Posted on April 07, 2022 in Traffic violations

Warmer weather is right around the corner, but so is construction season in Illinois. If you are caught speeding or stopped for other traffic violations in a construction zone, you face much stricter penalties than for violations outside of a work zone. Even for a first violation, drivers face higher fines, the temporary loss of their license, and more points added to their driving record, resulting in higher insurance rates. Slow down and drive safely in a construction zone, or you could face serious penalties.

Speeding Violations in Construction Zones

A driver will be assessed a minimum fine of $250 for their first speeding offense in a construction zone. The minimum penalty is $750 plus a driver’s license suspension of 90 days for a second offense.

Aggravated Speeding in a Construction Zone

Drivers charged with speeding of at least 26 mph over the posted construction zone speed limit, which is known as aggravated speeding, may be charged with a Class B misdemeanor and risk spending up to six months in prison and face a maximum fine of $1,500. Aggravated speeding more than 35 miles per hour over the limit is a Class A misdemeanor, with a punishment of up to one year in prison and a maximum fine of $2,500.

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 Posted on March 30, 2022 in White Collar Crime

The state of Illinois defines forgery as when an individual intentionally falsifies documents, issues or intends to issue falsified documents, or uses a false signature to deceive another party. Forgery is considered a criminal offense typically charged as a Class 3 felony. But, what does fraud look like in day-to-day use? It is essential to understand common deceptive practices that can be charged as felony forgery to maintain lawful practice and keep yourself safe from criminal misconduct. 

Falsified Checks

One of the most common acts of forgery is through creating falsified checks. Checks are a written form of financial payment that directs a bank to send out or receive a sum of money to another bank account. Individuals who falsify checks may use another person’s signature to sign off on a financial payment or sign a check from a bank account that they know to be closed. These actions are considered forgery and could be prosecuted as a felony in Illinois. 

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 Posted on March 27, 2022 in Search Warrant

The Constitution of the United States protects citizens from unjustified searches and seizures by government entities. This right is typically exercised by individuals who feel that they have had an illegal search or confiscation of property by a police officer either in their home or in their vehicle. Without a warrant or strong probable cause, officers are not allowed to search your private property. If you were charged with a crime after an officer searched or invaded your property without reason, a skilled defense attorney might have a solid foundation to build your defense case. 

What is a Justifiable Search?

According to the Fourth Amendment to the U.S. Constitution, officers and other government officials must have a valid reason to search your property for criminal misconduct. Most of the time, officers will obtain a search warrant, a legal document provided by the court that gives someone the right to search your property. Officers must give evidence of potential misconduct to the court. This may include word-of-mouth information, photographs, and videos, or witness testimony. A legal search warrant must consist of where the officer intends to search, what time the search will occur, and what types of items they are looking to seize during the investigation. With a search warrant, an officer is allowed to seize: 

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 Posted on March 16, 2022 in Traffic violations

Many drivers receive traffic violations at some point during their driving career. Whether a driver rolled through a stop sign, accidentally ran a red light, or was cited for speeding, drivers may have to pay a fine or receive points on their driving record. However, commercial drivers, including truck drivers, are held to higher legal standards than regular drivers on the road. Commercial vehicle operators cited with a traffic violation must report the ticket to the Secretary of State’s office. Failure to report a Commercial Driver’s License (CDL) violation to the state can result in severe legal and professional penalties. 

What is a CDL Violation? 

A Commercial Driver’s License, or CDL, is issued to a commercial driver operating special vehicles. These vehicles usually include trucks or trailers carrying heavy, large, or hazardous materials. There are three classes of a CDL depending on the type of materials that the vehicle is transporting:

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 Posted on March 09, 2022 in Traffic violations

Minor traffic violations may seem relatively unimportant in everyday life. An occasional traffic ticket for speeding or running a stop sign is seen as irritating rather than a legitimate legal concern for most drivers. However, traffic violations that accumulate can become a real problem for a driver in the state of Illinois. Points from violating traffic laws add up quickly on your driving record, which can lead to a license suspension or revocation. Below are four common traffic violations you should avoid when driving in Illinois. 

Speeding Violations 

On most roads, the speeding limit will be posted on a sign. Depending on the type of road you are on, speed limits range from 15 miles per hour on a rural alleyway, 30 miles per hour on urban district roads, 55 miles per hour on other roads and highways, and between 65 to 70 miles per hour on highways and interstate roads. If you are pulled over for driving above the posted speed limit, you could be facing fines anywhere from $120 to $2,500. Aggravated speeding violations are more severe and classified as misdemeanors that could result in jail time. Twenty-six miles per hour or higher over the speed limit is classified as aggravated speeding in Illinois.

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 Posted on February 25, 2022 in Criminal Defense

Don’t let the media's portrayal of underage drinking and drug use fool you — it is dangerous and illegal. Although the thought of a wild high school party or a college freshman dorm room includes mental pictures of booze, marijuana or other illicit activity, the state of Illinois has a zero-tolerance policy for underage drinking, and this is for good reason. The drinking laws in the United States are set in place to ensure that underage minors do not injure themselves, or others, due to alcohol consumption. If an underage minor (under 21)  is caught drinking alcohol, the child, and his or her parents, may face severe penalties. 

Understanding the Zero Tolerance Law 

The state of Illinois enacted the Zero Tolerance Law for underage drinking in an effort to keep minor children and adolescents safe from the implications of consuming alcohol at a young age. There are a variety of reasons that the drinking age is set at 21. Underage drinking is prohibited due to:

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 Posted on February 21, 2022 in Criminal Defense

The consequences for speeding can range from a pesky speeding ticket all the way to an arrest. Most drivers understand and respect the need for speed limits–to keep Illinois citizens safe. But how can drivers abide by the legal speed limit if there are no street signs posted? Although some roads post individual speed limits, there are overarching laws that all Illinois drivers should be aware of in case there are no posted limits.

Location Limits

It is the responsibility of drivers to follow driving laws, including the speed limit. When there are no street signs that can indicate how fast you are allowed to drive, the first step is to determine what type of road you are on. 

• Interstate Highway — Illinois interstate highways have a maximum speed limit of 70 miles per hour. You can identify if you are on an interstate highway if the road goes across state lines to connect cities. 

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 Posted on February 15, 2022 in Criminal Defense

A DUI (driving under the influence) charge is a serious crime in Illinois. If you are pulled over and charged with a DUI, the consequences may change depending on your situation. For a first-time offender, a DUI is a class A misdemeanor, and you may be facing up to one year in prison with up to $2,500 in fines and a potential license suspension. However, if you are a recurring DUI offender in Illinois, your driver’s license may be suspended for an extended period of time or revoked completely. 

Legal Blood Alcohol Limit 

In the state of Illinois, a person is considered legally intoxicated when his or her blood alcohol level is 0.08 or higher. If a person is pulled over while driving, a police officer may test a driver’s level of intoxication a few ways:

• Administering a blood alcohol test through a breathalyzer 

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 Posted on February 07, 2022 in Criminal Defense

Prescription drug forgery in the state of Illinois is a felony under the Illinois Controlled Substances Act and can result in significant fines and jail time. Even if prescription drug forgery was your first offense, the ramifications are often severe. In the state of Illinois, those charged can face up to five years in the penitentiary and pay up to $200,000 in fines. If you are being charged with drug forgery, it is important to speak to a criminal defense attorney as soon as possible. 

What is Drug Forgery?

Prescription drug forgery can fall under several categories. Typically, this type of drug crime is done through physicians illegally altering an existing prescription or writing a new one that is improper. Drug forgery can also look like:

• A patient using a doctor’s prescription notepad illegally to write a prescription 

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 Posted on January 31, 2022 in Theft

Video games and television make theft of an automobile seem like an inconsequential act. In reality, being accused of stealing a car can change your entire life. Penalties are severe and may include significant jail time. In Illinois, merely being in possession of stolen goods can lead to theft charges. Some people accused of stealing a vehicle thought that they bought the vehicle legally. When they find out that the vehicle was stolen, they are shocked.

If you or a loved one have been charged with motor vehicle theft, contact a criminal defense lawyer right away. Your attorney can start gathering evidence to aid in your defense.

You May Be Facing Felony Charges Punishable By Up To 7 Years’ Incarceration

The consequences of a theft conviction depend on the value of the item that was allegedly stolen. Stealing a candy bar from a store is obviously not considered as serious as stealing a vehicle worth thousands of dollars. In Illinois, theft of a motor vehicle or possession of a stolen motor vehicle is punishable by 3-7 years in prison. Being in possession of a stolen vehicle valued at more than $10,000.00 can lead to felony charges.

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