Posted on May 11, 2016 in Juvenile Crimes

Young people are often curious about alcohol, and sometimes their curiosity can land them into trouble. Rather than wait until they reach the legal age of 21 to buy, possess, and consume alcohol, juveniles find ways to gain access to alcohol, in violation of the law. Minors do notalways understand the risks that they are taking, as well as the potential consequences of possessing, consuming, or trying to purchase alcohol when underage.

As a general rule, it is illegal for a person under the age of 21 to possess or consume alcohol in Illinois. A minor who is caught violating the law can face being charged with a Class A misdemeanor along with the suspension of his or herdriver’s license.

License suspensions can last for three months when aminor is issuedcourt supervision, six months when the convicted minor is a first time offender, and up to a year for a second conviction. Any third or subsequent conviction for a minor in possession or consumption of alcohol will result in a revocation of the minor’s driver’s license.

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 Posted on May 09, 2016 in Criminal Defense

Criminal defendantscan end up facing drug charges as a result of detective work done by a drug sniffing dog. Drug sniffing dogs comprise one of Illinois law enforcement’s most useful resources when it comes to finding drugs. These dogs are highly trained to find all kinds of drugs, from marijuana to heroin. Illinois drug sniffing dogs have to go through a rigorous training program and must obtain certification and recertification every year.

The United States Supreme Court has consistently held that a dog sniff is not a search within the parameters of the Fourth Amendment to the United States Constitution. However, when a dog is deployed for a sniff at a person’s private home, the dog, and law enforcement, enter into Fourth Amendment territory. Hence, theymust execute a search of a person’s home with a drug sniffing dog in accordance with the law.

Drug Sniffing Dogs and Traffic Stops

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 Posted on May 04, 2016 in Criminal Defense

When you are facing burglary or residential burglary charges, the first thing that you should do is to consult with an experienced criminal defense lawyer. There are several possible defenses to these criminal charges that a criminal defendant can raise, depending on specific circumstances surrounding the alleged crime. Your lawyer can figure out if any defenses apply to your case after discussing the specifics of your alleged crime with you.

Potential Defenses to Burglary Charges

There can be a number of possible defense to burglary and residential burglary charges. Some potential defenses to criminal burglary charges can include:

1. Consent was given. In order to commit burglary, the defendant must enter or remain in a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof without authority. If the defendant had permission from the property owner to enter or be in the property that was allegedly burglarized, then the defendant may have an affirmative defense to the burglary charges.

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 Posted on May 02, 2016 in Juvenile Crimes

Across the country, there is a significant amount of variability as to when a teen is charged as a juvenile when he or she commits a crime. In some states, criminals are charged as adults as early as 15 years old. In other states, the juvenile boundary is set at 16 years oldwhileseveralstates set thelimit at17 or 18. Currently, in Illinois, the age for juvenile jurisdiction is 18 years old. However, the Illinois Legislature is considering a pair of proposed bills that would raise the age of juvenile jurisdiction to the age of 20.

The Illinois Bills Behind the Change in Age

A pair of bills could make this age change a reality in Illinois. Under HB6308, the Juvenile Court Act of 1987 would be amended such that people under the age of 21, i.e., those who are 20 years old and younger, who are charged with misdemeanor offenses would be treated as delinquent minors. Similarly, HB6191 would amend the Juvenile Court Act so that those under the age of 21 who are charged with felonies would be treated as delinquent minors by the courts.

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 Posted on April 25, 2016 in Theft

Illinois has one of the lowest felony theft monetary thresholds in the country. Stealing an item that is valued at $500 or more can land you a felony theft charge under 720 ILCS 5/16-1. While it makes sense that Illinois and law enforcement would want to take a firm stance on theft crimes, it makes less sense how seriously they take low-level theft offenses compared to other crimes and compared to how other states handle the same crime.

Stealing something small but valuable, such as a smartphone, watch, or piece of jewelry, could result in a felony theft charge in Illinois. However, only a misdemeanor charge would result in other states. While each state has the authority to define its criminal statutes the way that state legislatures see fit, felony charges for the theft of an item worth $501 is overkill, in the view of many individuals. When you are facing criminal charges for theft or retail theft, it is important to consult with an experienced criminal defense lawyer as soon as possible.

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 Posted on April 20, 2016 in Traffic Offenses

Ifyour license has been revoked or suspended, a greatburden is placed on you to get around without driving yourself. In order to be in compliance with your sentence, you have to not drive, and may have to take abus, walk, or hitch a ride with friends. However, many individualswho are serving a driver’s license revocation or suspension sentence choose to drive themselves without a license, and hope that they do not get caught.

While it is never advisable, people who have a suspended or revoked license get behind the wheel and may ultimately be caught when they commit some other traffic violation and cannot produce a driver’s license for the law enforcement officer that pulled them over.

Driving With a Revoked or Suspended License a Persistent Problem

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 Posted on April 18, 2016 in Traffic Offenses

Traditionally when a driver is stopped in Illinois for a traffic offense, the police officer approaches the driver’s vehicle, asks for the driver’s license and registration, and then asks a handful of other questions. If the officer is going to issue a ticket, the officer must complete the citation form by hand. Filling out the ticket form by hand can present a lot of problems, such as transcribing down information about the driver, vehicle, or offense incorrectly on the form, or the officer’s handwriting could be illegible.

Such problems with handwritten tickets are typically a boon to Illinois drivers. While minor mistakes on a traffic citation generally will not cause your ticket to be thrown out in court (such as an incorrectly cited make of vehicle or vehicle color), a material error (for example, a ticket issued to the wrong name), or a ticket that is completely illegible could get your charges dismissed.

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 Posted on April 14, 2016 in Criminal Defense

In an effort to help combat the heroin epidemic that has been plaguing the United States in the past few years, in 2012 the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act was amended to include a provision that provides limited immunity from prosecution for those who witness an overdose and call for help. In other words, those who report an overdose can avoid at least some drug charges. The provision is codified in 720 ILCS 570/414, and is sometimes referred to as the Illinois Good Samaritan Overdose Law.

Good Samaritan Overdose Law Limited to Possession of Drugs That Can Cause Overdoses

The overdose law offers protection to those who report an overdose. However,the protection offered by the law is strictly limited to possession and is limited to small quantities of drugs that are capable of causing an overdose. Those who seek medical attention for someone who is overdosing will not be charged with a Class 4 felony for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for a Class 4 charge was acquired as a result of seeking help for the person who is overdosing.

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 Posted on April 11, 2016 in Traffic Offenses

When Illinoisans receive a ticket for a traffic violation, they often considerit as an inconvenience. It means a ticket that they might have to dispute, and a fine. However,few people who get a ticket really understand the long-term impact that a ticket can have on their wallet.

There are hidden costs associated with getting a ticket in Illinois that cannot be overlooked and need to be considered when deciding whether to just pay the fine or to fight theticket.

Illinois Tickets Are Some of the Most Costly in the Country

KMOV.com recently reported on a national study whichrevealed that traffic tickets have one of the biggest impacts on Illinoisdrivers, due to the long-term costs associated with getting a speeding ticket. While the initial cost of the traffic ticket might not be too high, after several years of auto insurance hikes, a ticket can be quite costly. There are a handful of Illinois communities-a majority of which are located in Cook County, including Harvey, Cicero and Park Ridge-where getting a ticket can cost individuals $1,000 more over a five-year period than a ticket would cost other Americans.

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 Posted on April 06, 2016 in Criminal Defense

There are a number of individuals who face domestic violence charges in Illinois and do not know what to do about the charges that are pending against them. Criminal charges can be scary and serious, as a conviction can have a long-term impact on a person’s life.

A domestic violence conviction can impact a person’s ability to go near the alleged victim, stay in their own home, or could impact their child custody or visitation rights. An experienced domestic violence criminal defense lawyer can help with domestic assault and battery charges and any other domestic violence-related legal assistance you might need, such as dealing with charges concerning a violation of a protection order or charges of domestic battery. Criminal defense can be technical and confusing, but those who stand accused should have an understanding of their legal options.

Strategies for Fighting Domestic Violence Charges

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