Recent Blog Posts
What Actions Constitute an Order of Protection Violation in Illinois?
The state of Illinois has been encouraging people to stay at home in recent weeks to stop the spread of COVID-19, but for some, this new stay-at-home rule could mean an increase in domestic violence. It is frustrating to be cooped up at home, and in certain cases, these feelings could lead to a higher rate of abuse accusations. Some people may be wondering about their legal options during a stay-at-home order. Courts in Illinois are still open for business with modified hours to ensure that victims of domestic violence can file for orders of protection. If an emergency protective order is granted, an alleged abuser may be required to find another place to stay throughout the duration of the stay-at-home order. If an order of protection has been issued against you in Illinois, it is essential that you understand its stipulations to avoid criminal charges.
What Are the Consequences of Distracted Driving in Illinois?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 2,800 lives in 2018. Due to the danger it poses, states across the country are cracking down on motorists who engage in this type of behavior. Earlier this year, Illinois revised its law on distracted driving and, specifically, the use of cell phones while behind the wheel. Previously, the act of texting and driving was punished as a moving violation only for repeat offenders. The revised law now punishes first-time offenders with a moving violation in addition to fines and possible prison time depending on the circumstances.
Why Was the Change Made?
Distracted driving is one of the leading causes of accidents on the road, along with drunk driving and drowsy driving. The change to the law was made to help reduce the number of car crashes. Unfortunately, it does not seem to be helping, since studies show that so far in 2020, 15.6 percent of young motorists (18-24) admit to driving while on the phone. Additionally, 20 percent of these drivers admit to not being aware of the specific Illinois criminal law that makes texting and driving illegal.
Is Armed Robbery Charged Differently Than Robbery in Illinois?
An act of robbery becomes “armed robbery” when an offender carries and/or uses a weapon during the commission of the crime. Weapons may include firearms, knives, and other objects that can cause bodily harm to a victim. This is why armed robbery is classified as a violent crime with more severe punishments than simple robbery in Illinois. It is important to understand the difference between the two offenses and the consequences if you are accused of them. A skilled criminal defense attorney can explain your options for defending against these serious charges.
How Does Illinois Define Robbery?
According to Illinois law, robbery is the act of taking property from a victim using threats of violence. However, “property” does not include a motor vehicle, since that is covered in a separate law. Charges of robbery can be elevated to aggravated robbery when:
What Are the Laws for Carrying a Firearm in Illinois?
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:
What Are the Consequences of Identity Theft in Illinois?
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:
What Are the Penalties for DUI Convictions in Illinois?
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.
What Are the New Illinois Laws Regarding DCFS and 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:
Illinois Amends Restrictions to Student Medical Marijuana Usage
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:
What Are the Amendments to Illinois Traffic Laws For the New Decade?
Ringing in the new year meant saying “hello” to a brand-new decade, as well as several new laws and amendments to current laws. In total, Illinois welcomed over 250 new laws and tax adjustments starting January 1, 2020. Roadway safety was not immune to the new legislation, and some changes have been made in an effort to reduce the number of accidents and injuries in the state. Illinois increased the penalties for several traffic violations and made a few existing laws more specific to cover different types of traffic-related crimes.
Higher Fines for Breaking Traffic Laws
According to Illinois State Police, a total of 27 squad cars were hit by other vehicles during traffic stops in 2019. In two of these 27 collisions, two troopers were killed. This is why Illinois has increased the penalty for violators of Scott’s Law. This rule states that drivers must move over and give enough room to police vehicles that are stopped on the side of the road with their blue and red emergency lights flashing. The law also applies to other emergency vehicles, and if drivers cannot give at least one lane of room to a vehicle on the side of the road, they should slow down, provide as much space as possible, and proceed with caution.
What Are the Penalties for Driving Without a Valid License in Illinois?
It is an exciting right of passage for minors who are 15 years old to begin their journey to earn a driver’s license. All states require drivers to legally obtain a driver’s license or learner's permit before getting behind the wheel of a motor vehicle. A license is proof that a motorist completed the necessary coursework and tests for driving. It is also a useful tool for identification purposes. In case a driver is stopped by the police, he or she must show his or her license to the officer. However, if a license becomes invalid, or if a person decides to drive without the required identification, he or she can face misdemeanor punishments for a traffic violation.
Why Is a License So Important?
It is an automatic penalty if anyone is pulled over and cannot produce a driver’s license. Even if a driver has a license, but it is not physically on him or her at the time of the traffic stop, he or she can be fined $500. This charge can be taken to court, and the fine can be dropped if the driver provides the license. In addition, drivers who refuse to produce a license at the time of a traffic stop will also be fined $500 and charged with a petty offense.
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