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IL defense lawyerThousands 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.

The License to Work Act also repeals a few other Illinois laws, namely the right the Secretary of State had to revoke or suspend a minor’s driver’s license because they are judged to be a truant, delinquent, or addicted. The same law used to also apply to anyone ‘afflicted with or suffering from any mental disorder or disease,’ but those laws were curtailed as part of the License to Work Act.

This new law only serves to curtail license suspensions or revocations due to unpaid fines, not for other reasons. For example, automatic suspensions will result from underage drinking, supplying alcohol to minors, criminal trespass on a vehicle, and theft of motor fuel.

Contact a Kane County Criminal Defense Attorney

Whether or not you are eligible for immediate license reinstatement, you will strengthen the likelihood of having a successful driver’s license reinstatement hearing if you prepare with the help of a Kane County criminal defense attorney. The Law Office of Brian J. Mirandola offers free consultations to anyone in need of counsel or representation in cases related to Illinois criminal law, DUI defense, and traffic violations. To schedule your first session, call 847-488-0889.

 

Sources:

https://www.bnd.com/news/politics-government/article239403843.html#:~:text=JB%20Pritzker%20on%20Friday%20signed,a%20vote%20of%2038%2D10.

https://finesandfeesjusticecenter.org/articles/illinois-house-bill-5340-license-to-work-act/

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Criminal records can restrict access to employment, housing, bank loans, school admission, and more. It is possible to expunge or seal these records depending on the nature of the crime. None of this will happen automatically, and you will have to work proactively with a highly-capable criminal defense attorney to ensure that your criminal record does not prevent you from enjoying certain privileges in the future.

What Crimes Can Be Sealed

Having a crime expunged from your record means that you eradicate it and it will never have an impact on you in the future. Not all crimes are eligible for this treatment, but many more are allowed to be sealed. This means that the crime in question will not be used against you in a background check and will not be available in the public record, but law enforcement will have access to your record and it will be available via court order.

If you were charged with a misdemeanor or a felony but were never convicted, you can seal your record at any moment. The exception to this rule is for minor traffic offenses, but if you were released before being charged with such, you can still seal your record.

The rest of the cases that you can seal all require that it has been at least three years since serving your last sentence. Convictions for most misdemeanors and felonies can be sealed except for a DUI, reckless driving, domestic battery, violation of an order of protection, sexual offenses, animal offenses, or any felony convictions you were charged with after already having a felony conviction sealed.

While you can seal qualifying offenses three to five years after your last sentence, an exception is made in which you can seal immediately upon completing either a high school diploma, associate’s degree, career certificate, vocational certification, bachelor’s degree, or the GED test.

Contact a Elgin Criminal Defense Attorney

If you want to seal your criminal record to protect your future, it is essential to work with an experienced Kane County criminal defense attorney. At the Law Office of Brian J. Mirandola, we have years of experience helping those formerly convicted of misdemeanors and felonies expunge and seal their records. To schedule a free consultation, call us today at 847-488-0889.

 

SOURCE:

https://www2.illinois.gov/osad/Expungement/Documents/Adult%20Exp/ExpungementSealing_Instructions_Approved.pdf

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Posted on in Fraud

IL defense attorneyIllinois has two separate laws covering forgery and identity theft, however, they are both deceptive practices that are taken seriously due to the harm it causes a victim. Forgery is a crime that could lead to identity theft because it starts with using someone else’s signature to steal money, goods, or personal information. Both crimes are felony offenses, but for identity theft, punishments become more severe depending on the harm done to a victim.

What Is the Difference?

Illinois law says that someone commits forgery when they do any of the following with the intent to defraud a victim:

  • Make or alter a document that has false information
  • Deliver false documents with the knowledge that the information is false
  • Possession with intent to deliver false documents
  • Obtain, possess, or sell another person’s personal information unlawfully
  • Use an electronic device to create a false signature for another person
  • Writing the signature of another person to cash a check or purchase goods

These actions touch the shallow end of identity theft because once a person has the personal information of another, they have the tools they need to commit the more hurtful crime. Forgery is a Class 3 felony most of the time; charges are elevated to a Class 4 felony if a Universal Price Code Label is forged.

Identity theft is covered in greater detail by Illinois law. The crime is defined as someone using the personal and financial information of another in order to obtain money, goods, property, or anything else of value.

Once the alleged thief has the victim’s personal information, they commit identity theft by:

  • Using another’s information to commit another type of felony
  • Selling or distributing another person’s information to others who will commit another felony crime
  • Using another’s information even though they know the information is stolen
  • Using another’s information to portray themselves as the victim in order to commit a crime or obtain items of value
  • Using another’s information in order to gain access to more personal of financial information
  • Aggravated identity theft: stealing personal or financial information from a person over the age of 60 years

Like forgery, identity theft is a felony offense. Depending on the severity of the crime - the monetary value of goods stolen and the amount of previous identity theft convictions against a thief - the charges can range from Class 4 to Class X felonies.

Contact an Elgin, IL Criminal Defense Lawyer

Any deceptive crime can be harmful to a victim and can change the life of an alleged thief not only through a criminal record, but also their reputation in the community. If you are being accused of identity theft, hire a lawyer from the Law Offices of Brian J. Mirandola. Our lawyers have experience making sure a client’s rights are not being violated during a litigation. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

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Posted on in Theft

b2ap3_thumbnail_porch-pirate_20200217-141909_1.jpgSomeone is known as a “porch pirate” when they steal packages from the doorstep of someone else’s house. The state of Illinois is the 13th worst state in the country when it comes to packages being taken. This offense is punished as theft because the person who commits the violation has the intention of keeping the items they take and they know it is against the law. Under Illinois’ theft law, porch pirating is considered a misdemeanor for items that value under $500 and a felony for items that value over $500.

The Penalty for Being Caught Pirating from Porches

On average, 11 million homeowners have packages stolen from their doorsteps in one year. As a result, victims find themselves changing their schedules when they know they have a package being delivered so they can be home to claim their box immediately.

Others pay a hefty cost to install home cameras in order to catch any would-be porch pirates in the act. These products lead to the identification of the offending parties who are then liable for all stolen items.

Illinois law classifies porch pirating as a form of theft. Charges increase in severity depending on the value of the stolen items:

  • A Class A misdemeanor is charged when the stolen items have a value of $500 or less. Offenders face up to one year in jail and fines of up to $2,500.
  • A Class 4 felony is charged when the building being pirated is a place of worship, a school, or government property. Offenders face a prison term of 1-3 years and fines of up to $25,000.
  • A Class 3 felony is charged when the property being stolen values between $500 and $10,000. Offenders face a prison term of 2-5 years and fines of up to $25,000.
  • A Class 2 felony is charged when the property being stolen values between $10,000 and $100,000. Offenders face a prison term of 3-7 years and fines of up to $25,000.
  • A Class 1 felony is charged when the property being stolen values between $100,000 and $500,000. Offenders face a prison term of 4-10 years and fines of up to $25,000.
  • A Class X felony is charged when the property being stolen values over $1,000,000. Offenders face a prison term of 6-30 years and fines of up to $25,000.

On average, the property that is pirated from doorsteps values between $50 and $100.

How to Defend Against Allegations of Porch Pirating

Most of the time porch pirates are caught if the homeowner has a camera installed to monitor the front doorway. However, a camera can only capture so much and sometimes a certain identification cannot be made.

Or, a person could be falsely accused of porch pirating if their car was seen at the victim’s home when the package was taken.

Some defenses against charges of theft include:

  • Mistake of fact
  • No intent to permanently deprive the homeowner of their goods
  • Prove owner’s consent to the taking of the package
  • Coercion
  • Entrapment
  • Insanity

If the items are returned to the homeowner after charges are issued against the offender, this does not erase the theft charges.

Contact an Elgin, IL Criminal Defense Attorney

The lawyers from the Law Offices of Brian J. Mirandola have experience helping defendants of all sorts of theft cases. They can bring light to the facts of the case and protect clients from any unlawful punishments. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

https://patch.com/illinois/chicago/how-often-porch-pirates-steal-amazon-packages-chicago

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IL defense lawyerDomestic violence affects one in four women nationwide. Unfortunately, many acts of abuse are not reported and therefore are not stopped. The reality is that silence about abuse can lead to the death of the victim. Those who do report domestic violence can then issue an order of protection against their abuser. In the state of Illinois, violation of this court-ordered document is a misdemeanor offense that can be elevated to a felony offense against second-time violators.

What Is an Order of Protection?

After reporting the domestic violence, a victim can hire an attorney and ask them to file for an order of protection against their abuser. Typically, this order is issued when the victim and abuser are relatives or spouses.

Once the alleged abuser has been given the order, it stops them from:

  • Continuing the abuse or threat of harm
  • Sharing a household with the victim, especially if drug addiction is involved
  • Coming near the victim and others protected under the order. This includes at home, school, work, or any other public place.
  • Hiding a child from the victim or taking a child out of state

The order also allows a victim temporary physical custody over all minors involved in a domestic violence case. Custody becomes permanent after the Illinois court decides where the child will be most protected.

An order of protection could also require an abuser to attend counseling and turn over all weapons to the police while the domestic violence case is under investigation.

If at any time an abuser violates the terms of the order of protection, they will be charged with a Class A misdemeanor punishable as a prison term of up to one year and a fine of $25. If an abuser violates a second order of protection, they will face a Class 4 felony charge.

How to Defend Against Order of Protection Violations

Since an order of protection requires both victim and abuser to appear in court, both parties should seek the help of a lawyer. For the alleged abuser, a lawyer is the best defense against false charges of violating an order of protection.

A lawyer can make sure that an alleged abuser’s rights are not being violated during the domestic violence case. At times, a victim could attempt to report false charges against an alleged abuser for revenge. The offender can defend these allegations by:

  • Proving the order of protection was not violated by means of an alibi
  • Prove the victim set up a situation that would make the violator break the order of protection
  • Prove mistake of fact or entrapment

Contact an Elgin, IL Criminal Defense Attorney

An order of protection is good to keep a victim safe from their abuser, but it can also be a tool for false victims to get what they want while punishing an ex-lover. Those who are fighting false allegations of order of protection violations should hire a lawyer from the Law Offices of Brian J. Mirandola. Our knowledgeable Kane County domestic violence lawyers can protect your rights and keep you out of prison. To schedule a free consultation, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

http://www.illinoisattorneygeneral.gov/women/ordersofprotection.html

http://www.new-hope.org/facts-about-domestic-violence/?gclid=CjwKCAiA98TxBRBtEiwAVRLqu2S9Deoz0HuwKIYkziaSaV-j2JELVSExNAsghDQ7XBvlsGJFcWDxPxoCjHYQAvD_BwE

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