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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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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 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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IL defense lawyerThere 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.
  • Point assigned: The point value of the offense determines the punishment. Drivers who are at least 21 years old will be subject to a penalty after three or more traffic violation convictions in 24 months, drivers under the age of 21 after two or more offenses. The points issued by the convictions will be summed to determine the penalty.

This point system results in the following punishments for drivers over 21 years old based on the points accrued by a driver during a given time frame:

  • 0-14 points: No action
  • 15-44 points: Two-month suspension, 12-month suspension if a driver has two prior suspensions on their record
  • 45-74 points: Same as preceding category, but with a minimum 6-month suspension
  • 75-89 points: Driver's license suspended for 12 months if the driver has one previous suspension
  • 90-99: Minimum nine-month suspension
  • 100-109: Minimum 12-month suspension
  • 110+: License revocation

The punishments for drivers who are younger than 21 are similar, but their license will be revoked after 80 points.

Despite this point system's strict nature, all drivers are permitted to request a hearing to contest the grounds for suspension or revocation. With the right attorney, you stand a better chance at lowering or eliminating charges.

Contact an Elgin, IL Defense Attorney

Traffic violations are not taken lightly in Illinois, so you will need to present a rigorous defense if you wish to contest a license suspension or revocation. To get off to a good start, speak with The Law Office of Brian J. Mirandola. Brian has seven years of experience as a Kane County prosecutor, and he will use his experience to defend your case. To schedule a free consultation with an Elgin, IL traffic violations defense lawyer, call 847-488-0889.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

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Posted on in Felonies

IL defense lawyerIllinois law defines five categories of felonies. Each level is associated with different crimes. All the crimes at each level tend to carry equal or similar punishments. If you, a friend, or a loved one ever face charges for a crime in Illinois, it is crucial to understand the fines and penalties that are associated with the crime. Class X felonies are the most severe category of crimes in Illinois, a step below first-degree murder. A criminal defense attorney in your area can help you understand the consequences of a Class X felony. Work with an attorney you can trust to build your case and aggressively defend you in court.

Class X Felonies

Some examples of Class X felonies in Illinois include:

  • Aggravated arson
  • DUI (minimum of five prior convictions)
  • Home invasion
  • Aggravated Battery of a child
  • Aggravated Battery with a firearm
  • Aggravated vehicular hijacking
  • Armed robbery
  • Aggravated rape
  • Aggravated criminal sexual assault
  • Possession in large quantities of a controlled substance you wish to sell

Aggravated offenses mean that other circumstances heighten the severity of the charge, like using a weapon. Illinois law penalizes Class X felons with a mandatory 6-30 year prison sentence or a sentence up to 60 years depending on the aggravating factors present.

Some examples of aggravating factors that can impact a court’s ruling are criminal history, an offense against someone with a disability or above 60 years of age, threats, and motivation based on race, color, religion, gender, sexual orientation, or national origin.

Also, when released from prison, anyone formerly convicted of a Class X felony must adhere to a mandatory supervised release period of at least three years. These minimum punishments hold even if the offender has no prior criminal record.

Contact an Elgin, IL Criminal Defense Lawyer

Exercise your Fifth Amendment rights and speak with an Elgin, IL criminal defense attorney if you face Class X felony charges. At The Law Office of Brian J. Mirandola, we have an extensive history of protecting our clients’ rights and negotiating punishment terms in court. To schedule a free consultation, call 847-488-0889.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-25

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