaticFiles/docs/Directors/LegislationNPublicNotice/Move%20Over%20Task%20Force%20Report%20FINAL.pdf

 

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 illinois criminal defense lawyerIllinois Gov. J.B. Pritzker signed a package of bills into law last month that expanded the rights of domestic violence survivors. Lawmakers say the measures were designed to strengthen domestic violence laws in the state as well as improve financial and emotional support for survivors. The governor said the package makes Illinois “safer and more compassionate” as it “unlocks opportunity” for survivors. 

Seven Bills Addressing Domestic Violence in Illinois

The first bill, House Bill 3582, expands the Illinois Victims’ Economic Security and Safety Act, or VESSA. The law was originally designed to provide financial help and safety for violent crime victims. Under the revised VESSA, employers are prohibited from discriminating against domestic violence victims and victims may take up to 12 weeks of unpaid time off from work. The legislation also redefines who qualifies as a “household or family member.” HB 3582 is scheduled to take effect on January 1, 2022. 

House Bill 3223 provides new support to students who are survivors of sexual abuse or gender-based violence, parents, and parents who are expecting. Measures include:

  • Requiring schools to have at least one trained staff member to respond to domestic or sexual violence or gender-based harassment. 

  • Protecting student privacy with new confidentiality procedures and limits the questioning of survivors to trained professionals. 

  • Allowing students to be excused from school due to domestic or sexual violence.

  • Establishing a “Success in School Task Force” to create and amend school policies so they are survivor-centric. 

  • And, requiring schools to review and revise all existing policies and procedures so students can report incidents easier. The review must take place before July 1, 2024, and be followed up every two years after. 

House Bill 3484 was written to support individuals with a limited income to obtain the services of a lawyer during a divorce. Specifically, by requesting the opposing party pay for it. This takes effect on January 1, 2022. 

House Bill 3485 creates a Hope Card program, which publishes order of protection data on easy-to-read cards. This begins January 1, 2022. 

Senate Bill 920 creates the Illinois Forensic Science Commission to improve communication and coordination between the government and victims and stakeholders. It goes into effect immediately.

House Bill 3317 creates the Domestic Violence Taskforce Act, which creates a team to review domestic violence laws and make recommendations to improve them. It goes into effect immediately.

Senate Bill 685 creates the Domestic Violence Fatality Review Commission, a 20-panel committee scheduled to meet quarterly and produce a biannual report for lawmakers. It takes effect immediately. 

Contact A Kane County Domestic Violence Defense Lawyer

Domestic violence incidents are considered a serious matter, so any accusation could have severe consequences, including criminal penalties. If you have been charged with domestic violence, contact an experienced Kane County domestic violence attorney for legal support. Brian J. Mirandola has spent his entire legal career working in criminal law and he is ready to put this experience to work for you. Contact The Law Office of Brian J. Mirandola today to schedule a free consultation. Call 847-488-0889.

 

Source:

https://www.illinois.gov/news/press-release.23774.html

 

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elgin defense lawyerSexual assault allegations can have a detrimental impact on personal and professional relationships, even when they are false. Individuals who face this type of accusation should act quickly to protect their rights and their future. If you or a loved one are facing accusations of sexual assault or other sex crimes, it is important that you work with a criminal defense attorney who can dispute the charges and possibly get them reduced or dismissed. 

What Constitutes a Sexual Assault Charge?

Sexual assault occurs when one individual commits a penetrative sexual act against another person without that person’s consent or capacity to provide consent. This type of assault includes at least one of the following elements:

  • Force is used or threatened 

  • Awareness that the victim lacks the ability to give consent

  • The accused individual is a family member of the victim and the victim is a minor

  • The accused is at least 17 years of age and is in a position of power or trust over the victim, and the assault victim is between the ages of 13 and 18 years old. 

Included in sexual assault is statutory rape, which is when an adult has sex with a minor. Under Illinois law, minors cannot legally give consent. 

Because this type of assault often takes place in private,  trial proceedings are often complicated due to opposing perspectives of the events. 

What Are The Consequences of a Sexual Assault Conviction?

Illinois does not take sexual assault charges lightly. An individual convicted of criminal sexual assault can receive prison time upon conviction ranging from four to 15 years. This is a Class 1 felony which may also result in a fine of up to $25,000. If this is the perpetrator’s second offense, it will be classified as a Class X felony resulting in 30-60 years imprisonment. Alternatively, aggravated criminal sexual assault may result in a penalty of 6 to 60 years of prison time and a maximum fine of $25,000. 

It should also be noted that anyone convicted of sexual assault will be required to register as a sex offender. Other instances that require this registration include aggravated sexual abuse, indecent solicitation of an adult, and three or more convictions of public indecency. 

Contact Our Elgin, IL Sex Crime Defense Attorney

Sexual assault, along with other sex crimes, is a very serious accusation that carries very heavy penalties if a conviction arises. If you are facing charges of sex crimes including sexual assault, rape, and sexual abuse it is important to connect with a Kane County sex crimes attorney who can provide proficient representation and collect proper evidence to fight your case. Contact The Law Office of Brian J. Mirandola to schedule a free consultation by calling 847-488-0889.



Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.50

 

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Posted on in Criminal Defense

elgin defense lawyerWhen an individual steals or damages another person’s property, they have committed a property crime. Property crime is a large umbrella encompassing offenses such as theft, arson, burglary, and vandalism. Property crimes can be very serious, especially when violence is involved. If you are facing property crime charges, it may be in your best interest to work with a criminal defense attorney who is familiar with these cases and will be well equipped to handle the impending criminal charges. 

Types of Property Crime

Property crimes include offenses that involve interference with another party’s property. Many property crimes are accompanied by violent crimes. For a charge of this type to arise, it is not always necessary that belongings are stolen or damaged, it may only depend on the perceived intentions of the accused. Comprised of both higher and lower-level offenses, property crimes include a wide range of offenses. Some of the crimes that would fall into this category include:

  • Theft: when an individual intentionally deprives someone of his or her property

  • Burglary: when an individual unlawfully enters a home or other closed structure with the intention of stealing property or committing a crime, often entering by force or coercion

  • Larceny: when an individual takes something of value without the owner’s permission and with the intention of depriving the rightful owner of the property permanently

  • Shoplifting: when someone steals or conceals merchandise from a retail store 

  • Arson: when an individual intentionally burns any type of property, including buildings or forest land

  • Robbery: when an individual uses the threat of force or actual force to take property or money from someone else

  • Vandalism: also referred to as criminal damage or malicious mischief, when an individual defaces, destroys, or degrades another individual’s property without the owner’s permission

Penalty Examples for Property Crimes in Illinois

Property crimes can be classified as either misdemeanors or felonies, depending on a range of factors. The particularities of each case help to determine the penalties for the different crimes. Some of these factors include whether any violent acts occurred, if any persons were harmed during the crime, and the property’s value. 

For example, there are many elements to consider when establishing the punishment for the crime of larceny. If the crime qualifies as grand larceny, the charge will result in much longer sentences than petty larceny. 

There are different classifications of misdemeanors and felonies that a person who commits property crimes could potentially receive. For each punishment included, it may also be possible that the defendant is ordered to pay restitution to the victim to account for expenses caused by the crime. Below includes a list of some examples of penalties someone who is accused of property crimes may face.

  • Class A Misdemeanors involve the stealing of property or money worth up to $500, resulting in a prison sentence of up to one year and a maximum fine of $2,500 for each individual charge. 

  • Class 4 Felony includes the stealing of property or money up to $500 when it is taken from a place of worship or a school. The accused could face 1 to 3 years imprisonment and a maximum fine of $25,000. 

  • Class 3 Felony includes the stealing of property or money worth $500 to $10,000 and could result in 2 to 5 years imprisonment and a maximum fine of $25,000.

Other possible penalties that could be imposed due to a property crime charge include Class 2 felonies, Class 1 felonies. Class 1 non-probationary Felony, and Class X Felony. 

Contact Our Elgin, IL Criminal Defense Attorney Today

Property crimes are taken very seriously throughout the justice system and can result in harsh penalties. If you are facing property offense charges, the criminal defense attorney with the Law Office of Brian J. Mirandola can help prepare an effective defense strategy and protect your rights. Contact our Kane County defense attorney today to schedule a free consultation by calling 847-488-0889.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HTit%2E+III+Pt%2E+C&ActID=1876&ChapterID=53&SeqStart=35400000&SeqEnd=68500000

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Avvo Illinois State Bar Association Kane COunty Bar Association
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