Posted on September 04, 2014 in Criminal Defense

Starting this year, Illinois banned the use of all hand-held devices while driving, only permitting the use of hands-free devices such as speakerphones, Bluetooth, and headsets. In addition to this ban, the state of Illinois implemented other rules pertaining to cell phone use, including the prohibition of using a cell phone while driving in a school zone, in a construction zone, as well as prohibiting cell phone use if you are a novice driver.

In addition to Illinois’ ban on cell phone use, they have also placed a ban on texting while driving. According to Illinois’ anti-texting law 625 ILCS 5/12-610.2, it states that, “a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.”

While this law includes electronic devices such as cell phones, personal digital assistant, or a portable computer, there is a list of electronic devices that are permitted, such as GPS and navigation devices, as well as electronic devices that are integrated into the vehicle.

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 Posted on September 04, 2014 in Theft

Being charged with the crime of retail theft in the state of Illinois is a serious matter. Not only can such charges have criminal penalties, but they can have consequences that can affect other areas of the offender’s life, as well. These consequences often include the ability to obtain employment, qualify for housing, and be approved for a loan, among other things. Taking all of this into account, it is clearly important to consult with a knowledgeable criminal defense attorney for those who are charged with the crime of retail theft.

Grading of Charges

The severity of the charges an offender will face depends on both the value of the item or items stolen, as well as any prior criminal history of the defendant. The crime of retail theft can be graded as a misdemeanor or a felony, and the potential jail time and fines an offender may face varies with the severity of the charges. First-time offenders for retail theft, whose case does not exceed a value of $300, will be charged with a Class A misdemeanor, which carries a maximum jail term of one year and up to a $2,500 fine. If the value exceeds $300, the offense will be considered a Class 4 felony, even if it is just a first offense. Such a graded offense is punishable by a maximum jail term of three years and a fine of up to $25,000.

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 Posted on September 03, 2014 in Criminal Defense

Being charged with a DUI can have a number of repercussions. Depending on the number of times you have received a DUI, as well as the severity and the nature under which you received the DUI, can all play a key factor in the suspension or revocation of your driver’s license.

Understanding A Revocation

Revocation of a driver’s license is a much more serious offense than a suspension. When one has been convicted of a DUI, this often times results in the revocation of your license. However, in the state of Illinois, many first time offenders may receive supervision. Since supervision is not a conviction, this will not be a cause for revocation, but only if your first offense did not involve injury or other aggravating circumstances.

Unlike the suspension of a license, revocation can be forever. In order to get your license back, The Secretary of State requires that your record be clean, you must obtain a drug and alcohol evaluation, as well as treatment, and you must appear at your hearing.

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 Posted on September 02, 2014 in DUI/DWI

Although it may seem like more people recently are being arrested for driving under the influence (DUI), it should still be considered a serious offense that deserves the proper attention. Depending on the circumstances, an individual convicted of a DUI can face a substantial prison term, in addition to subsequent supervision and related costs and fines. Considering these potentially harsh penalties, it is advisable to consult with an attorney who is experienced in handling various types of DUI matters for those who are charged with the offense.

DUI Penalties

The sentencing guidelines for DUI offenses increase in severity depending on the circumstances surrounding the offense. The penalties are more severe for those convicted of multiple DUIs in the past than they are for a defendant who has been charged for the first time. Still, even those convicted of DUI for the first time can face a maximum of one year of incarceration and an additional six months if a child was in the car while the offender was operating it. Other factors, such as an accident, or the injury or death of another as the result of the DUI, would enhance sentencing structures, as well as lead to additional criminal charges.

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 Posted on August 28, 2014 in Illinois Laws

It seems criminal justice and related reform is on the minds of many Illinois officials as of late. According to a recent news article, Governor Pat Quinn recently signed a new law into effect in the state of Illinois that is aimed at helping criminal offenders obtain employment. On July 19th, he signed the Best Candidate for the Job Act, which reflected his latest efforts addressing issues that many prior defendants run into long after their criminal cases have concluded.

The New Law

Governor Quinn said the legislation is meant to help ex-offenders obtain jobs with private employers, which is essential to them becoming more productive members within the community. The new law requires job applicants to be seen as qualified for a job and selected for an interview before a potential employer can run a criminal background check. This act comes about a year after a similar measure was passed, offering the same protections to those applying for state employment.

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 Posted on August 26, 2014 in Criminal Defense

According to a news article by the Chicago Sun-Times, the Cook County sheriff’s office will be focusing its efforts on executing arrest warrants in Chicago. The media outlet reported that Cook County sheriff Tom Dart wants to ramp up efforts to catch individuals wanted on arrest warrants in connection with violent crimes that occurred in the city. It is law enforcement’s latest effort to address the problem of gun violence in Chicago.

Shift in Focus

In addition to executing arrest warrants in Chicago, the sheriff’s office is also said to be increasing its supervision of criminal defendants who have been released from prison and are currently on electronic monitoring. Previously, many sheriff’s officers were assigned to the area of south suburban Robbins to concentrate on reducing gun violence. Now, those efforts will be shifted to the city of Chicago. The office will be focused on Chicago warrants for a period of time in order to respond to recent crime trends. The sheriff’s officers who were deployed to Robbins reportedly made a difference, with crime in that area improving.

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 Posted on August 22, 2014 in Divorce

Annulments, also known in the state of Illinois as a Declaration of Invalidity of Marriage, is a way for a couple who wish to no longer be married to legally dissolve the marriage. However, there are things you should know about annulments and the special circumstances that must be met.

Specifically, in the state of Illinois, there are several grounds that must be in order to qualify for an annulment, as well as a time limit in which a case must be filed.

These grounds and time limits in the state of Illinois are as follows:

• Coercion and duress, or otherwise referred to as a "shotgun wedding." These annulment claims must be filed within 90 days.
• Mental incapacity, either due to mental incapacity, or drugs and alcohol. These annulment claims must be filed within 90 days.
• Fraud, which must involve the essentials of a marriage. These annulment claims must be filed within 90 days.

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 Posted on August 22, 2014 in Criminal Defense

A new housing ordinance was recently passed in the city of Pekin in an effort to help landlords address issues with problem tenants, as well as to deal with irresponsible landlords who ignore illegal activities that occur on their property. According to the new ordinance, renters in Pekin who commit crimes risk being kicked out of their rentals if they continue to engage in criminal behavior. Pekin is just one of several other communities in Illinois with similar ordinances.

Requirements

The new Crime Free Housing Ordinance requires a payment from landlords of $10, which will be used to help fund the program. The fee will reportedly help pay for educational classes and other costs associated with the program. It is not meant to generate a new funding source for the city. The fee will be a single fee per landlord, regardless of how many properties he or she owns. Other communities with similar ordinances charge landlords per housing unit.

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 Posted on August 19, 2014 in Weapons

We previously discussed Illinois’ new law on concealed carry permits in a past blog post. Since the law went into effect at the beginning of 2014, there has been a significant amount of controversy surrounding it. As a recent news article reported, there are now questions being raised and lawsuits being filed over the denial of applications for concealed carry permits.

Denying Applications

Some Illinois citizens who have applied for concealed carry permits and were subsequently denied are filing lawsuits against local law enforcement agencies. The reasons the applications were denied were allegedly not clear, but rather came in the form of objections from police that were reportedly kept relatively secret. As a result, the Illinois State Police announced that it plans to task a state review board with producing more information about why applications were rejected. Part of the board’s job will be to notify an applicant if it is likely their applications will be rejected so they have an opportunity to argue against the objection. Specifically, they will be notified of a credible objection and the basis of it, and will be notified of the agency that brought it. Their response is required within 10 days. These new rules have already taken effect in Illinois.

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 Posted on August 15, 2014 in Drug Charges

Some may be aware of the problem that links mental illness with crime in this country, but many likely do not realize the significance of the problem. The seemingly constant rise in the number of mentally ill individuals who are arrested for non-violent crimes poses a multitude of problems. On the societal level, jails are becoming more overcrowded as taxes are spent to house countless inmates, some of whom arguably are improperly imprisoned. On the individual level, mentally ill people are being punished for committing acts that they may not have otherwise committed if they were well. They often are not getting proper treatment for their condition in prison. A recent news article examined this problem further as it exists in Cook County.

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