Posted on October 29, 2018 in Disorderly Conduct

Disorderly conduct, 720 ILCS 5/26-1, may sound like a harmless offense-one that will result in nothing more than a few days of community service at the worst, but in reality, it can be a life-altering moment in a person’s life. Depending on the circumstances, disorderly conduct is a felony. Being found guilty could mean the end of your career, your social status within your community, your child custody or visitation rights, and more: your freedom. Disorderly conduct can result in one to three years in prison and a $25,000 fine.

What Were You Charged For?

The most common scenarios of a defendant being charged with disorderly conduct include the following:

• Being drunk in public-While it is not a crime in and of itself to walk down the street or sit in a bar while being intoxicated, acting in an overtly drunk, loud, obnoxious, or harassing manner is a crime. All it takes is a few too many drinks and a lapse in judgment to end up behind bars for the night, with a disorderly conduct charge looming in your future.

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 Posted on October 26, 2018 in Criminal Defense

One of the most serious traffic crimes is fleeing or evading the police. Bureau of Justice Statistics data reveals that one person dies every day during police chases. The penalties for fleeing law enforcement are founded on the sheer danger that fleeing or evading police has on other road users as well as the fact that if a harsh penalty did not exist, police would have a very difficult time arresting anyone. As such, fleeing the police results in a Class A misdemeanor and license suspension of up to six months for a first-time offense, up to 12 months for a second offense, and a Class 4 felony for third and subsequent offenses. A Class A misdemeanor is punishable by up to one year in jail, while a Class 4 felony is punishable by one to three years in state prison and a maximum fine of $25,000.

Definition of Fleeing or Evading Law Enforcement

According to Illinois statute 625 ILCS 5/11-204, fleeing or evading must have the following elements:

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 Posted on October 22, 2018 in Criminal Defense

The news cycle has been full of the phrase ‘obstruction of justice’ in recent months, but while it can be a crime that affects the highest officials in the country, it can also be a crime that an average person is charged with when they become involved in a criminal investigation. If you are less than truthful with law enforcement, you may wind up on the receiving end of obstruction charges if you are not careful, and the penalty can be quite severe.

No Physical Act Necessary

Illinois’ relevant statute defines obstruction of justice as willfully performing certain actions, such as concealing evidence or witnesses, or lying to police, with the intent to “prevent the apprehension of” or “obstruct the prosecution or defense of” any one specific person. In other words, if someone lies to the police or conceals or destroys evidence with the intent to stop a criminal case from going forward, they may (at least in theory) be charged with obstruction of justice.

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 Posted on October 19, 2018 in Juvenile Crimes

Breaking and entering has long been a sort of game for teenagers looking for a thrill. For example, teens in Colorado recently broke into a Colorado home, threw a party, and recorded it on Snapchat. Teens and younger adolescents may dare or encourage one another to break into abandoned homes, which may not actually be abandoned, schools, and other structures. However, breaking and entering, which is called burglary whether there was an intent to steal something or not, is a felony crime.

Residential Burglary and Possession of Burglary Tools

Under Illinois statute 720 ILCS 5/19-3, the elements of residential burglary include the following:

• Knowingly entering a residence (including a car, RV, boat, railroad car, or other structure) without permission;
• Entering or remaining in a residence for the purpose of committing a theft or other felony; or
• Misrepresenting oneself in order to gain entrance to a residence for the purpose of committing a theft or other felony.

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 Posted on October 18, 2018 in DUI/DWI

One-third of drivers arrested for drunk driving are repeat offenders, according to Mothers Against Drunk Driving (MADD). National Highway Traffic Safety Administration (NHTSA) data revealed that for some states, 47 percent of DUI offenders are repeat offenders. Ultimately, if you have already been convicted of one DUI, there a high chance that you will be charged with another. Moreover, after a second DUI conviction in Illinois, the penalties become much higher.

Aggravated DUI

An aggravated DUI is a serious offense - one that results in mandatory imprisonment or community service terms not being eligible for suspension or reduction. Additionally, aggravated DUI charges result in a minimum of 480 hours of community service or 10 days of imprisonment for those out on probation or conditional discharge. Aggravated DUI is charged when the offender was driving under the influence:

• In a school zone, while the school speed was in effect, and caused a crash resulting in bodily harm;

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 Posted on October 12, 2018 in Drug Charges

Having a hypodermic needle in your possession can land you in cuffs. This is due to Illinois’ Hypodermic Syringes and Needles Act, which makes it illegal for minors to be in possession of any hypodermic needles or syringes, and illegal for adults to possess hypodermic needles for the injection of controlled substances. Studies have shown that Needle and Syringe Exchange Policies (NSEPs) drive down HIV and other needle-transmitted-diseases, so why is possessing needles a crime, even if used for injecting drugs? Unfortunately, the logic of this law is as unjust as it is flawed, and is simply another criminal charge in the name of the war on drugs, tacked on increase overall prison time and incentivize defendants to take a quick plea deal.

What the Law Says About Needle Possession

Under Illinois statute 720 ILCS 635, it is illegal for anyone to possess a “hypodermic syringe, needle or “other instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.” Adults are legally allowed to purchase dozens of syringes from pharmacies and possess up to 100 at any given time, so the mere possession of such a needle is not a crime. What makes the needle illegal is when it is used or intended to be used for injecting controlled substances, unless of course, you are a physician, nurse, or hospital worker performing your professional duties. A defense to this criminal offense is proving that the needle was used for another purpose other than delivering a controlled substance. Common reasons and medical conditions for using hypodermic needles and syringes include:

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 Posted on October 10, 2018 in Criminal Defense

Most people can remember the feeling of independence that came with getting their driver’s license for the first time. On the other hand, most can also remember the nearly overwhelming fear that took over the first time they were pulled over by the police. Being stopped for a suspected traffic violation is intimidating for many drivers, including those who have been driving for decades. Younger drivers, however, often experience even more stress when they are pulled over, leading to confusing and potentially dangerous situations. Fortunately, lawmakers in Illinois have taken steps to prepare young drivers on how to handle being stopped by the police.

Helping New Drivers Learn the Rules of the Road

Approximately two years ago, Illinois Governor Bruce Rauner signed a bipartisan measure requiring all driver’s education classes in the state to include a section on how to behave during a traffic stop. The bill’s timing coincided with a number of horrific, headline-making examples of traffic stops that escalated and spiraled out of control-some of them resulting in tragedy. The new law went into effect in 2017 and has affected driver’s education classes at public schools, private schools, and private training programs.

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 Posted on October 08, 2018 in Child Abuse

Over 25 years ago, a St. Charles couple decided to go on vacation to Mexico for nine days. They decided not to bring their children along, and while Home Alone II was playing in theaters, these two real-life parents left their nine- and four-year-old daughters home alone intentionally. They were arrested and their story gained national media attention, eventually leading to the creation of Illinois’ child abandonment law. Today, child abandonment is a serious criminal offense that can be penalized as a Class 4 felony, which carries a prison sentence of one to three years and a maximum fine of $25,000.

Characteristics Defining Child Abandonment

Illinois statute 720 ILCS 5/12-21.5 defines child abandonment as the following:

A parent, caregiver, or other guardian who currently has physical custody or control of a child under 13 years of age leaves that child without “supervision by a responsible person over the age of 14” for 24 hours or longer. This statute does not include those who legally relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. In order to determine whether or not the child’s mental or physical health or safety or welfare was disregarded, the following will be taken into consideration;

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 Posted on October 04, 2018 in Criminal Defense

When you are pulled over for violating a traffic law, it is only natural that you would want to get out of a ticket. While you probably know that you could contest the citation in court, the process of fighting the ticket often begins informally during the conversation with the officer on the scene. A conviction for a traffic violation could result in fines, higher insurance premiums, and other penalties, so not getting a ticket in the first place is the easiest way to avoid a conviction. Unfortunately, a police officer is unlikely to be sympathetic when you offer a poor excuse.

Excuse #1: "I Wasn’t Paying Attention"

Traffic laws exist primarily for the purpose of keeping drivers attentive and safe. If you tell an officer that you were not paying attention-to traffic lights, speed limit signs, or other drivers-you are basically admitting that you were not following the law. An officer is unlikely to cut you break for being distracted, and if he or she does, there is a good chance that you will still get a ticket for a lesser violation;

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 Posted on September 27, 2018 in Theft

Larceny, more commonly referred to as theft, occurs when a person knowingly obtains the property of another with the intention of permanently depriving the owner of their property, as per 720 ILCS 5/16-1. The degree of larceny or theft that an individual is charged with depends on the value of the property taken. Larceny charges do not include robbery, armed robbery, burglary, carjacking, or other crimes of violence, which are punished more severely than larceny offenses.

“Grand” larceny or “grand” theft is commonly thought of as the threshold between a misdemeanor and a felony charge, though in Illinois that language is not specifically used. Illinois law classifies various degrees of larceny on a scale described below, with the highest felony classification for theft being a Class X felony, which can result in decades behind bars.

• Class A Misdemeanor – The property taken is valued at $500 or less. Punishment includes a jail sentence of up to one year and a fine of up to $2,500.

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