Recent Blog Posts
What Are the Consequences of Kidnapping Charges in Illinois?
There are many different ways a person can be charged with kidnapping, and contrary to how it sounds, kidnapping can happen to both children and adults alike. An individual can be taken by someone he or she knows or does not know for ransom, or worse, to be tortured or killed. This is why kidnapping is considered a violent crime.
Illinois law defines kidnapping as a person knowingly doing any of the following acts:
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Secretly confining another person against his or her will.
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Forcibly transporting another person with the intent to confine him or her against his or her will.
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Inducing another person from one place to another with the intent to confine him or her against his or her will.
Is Recreational Marijuana Still Illegal in Illinois?
At the end of May, it was announced that Illinois lawmakers passed a bill that would legalize recreational marijuana use in Illinois. However, the law will not change until January 1, 2020. So the short answer is: Yes, recreational marijuana is still illegal in Illinois for now.
Possession of marijuana (as well as using, selling, and trafficking) is still punishable as a drug crime in Illinois for the rest of 2019. If someone is caught with marijuana, the punishment severity increases with the amount of the drug:
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Possession of 10-30 grams of marijuana is a Class A misdemeanor for first offenses punishable by one year in prison and a fine of up to $2,500. A subsequent charge is considered a Class 4 felony punishable by one to six years in jail and a fine of $25,000.
What are the Penalties for Assault Charges in Illinois?
According to Illinois law, a person can face assault charges if he or she takes part in an act that puts another person in danger of battery. Battery is defined as one person causing bodily harm to another person and making physical contact that is not authorized by another person. While the acts of assault and battery are alike, they are two separate violent crime charges in Illinois. A person can be charged with one or both of the charges, and they may face serious punishments as a result of these crimes.
How Does Aggravated Assault and Battery Differ from Simple Charges?
Aggravated charges of battery or assault result in more severe punishments, because the crime is considered worse than just a simple charge. According to Illinois law, aggravated battery is the act of causing bodily harm or permanent disfigurement to another person as a result of unwanted or confrontational physical contact. Someone can also be charged with aggravated battery or aggravated assault when:
Can You Be Convicted of Burglary Charges Without Property Theft?
In Illinois, burglary and robbery are two different offenses based on the situation. A person can be charged with robbery if property has been stolen from a home or business. According to Illinois law, a burglary charge is what is issued even if no property is taken.
Burglary is defined by Illinois law as entering a building, car, boat, airplane, or motorhome with the intent of stealing property. An act of burglary then becomes an act of robbery when property is physically taken by force.
Burglary Punishments
There are numerous ways a person can commit burglary, and each circumstance can result in a felony conviction. The severity of the punishment is determined by whether the alleged robbery damaged any property during the event.
- Class 3 Felony: Is charged when there has been no damage to a household, building, car, airplane, boat, or motorhome.
Defending Against Retail Theft Charges in Illinois
Instances of retail theft can be devastating to a business over time, which is why shop owners and mall operators take security and the prosecution of shoplifting seriously.
Illinois law recognizes retail theft as:
- Taking possession of any sale item without paying the retail price;
- Moving a product out of its original container so as not to pay full price on the item;
- Altering or removing a price tag on an item to pay a lesser price;
- Removing shopping carts from the premise of a store;
- Declaring false ownership of a product that has not yet been purchased;
- Use or possession of a theft detection shield; and
- Maintaining unauthorized control of another’s property.
Retail theft can be charged as a misdemeanor or felony depending on the total value of the merchandise in question. If the value is under $300, a suspect is charged with a Class A misdemeanor and fined up to $2,500, with up to a year of incarceration. Items valued at over $300 result in a Class 3 felony charge, punishable by up to five years in prison and fines up to $25,000.
Penalties for Marijuana Possession and Trafficking in Illinois
While Illinois legalized medical marijuana in 2013, the possession and sale of cannabis by non-registered users remains illegal. These drug charges can have a serious impact on your life, including your employability, your ability to secure loans, and child custody arrangements. Felony charges also carry mandatory minimum sentencing and heavy fines.
Cannabis Possession in Illinois
Like many states, the penalties for simple possession of marijuana have lessened in Illinois in recent years. If you are caught by law enforcement with 10 grams (.35 ounces) or less, it is a civil violation with a maximum fine of $200. Possession of 10 to 30 grams as a first offense is a misdemeanor charge, which can be punished by up to a year in jail and $2,500 in fines. Possession of any amount greater than 30 grams (1.06 ounces) constitutes a felony in Illinois. Penalties range from one to six years of incarceration for 30 to 500 grams (1.1 pounds), to four to 30 years for more than 5,000 grams (11 pounds). Felony possession fines cap at $25,000.
How to Resolve Divorce Disputes Through Mediation
While most divorces come with significant stress and intense disagreement, the divorce process does not have to be an all-out war. Even couples who do not currently get along can make divorce less combative, time-consuming, and expensive by avoiding courtroom litigation. One way to accomplish this is through divorce mediation.
Divorce Mediation Process
In divorce mediation, spouses reach agreements on the provisions contained in their divorce decree by utilizing a third-party mediator. Divorcing couples do not have to be on ideal terms in order for mediation to be successful. They only need to enter the process with a positive mindset and a willingness to find common ground. A skilled divorce mediator will bring extensive knowledge of Illinois divorce law to the table, along with an ability to settle disputes effectively. This means keeping personal conflicts out of the mediation sessions and focusing solely on the business at hand. A mediator’s job is not to be a couple’s counselor. It is to achieve agreements that benefit both parties in their post-divorce life. That said, an adept touch in defusing potential arguments is a beneficial trait for a mediator to have. Divorce mediators address all issues relevant to spouses in crafting a divorce agreement. This includes the division of marital property, child custody, child support, and spousal maintenance. Spouses can adhere to exact state guidelines when it comes to asset division and future payments, or they can create their own arrangements specific to their situation. In mediation, a couple has complete control over what happens. In divorce litigation, it is the exact opposite, as a judge will base decisions on the information provided, with little room for nuance. For couples who have children together, divorce mediation can be the first step toward successful co-parenting. It reduces the amount of anger and resentment involved in the divorce process. By working together, you set a standard of cooperation, and your children are spared the negativity that often emanates from prolonged courtroom battles.
What Are the Consequences of a Speeding Violation in Illinois?
Generally, we like to drive to our daily destinations as fast as we can, and sometimes, there are reasons we need to be quick. Unfortunately, exceeding the posted speed limit can result in a driver being pulled over and issued a speeding ticket.
Speeding is a traffic violation that can have serious consequences. According to the Illinois State Police, 32 percent of all fatal car accidents are caused by drivers disobeying the speed limits. In some cases, speeding violations occur because of driver ignorance, but in others, drivers may violate speed limits because of the lack of proper signage on the road. Drivers should be sure to understand the traffic laws in Illinois and the potential penalties for a violation.
How Fast Should I Be Driving?
Each type of road has a maximum speed limit under Illinois law. If there are no speed limit signs present, drivers are responsible for knowing the proper speed based on the type of road and the conditions they encounter. The speed limits for different kinds of roads in Illinois include:
Dangerous, Unsecured Loads Can Lead to Devastating Injuries for Other Road Users
Illinois state law requires that truck loads be secured in a safe fashion to reduce the risk of debris injuries among other road users. Federal regulations that govern the trucking industry have this same requirement - but not all loads are carried by federally regulated vehicles. Anyone can haul a load of furniture or a dishwasher across town, and if they fail to secure it properly, it can lead to devastating injuries for other road users.
Unsecured Load Accidents Extremely Common in the United States
According to statistics from the American Automobile Association (AAA), truck debris was a factor in more than 200,000 crashes over a four-year period. Two-thirds of those accidents were involving improperly secured loads. That is just for the federally registered vehicles on the road.
Pickup trucks, vans, suburbans, and cargo vehicles carry unsecured loads as well.
Planning a Defense Against Domestic Violence Charges
A number of crimes fall under the blanket of domestic violence in Illinois law, including physical abuse, harassment and threats, and more. In order for charges to qualify as domestic violence, the crimes must have been committed against someone with whom the alleged perpetrator has a close relationship, like a spouse or former spouse, a parent or child, or a current or prior live-in partner.
If you have been charged with domestic violence, you need to get in touch with a criminal defense attorney as soon as possible. You should not talk to police on your own. Instead, wait until you have proper legal representation before engaging in any conversation with law enforcement about the matter.
First Steps in Dealing with Domestic Violence Charges
The first move after being accused of domestic violence may seem obvious, but it is all too often ignored. Ideally, you should cut off communication with the alleged victim as much as possible. The situation is no doubt a tense one, whether you committed a violent act or not, so it is best to avoid any additional problems.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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