Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

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Plainfield, IL gun charges defense attorney

Gun control is a hot topic these days, and gun laws throughout the country differ from state to state. It takes a long time to become eligible for a concealed carry license in Illinois. The state processes each applicant thoroughly to make sure weapons do not end up in the hands of dangerous people. Once they have their firearms license, some people think that they are free to carry a gun wherever they like, but this is not the case. It is important for Illinois gun owners to know there are certain places that are off-limits to guns, and most of them are clearly marked, so gun owners know to leave their firearm in their car or at home. In addition, punishments for weapons violations vary depending on the number of offenses against a person’s record.

Where Can I Purchase a Concealed Carry Firearm?

Illinois law allows citizens to purchase firearms from a licensed dealer or a private seller. Several steps must be taken when someone chooses to buy from a Federal Firearms Licensed Gun Dealership, such as the following:

  • Customers must present a Firearm Owner’s Identification (FOID) card.

  • Customers must verify local gun ordinances.

  • Customers must pass a background check from the Illinois State Police.

  • Customers must abide by the waiting period required by Illinois gun laws.

  • After purchase, the gun must be unloaded and secured for transport.

Private sellers also have rules that they must obey any time they sell a firearm. The biggest difference between a federal dealer and a private dealer is that if an unlicensed customer requests the purchase of a firearm, the private seller must obtain approval from the Department of State Police before selling the gun.

What Places Are Off-Limits to Carry Concealed Firearms?

There are many places in which people can carry a firearm, including restaurants that serve alcohol, national parks, in a vehicle, and in a place of worship, unless an establishment is marked with a “no firearms” sign. However, Illinois does not allow guns in the following locations:

  • On public transportation

  • Roadside rest areas

  • In or near schools, including school parking lots

  • Public playgrounds or parks

  • Government buildings

  • Cook County forest preserves

  • Private property

A first-time violation of carrying a weapon within a restricted area is punished as a Class B misdemeanor, while second and subsequent violations are elevated to Class A misdemeanors. Illinois State Police may suspend a gun license after two firearms offenses and permanently revoke a license for more than three weapons violations.

Contact a Joliet, IL Weapons Defense Lawyer

Part of the responsibility of owning a gun is knowing the laws pertaining to weapons. However, mistakes can happen, and a gun owner can be punished for an offense he or she did not intentionally commit. The skilled legal team at the Law Offices of Tedone & Morton, P.C. has experience defending against many different types of weapons charges. Our knowledgeable Will County criminal defense lawyers can make sure you do not lose your concealed carry license because of an oversight. To schedule a free consultation, call our office today at 815-666-1285.

 

Sources:

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/il-gun-laws/#loc_res

https://www.isp.state.il.us/docs/firearms052104.pdf

http://concealedcarryandme.com/regulations-and-penalties/

 

Will County identity theft defense attorney

Scammers are at work every day attempting to steal from hard-working people, young people, and even elderly people. The crime of identity theft can cause a victim to endure significant financial hardship. Identity thieves can strike when they are least expected. They can get their information via the Internet -- by tricking a victim into sending personal information through an email -- or even by searching through trash cans to find documents with personal information. It is important to understand how Illinois defines identity theft if you or someone you know is facing these criminal charges. 

How Does Illinois Define Identity Theft?

Illinois law describes a wide range of crimes that can be classified as identity theft. The punishments that follow can alter an offender’s life forever because of the serious outcomes of committing the crime. According to Illinois law, a person commits an act of identity theft if he or she:

  • Uses another person’s identifying information to obtain goods, money, and/or services or to commit another type of felony

  • Obtains another person’s identifying information and then sells or transfers that data to another person who is intent on committing a crime

  • Uses another person’s identifying information when he or she knows that the data has been stolen

  • Possesses equipment that can create false identifying information or documents

  • Uses another person’s identifying information in order to gain access to more personal data

Most of these crimes are punished as felonies, with penalties increasing in severity depending on the circumstances of the offense and the stolen property’s value, as shown below:

Class 4 Felony - One to three years in prison and a fine up to $25,000:

  • Theft of property, money, goods, or services not exceeding $300 in value

Class 3 Felony - Two to five years in prison and a fine up to $25,000:

  • If an offender convicted of identity theft under $300 in value has previously been convicted of any type of theft, robbery, of burglary

  • If an offender is convicted of identity theft under $300 in value when the victim is an active member of the U.S. Armed or Reserve Forces

  • Theft not exceeding $2,000 in value

Class 2 Felony - Three to seven years in prison and a fine up to $25,000:

  • If an offender is convicted of a subsequent act of identity theft under $300 in value against an active member of the U.S. Armed or Reserve Forces

  • Theft not exceeding $2,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

  • Theft not exceeding $10,000 in value

Class 1 Felony - 4 to 15 years in prison and a fine up to $25,000:

  • Theft not exceeding $10,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

  • Theft not exceeding $100,000 in value

Class X Felony - 6 to 30 years in prison and a fine up to $25,000:

  • Theft not exceeding $100,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

  • Theft exceeding $100,000 in value

Aggravated identity theft may charged when an offender’s victim is a person over 60 years of age or if the offender committed the crime as part of gang activity. Depending on the value of the property stolen, aggravated identity theft may range from a Class 3 felony to a Class X felony.

Contact a Joliet, IL Criminal Defense Attorney

If you or a loved one is being investigated for identity theft, it is crucial to hire a lawyer who can make sure your rights are not being violated. The attorneys at the Law Offices of Tedone & Morton, P.C. have extensive experience defending all types of white collar crimes, including the different classes of theft. To schedule a free consultation with a Will County identity theft defense lawyer, call our office today at 815-666-1285.

 

Sources:

https://www.consumer.gov/articles/1015-avoiding-identity-theft#!what-to-know

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

 

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Will County drunk driving defense attorney

Driving under the influence of alcohol or drugs is always dangerous, and it can lead to victims being injured or killed in car accidents. Drunk driving can lead to many serious punishments, even for a first offense, including loss of driving privileges, prison time, and costly fines. Drivers who are convicted of multiple DUIs may face felony charges. The state of Illinois has a "Zero Tolerance" law for minors -- those under the legal drinking age of 21 years -- who drive impaired. This means that an underage driver who is caught driving with any trace of alcohol in his or her system can be charged with DUI, even if his or her BAC is less than .08 percent. As for adults, multiple DUI convictions carry even harsher criminal penalties.

DUI Punishments for First and Subsequent Offenses

First and second DUI convictions are charged as a Class A misdemeanor, but first offenders are given less harsh punishments than second offenders. For a first DUI conviction, a driver will face revocation of their license for one year, possible community service hours (100 in total), and fines up to $2,500, depending on the nature of the offense.

Second DUI convictions are given punishments of mandatory prison time of five days or 240 hours of community service. On top of that, drivers will have their license revoked for five years if their second conviction falls within 20 years of their first.

Subsequent DUI convictions are classified as aggravated DUIs and are punished by:

  • Third conviction: A Class 2 felony punished with revocation of driving privileges for 10 years. Depending on the nature of the offense, drivers could also face a prison term of up to 90 days and fines up to $25,000.

  • Fourth conviction: A Class 2 felony punished with permanent revocation of driving privileges and possible fines up to $25,000.

  • Fifth conviction: A Class 1 felony punished with permanent revocation of driving privileges and possible fines up to $25,000.

  • Sixth conviction: A Class X felony punished with permanent revocation of driving privileges and possible fines up to $25,000.

Whenever a child is a passenger during a DUI incident, the driver may also be required to complete a certain amount of community service hours with an organization that benefits children.

Other Consequences Resulting from DUI

Unfortunately, drivers who travel impaired may not notice other motorists sharing the road, and devastating collisions can occur. If a victim is killed after being hit by a drunk driver, the offense will be charged as reckless homicide. If convicted, the driver will face a minimum of two years in prison and possibly more, depending on the circumstances of the incident. 

Drivers convicted of DUI can face many other consequences to their life, such as the following:

  • A DUI conviction stays on a driver’s permanent record.

  • The driver could miss work if he or she cannot drive and possibly lose his or her job.

  • The driver may be required to drive with a restricted license and/or utilize a Breath Alcohol Ignition Interlock Device (BAIID).

  • The driver may be required to carry high-risk auto insurance for three years.

  • The driver can have his or her vehicle registration suspended.

A DUI offender can also see his or her car impounded if he or she drives drunk without insurance, without a valid license, while his or her driver's license is suspended, or with a previous reckless homicide conviction.

Contact a Joliet, IL Criminal Defense Attorney

Driving drunk is never a good idea, because it can lead to serious ramifications, including fatal accidents. However, depending on the circumstances of the traffic stop, a driver may face charges that are based on insufficient evidence or improper police procedures. The skilled legal team from the Law Offices of Tedone & Morton, P.C. can help defend against any charges that violate a driver’s rights. To schedule a free consultation with our diligent Will County DUI defense lawyers, call our office today at 815-666-1285.

 

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

 

Plainfield, IL domestic violence defense attorney child abuse

In response to news about several children who were killed by family members in 2019, the state of Illinois has made several updates to the laws that went into effect on January 1, 2020. These new rules address situations involving child abuse, and they are intended to make children safer when they are returned to the custody of a parent or guardian from foster care.

Child abuse is automatically considered aggravated battery in Illinois, a criminal offense that can be punished as a Class X felony. Abusers can face up to 30 years in prison, making aggravated battery of children one of the most severe crimes in Illinois.

Child Abuse Prevention in Illinois

Illinois classifies both child abuse and neglect as domestic violence. Most commonly, abuse is physical violence against a child, but it can also mean:

  • Deliberate harm to a child’s emotional or mental health

  • Purposeful disfigurement of a child

  • Putting a child at risk of physical harm or death

  • Committing or failing to stop sexual abuse against a child

  • Withholding nutrition, safety, or medical treatment from a child

  • Abandoning a newborn baby

To help protect children from abuse by parents, family members, or other people in their lives, Illinois passed laws that give the Department of Children & Family Services (DCFS) more guidelines when investigating allegations of child abuse. DCFS is required to investigate every allegation of child abuse that is reported. As of January 1, 2020, if a child is allegedly being abused by a non-relative, DCFS must immediately call the police to assist in the investigation. Also, DCFS must notify the Department of Public Health if they receive a report that a child has been abused or neglected while undergoing treatment in any medical facility.

In cases of parental abuse against children, DCFS will now be required to complete a home checklist within 24 hours of a child returning to his or her home. This is to ensure that a child will no longer be harmed. Additionally, DCFS caseworkers will provide services and check-ins up to six months after a child is returned to a potentially abusive household.

Understanding Mandated Reporters’ Duties

A “mandated reporter” is someone who is responsible for reporting child abuse. In certain cases, children may talk to someone outside of the family unit if abuse is taking place. In other instances, a person may recognize signs of abuse, such as cuts or bruises. Either way, mandated reporters must report any suspicions of abuse to DCFS.

People who are mandated reporters include:

  • Teachers

  • Doctors

  • Social workers

  • Nurses

  • Daycare workers

  • Psychologists

  • Law enforcement officers

If a mandated reporter fails to report suspicions of abuse, he or she can be charged with a Class A misdemeanor. On the other hand, if a person knowingly files a false report of child abuse, the mandated reporter may then be charged with a Class 4 felony. 

Contact a Joliet, IL Domestic Violence Attorney

All children deserve to be raised in loving and nurturing environments, but unfortunately, this is not always the case. Sometimes, the whole family can be jeopardized if a false allegation of child abuse is made. The skilled attorneys of the Law Offices of Tedone & Morton have experience in defending clients who are wrongly accused of domestic violence, and we can work with you to help you keep your family together. To schedule a free consultation with a Will County criminal defense lawyer, call our office today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32

https://www.nbcchicago.com/news/local/chicago-politics/new-illinois-laws-going-into-effect-in-2020/2191493/

Will County drug charges defense attorney medical marijuana

Two years ago, Illinois passed legislation called “Ashley’s Law,” which made it legal for minors to take doses of medical marijuana on a school campus or during after-school activities. Of course, a doctor’s prescription is necessary in these cases to avoid any drug charges. Along with the many new Illinois laws that took effect at the start of 2020, Ashley’s Law was amended to have fewer restrictions. This was done to make it easier for sick children to get their medicine during school hours.

How Was Ashley’s Law Amended?

Illinois passed Ashley’s Law after a young Schaumburg student and her parents fought in federal court for her right to take medical marijuana in school to combat a seizure-related condition. Thanks to her, minor students are able to receive on-campus treatment for a variety of medical conditions, including:

  • Autism

  • Chronic pain

  • Migraines

  • Anorexia nervosa

  • Epilepsy

  • Osteoarthritis

When the law first went into effect, the stipulation was that only a designated caregiver who is registered in the Medical Cannabis Pilot Program -- typically a parent -- could administer the medication to the minor in need of it.

Medical marijuana also could not be stored on school grounds. It would have to be taken off-campus immediately after the minor took the prescribed dose. The 2020 amendment stated that a school nurse now has the right to administer medical marijuana to the minor. Alternatively, the minor can self-medicate in the presence of the school nurse.

Additionally, the nurse is required to keep the medicine in his/her office along with all other medications until the minor comes in for a scheduled dose. These changes make it easier and more convenient for a minor patient to receive the medicine he or she needs to stay healthy.

Rules Now that Recreational Marijuana Is Legal

It is still important for a minor child to take only the prescribed dose of medical marijuana. Caregivers can legally purchase more cannabis; however, a minor who is taking the drug for medical purposes should always take the prescribed dose. While Illinois has legalized the use of marijuana for recreational purposes, minors are not allowed to purchase marijuana on their own. Those over the age of 21 can purchase the drug from any licensed dispensary in the state. Breaking the new marijuana law can result in an offender facing civil charges in addition to paying steep fines.

Contact a Joliet, IL Criminal Defense Attorney

Even with the new 2020 laws in place, there are still several rules that must be followed when it comes to marijuana usage in Illinois.  A mistake of fact is possible, which can lead to consequences if minors or their caregivers are falsely charged with a drug crime. The lawyers at the Law Offices of Tedone & Morton, P.C. can defend your child’s rights to possess and use the medicine needed to treat his or her condition. To schedule a free consultation with a Will County drug charges defense lawyer, call our office today at 815-666-1285.

 

Sources:

http://www.dph.illinois.gov/sites/default/files/publications/ashleys-lawschoolsfaqs-10262018.pdf

https://www.thetelegraph.com/news/article/Pritzker-expands-medical-marijuana-14301640.php

https://www.illinoispolicy.org/what-you-need-to-know-about-marijuana-legalization-in-illinois/

 

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