Posted on November 15, 2021 in BAIID

The state of Illinois has instituted significant penalties for individuals convicted of drunk driving. Depending on the circumstances of the offense and the driver’s criminal history, a conviction for driving under the influence can lead to fines, driver’s license suspension or revocation, and even jail time. Fortunately, Illinois law also offers DUI offenders options for regaining their driving privileges. Often, driver’s license reinstatement requires the driver to install a Breath Alcohol Ignition Interlock Device.   

When is a Breath Alcohol Ignition Interlock Device Required?

Most of us drive multiple times a day. You may need to drive to get to and from work, pick up your children, attend medical appointments, and fulfill other important responsibilities. Fortunately, there may be a way for DUI offenders to get back behind the wheel legally.

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 Posted on November 08, 2021 in Theft

Grocery stores and retail chains across the United States are relying on self-checkout kiosks more and more. Self-scanning checkouts can reduce costs and speed up the checkout lines. However, they also offer additional opportunities for theft. One study showed that $850,000 of goods were stolen from self-checkouts over the course of 1 million transactions.

If you or a loved one were charged with retail theft after using a self-checkout, contact a criminal defense lawyer for help. Shoplifting may seem like a petty offense; however, it can lead to significant criminal penalties and even jail time.

Misusing the Self-Checkout Can Have Serious Consequences

Self-scanning kiosks are becoming increasingly popular. At a self-checkout, the customer is responsible for scanning the items in his cart, bagging the items, and paying the total. However, self-checkouts are not always used correctly. Some customers intentionally or unknowingly miss items while scanning. Others switch price tags on items to avoid paying full price. Another common tactic is to ring up an expensive item as a lower-priced item. This so-called “banana trick” is possible when the price of the item is determined by the item’s weight. Actions like these may seem harmless. Many people accused of self-checkout tricks like these do not even realize that the actions are technically shoplifting. It is only when the police show up with handcuffs that they realize how serious the situation really is.

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 Posted on October 27, 2021 in Criminal Defense

 Domestic violence is a very real problem in this country. According to national statistics, almost 25 people per minute are victims of domestic violence. This comes out to more than 12 million victims every year. Far too many victims end up being killed by their intimate partners, and this has led the courts to take any accusations of domestic violence seriously. Unfortunately, some people make false accusations of domestic violence against a current or former partner because they have their own agenda. Not only is this unfair to real victims, but the severe consequences false allegations of domestic violence can have on a person’s life can be devastating.

Reasons Why People Make False Accusations

Given the damage a domestic violence accusation can cause to a person’s life, it may be hard to understand why someone would make a false claim like this. However, there are several common reasons why someone files false charges. Many of these allegations are made if a couple is going through a divorce or child custody battle in order to get the “legal” upper hand. A former partner may also be so angry over a breakup that they make the accusations out of vindictiveness.

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 Posted on October 25, 2021 in Criminal Defense

Having a criminal record can affect many areas of a young person’s future, such as employment, education, and housing, depending on the nature of the offenses they were charged with. Another area that can be impacted is a young person’s plan to join the military. It is not uncommon for a teen to go through their high school career with the intention of joining a branch of the military upon graduation. Many teens even do early enlistment, signing up in their junior year so everything will be in place when they have completed their senior year. But what happens if a person who wants to enlist in the military is arrested or already has a criminal record? Will that impact any military opportunities they were looking forward to?

Moral Character Screening

There are six branches of the U.S. Military, including the Army, Army National Guard, Navy, Air Force, Marines, and U.S. Coast Guard. When a person enlists in one of these branches, a Moral Character Screening of Credit and Criminal Background process is conducted. This screening process into a recruit’s background is extensive, searching for anything in their past that may disqualify them. The recruit is required to disclose any and all criminal cases they have had, including juvenile cases, as well as any cases that were expunged or sealed. Failure to make these disclosures could result in being charged with a felony offense.

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 Posted on October 18, 2021 in Criminal Defense

When a person is charged with a crime, there are certain legal steps in the Illinois criminal justice system they must go through. One of those steps is a trial. The trial will determine whether the person is guilty of the charges they are accused of committing.

Most trials are jury trials. This is our right under the Sixth Amendment, which says that an accused has a right to an impartial jury. Typically, the jury is made up of 12 members. In order for there to be a verdict, the jury must vote unanimously either way, guilty or not guilty. It is not a majority vote.

In some cases, there is no conclusion to the trial, and the judge will declare a mistrial. The following are some of the common reasons why this might happen.

What Is a Mistrial?

According to the American Bar Association, a mistrial is a trial that is not successfully concluded. Due to certain circumstances, the trial is stopped, and the judge declares the proceedings void. The declaration of a mistrial must occur before a verdict is reached in the case, whether that verdict is via a jury or a judge. Once a verdict has been reached, there can be no declaration of a mistrial.

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 Posted on October 12, 2021 in DUI

Halloween is just a few weeks away. The COVID-19 pandemic put a damper on many events last year, but this year many people will be gathering at costume parties and masquerade balls to celebrate with tricks and treats. One trick that revelers may find themselves facing, however, is being stopped or arrested for DUI. What can you do to avoid this “scary” situation and what steps should you take if you are stopped?

Halloween and Alcohol

Many adult Halloween events involve alcohol. Unfortunately, many people do drive after they have been drinking. It is estimated that almost 45 percent of all fatal crashes that happen during the Halloween weekend involve a driver with an over-the-legal-limit blood alcohol concentration (BAC).

Anyone who is planning on attending an event where alcohol is being served should take the following steps to avoid a potential DUI arrest:

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 Posted on September 24, 2021 in Traffic violations

The 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. 

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 Posted on September 14, 2021 in Traffic violations

Illinois 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. 

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 Posted on September 08, 2021 in Domestic Violence

 Illinois 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. 

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 Posted on August 30, 2021 in Criminal Defense

Sexual 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

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