Posted on September 11, 2018 in Criminal Defense

Facing criminal charges can be a truly scary prospect. The process for how these charges are handled might seem tricky and confusing, but if you know the timeline and what to expect, it can ease your worries – at least a little. While every case is different and should be considered independently, there is a general framework of how the system works in Illinois. The following includes a general timeline of criminal charges in Illinois that you may encounter when facing the criminal justice system with the help of a skilled attorney:

The Offense and Arrest

A charge cannot be made unless a person is reasonably suspected of committing criminal activity. This suspicion may be determined through an extensive police investigation into an individual’s activities or through something as simple a traffic stop. However, the police must have probable cause in order to make an arrest. After being arrested, a suspect must be read their Miranda rights, informing them that they have the right to remain silent and contact an attorney.

Continue Reading ››

 Posted on September 06, 2018 in Criminal Defense

No one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is importantto notresista police officer makingan arrest. Resisting arrest in Illinois can result in additionalcriminal charges.

Resisting Arrest in Illinois

Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of peopleto whomthe statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.

Additionally, it is not just resistingan actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:

Continue Reading ››

 Posted on September 05, 2018 in White collar crime

The Federal Bureau of Investigation (FBI) defineswhite collar crime as crimes characterized by “deceit concealment, or violation of trust” that are also not “dependent on the application or threat of physical force or violence.” Usually, motivation behind a white collar crime is some type of financial gain. A common type of white collar crime is credit card fraud, and Illinois treats credit card fraud cases very seriously.

Credit Card Fraud in Illinois

There areseveralinstances in which a credit card fraud charge could be brought. Essentially, credit card fraud involves the improper use or possession of a credit card, whether it be your own credit card orsomeone else’s credit card. Examples of credit card fraud include:

• Using incorrect information or making a false statement in an attempt to receive a credit card;

Continue Reading ››

 Posted on September 04, 2018 in Orders of Protection

The state of Illinois takes the safety of its citizens seriously. The Illinois Domestic Violence Act allows a person who been abused or is in danger of being abused by a family member or romantic partner to request an order of protection against the abuser. There are several steps in the process of obtaining such an order and three different types of orders. If you have been the victim of domestic abuse, it is important to understand your options.

Emergency Order of Protection

The first type of protective order is called an emergency order of protection, or EOP. An EOP can be issued by a circuit court judge in the county in which the alleged abuser or victim lives or the county in which the abuse took place. The victim must petition the court for an emergency order of protection and provide testimony regarding the abuse. If the court determines that there is a credible threat to the safety of the victim, it may issue an emergency order of protection with prior notification to the alleged abuser. The court will also set a date for a hearing regarding a more permanent solution. The emergency order can remain in effect until that hearing or for up to a maximum of 21 days.

Continue Reading ››

 Posted on August 27, 2018 in Drug Charges

Studies show that an estimated 54 million people have used prescription drugs for non-medical reasons. Additionally, 2.1 million people in the United States have used prescription drugs for non-medical reasons just within the last year. Because of this high abuse and potential for dependency, the state of Illinois is strict when it comes to drug laws and charges.

When most think of drug charges, they might think of illegal drugs, including cocaine, heroin, etc. While those drugs also can result in criminal charges, they are not the only type. Prescription drugs can result in criminaldrug charges, as well.

Prescription Drugs and Drug Charges

There are more arrestsoccurring in Illinois for the use of prescription drugs without a valid prescription than there have been in the past. This is due in part to the addictive nature of some prescription drugs.

Continue Reading ››

 Posted on August 24, 2018 in DUI/DWI

The decision to hire an attorneymay be difficult, but there are many instances where not hiring an attorney can be detrimental to your case. One type of charge that should be handled by an experienced attorney is driving under the influence (DUI). A DUI conviction can haveboth costly and devastating effects on your life.

In Illinois, a DUI charge resultswhen an individual isfound driving under the influence of alcohol, drugs, or other impairing or intoxicating compounds. A personwho is found driving or in physical control of a vehicle whilehe or she hasa blood alcohol concentration of .08 or more will be charged with a DUI.

Consider the following reasons why you should consider hire a experienced DUI attorney to provide an aggressive defense to the court.

Provide an Aggressive Defense

Some individualsmaybelieve that if they have been charged with a DUI, they will therefore be convicteddue to theevidence from a breathalyzer test or blood test. This does not have to be the result. There areseveral defenses that can be applied to each case.

Continue Reading ››

 Posted on August 20, 2018 in Drug Charges

A man in Cook County is facingfelony drug charges after being found with more than 75 pounds of marijuana, according to NBC Chicago. The Chicago Police department was responding to reports that there was a burglary in progress.

While investigating the premises of the alleged burglary, the police found a basement door that bore signs of forced entry. The officers proceeded inside the door and found 34,000 grams of marijuana. More than 120 grams of cannabis oil was also discovered.

The man who was renting the building where the marijuana and cannabis oil was found is now facing two felony charges. He has been charged with two felony counts of manufacturing or delivering over 5,000 grams of marijuana, or cannabis. In addition to these two felony charges, he also faces a misdemeanor charge as a result of being found to be allegedly violating the concealed carry act.

Continue Reading ››

 Posted on August 17, 2018 in DUI/DWI

Illinois is not the only state that has strict laws regarding underage drinking. In Illinois, it is illegal for a person under the age of 21 to drink or possess alcohol. Even so, there are many individuals under the age of 21 that decide to drink alcoholic beverages.

Being charged with underage drinking can be detrimental to a minor’s future. Consider the following informationthat you should know about underage drinking in Illinois.

An Underage Drinking Charge is Considered a Class a Misdemeanor in Illinois

For anyone under the age of 21, it is illegal to possess or consume alcohol. Being found to have any amount of alcohol in your system as a minor can result in a Class A misdemeanor charge. It is also illegal for minors to transport open alcohol containers in their vehicles. This carries the potential of up to one year in jail and a maximum fine of $2,500.

Continue Reading ››

 Posted on August 13, 2018 in Criminal Defense

When watching television cop shows, it seems like everyone in the world has been convicted or charged with some type of crime, even if by accident or mistake. These television shows attempt to take you through the criminal process of beingcharged with a crime and the sentence that can be imposed should you be found guilty. While there is a large amount of coverage dedicated to the crime itself and the sentence, there is not often any discussion on what the impact of a criminal charge can be on one’s life. The impact of a criminal conviction is far reaching and impacts more areas of life than one might think.

Employment

Many people who have ever filled out a job application know that one of the questions asked during the hiring process is whether or not an individual has been convicted of a crime. While there are laws in place to protect some ex-criminals from being discriminated against, there are plenty of employment opportunities lost because of a criminal conviction. There are certain jobs that require an applicant to have a background that does not contain a criminal conviction. If you have been convicted of a crime, do not lie about it. Many employers will run a criminal background check on prospective employees to make sure that they did not lie about their history and ensure they are a good fit for the company.

Continue Reading ››

 Posted on August 10, 2018 in Criminal Defense

There are a number of reasonswhy a person might want access tohis or her police records.He or she maywant to make sure any criminal charges are accurately depicted, orhe or she maywant to make sure that a certain charge or conviction is no longer listed onhis or her record. Whatever the reason, in Cook County a person has the ability to accesshis or her police reports.

The Uniform Conviction Information Act passed in 1991 requires that a person’s criminal record and conviction information must be made public. This act was passed in an attempt at full transparency and to give those that needed this information the avenue and opportunity to seek the information that they required. An individual’s criminal record will contain arrests, convictions, and other data about contact that the person has had with the Illinois criminal system.

Continue Reading ››