Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

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Joliet, IL shoplifting lawyer

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.

Retail Theft Defense Strategies

The decision to press charges is up to the store operator where the alleged incident took place. Some will show leniency if the merchandise is returned, while others will seek prosecution. If the case does go to court, an experienced criminal defense attorney can investigate the facts of your case to build an effective defense. This may include:

Ownership mistake: The defense can make a case that the alleged theft was simply a case of mistaken ownership. Shoppers often return to a shop with a product purchased from the same store, and when they go to leave, the merchant may think the customer is trying to steal something they had already purchased.

Lack of intent: A suspect can give testimony that they accidentally left a shop with items they had not purchased. This sometimes happens when a person is shopping for many items and things become cluttered.

Entrapment: Evidence may suggest a suspect was framed by someone else. This must be proven beyond a reasonable doubt.

Impaired mental state: If the suspect was under the influence of drugs or alcohol, it could be illustrated that they were unable to recognize the crime they were committing. Also, if someone suffers from a mental disability, the defense can argue that the suspect was not aware that what they were doing was wrong.

Contact a Joliet, IL Retail Theft Lawyer

If you have been charged with shoplifting, the Law Offices of Tedone and Morton, P.C. can help achieve the best possible outcome in your case. Contact a Will County shoplifting defense attorney at 815-666-1285 for your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+10&ActID=1876&ChapterID=0&SeqStart=39600000&SeqEnd=40100000

https://statelaws.findlaw.com/illinois-law/illinois-shoplifting-laws.html

 

Plainfield traffic violation attorney speeding ticket 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:

  • 65 miles per hour on interstate highways and some four-lane highways outside urban areas
  • 55 miles per hour on other highways outside urban areas
  • 30 miles per hour on urban roads
  • 15 miles per hour in urban alleys

These speed limits should be followed at all times. In addition, there are some exceptions that can change the legal speed limits, including:

  • Construction zones: Illinois law says that motorists should reduce their speed and change lanes to provide safety for workers. At some construction sites, signs are posted stating the consequences of hitting a worker to remind drivers to reduce their speed.
  • Emergency vehicles: When a driver is approaching an emergency vehicle, they are required to reduce their speed and change lanes to accommodate the vehicle. If there is an ambulance approaching, drivers should pull over to the right lane to give the ambulance as much room as possible.
  • School zones: While the speed limit in residential areas is typically 35 miles per hour, during the hours of 7 a.m. and 4 p.m. on weekdays, drivers are required to drive 20 miles per hour in a school zone. They must also yield to children who are crossing the road.
  • Funeral processions: Motorists must yield to cars in a funeral procession and must never drive between the cars marked as part of a procession. Cars will have an orange sticker in their windshield with their emergency blinkers lit so other motorists will know they are part of the procession.

What Happens if I Am Pulled Over for Speeding?

Illinois police typically use a hand-held radar device for measuring the speed of motorists as they pass. If the speed measured exceeds the speed limit, an officer may pull the driver over and issue a ticket based on how fast the driver was traveling. Violations will typically result in fines, and multiple violations can result in the suspension of a person’s driver’s license. In some cases, a driver may face criminal charges and jail time if another person is injured or killed in a collision that was caused by speeding.

The consequences for a speeding violation in Illinois are:

  • 1-20 miles per hour over the speed limit is a $120 fine.
  • 21-25 miles per hour over the speed limit is a $140 fine.
  • 26-34 miles per hour over the speed limit is a Class B misdemeanor, which can be punished by up to six months in jail and a maximum fine of $1,500.
  • 35 miles per hour or more over the speed limit is a Class A misdemeanor, which can be punished by up to one year in jail and a maximum fine of $2,500.

Contact a Will County Traffic Violations Lawyer

Drivers can make mistakes, even when they are taking the proper steps to follow the rules of the road. If you are facing a traffic violation that affects your license and your ability to drive, a Joliet traffic ticket lawyer from Law Offices of Tedone and Morton, P.C. can examine your case and help you build a defense. For your free consultation, call our office at 815-666-1285.

Sources:

  • http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh
  • https://www.isp.state.il.us/traffic/speedlimitenf.cfm
  • https://www.drive-safely.net/illinois-speed-limit-laws

Joliet car accident attorney cell phone use In recent years, the number of tickets issued to drivers who are pulled over for using a cell phone while behind the wheel has skyrocketed. As a result, the state of Illinois is amending its laws to make cell phone usage a moving violation on the first offense. According to the original law, first offenses of distracted driving - including driving while using a cellular device - would be punishable by a $75 fine but would not be a moving violation. Any offense after the first would be considered a moving violation and include a fine; a second offense would result in a $100 fine, a third would be a $125 fine, and a fourth would be a $150 fine. Under the amended law, a first offense will be considered a moving violation. This law will go into effect on July 1, 2019, and it is intended to keep drivers more alert while operating their motor vehicles. Should an accident occur while a driver is using their phone, that individual can be convicted of a misdemeanor if another party involved suffered bodily injury from the accident. The violation will result in a felony if the distracted driver causes an accident that kills the other person involved.

How Can I Stay Safe While Driving?

It is always best if a driver can avoid any device usage while behind the wheel of a motor vehicle. While the use of a cell phone, including texting while driving, is prohibited, Illinois law does allow drivers to make calls when a phone is in hands-free mode, including while using a Bluetooth headset or earpiece. Cell phone usage is not the only way a driver can become distracted while on the road. Things such as eating, applying makeup, shaving, adjusting mirrors and seats, or conversing with a passenger can cause a driver to take their attention off the road, which could result in an accident. The Illinois State Police have provided several safety tips that can help drivers avoid accidents:

  • If a call or text is so urgent that it cannot wait, pull to the side of the road and apply the car’s emergency blinkers to allow traffic to continue on safely.
  • Adjusts your seats and mirrors before getting on the road.
  • Pull over when you have to take care of your child.
  • Pull over to eat any meals.

Contact a Will County Distracted Driver Accident Lawyer

Drivers who use cell phones while driving put everyone on the road at risk, and they should be held responsible for the injuries caused by their recklessness. If you or someone you know has been injured in a motor accident involving a distracted driver, a Joliet personal injury attorney at Law Offices of Tedone and Morton, P.C. can help you receive the compensation you deserve. Call our office at 815-666-1285 to schedule your free consultation. Sources:

  • http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0858
  • https://www.isp.state.il.us/traffic/distractdrive.cfm
  • https://www.isp.state.il.us/docs/1-230.pdf

Will County motorcycle accident attorney Now that the cold winter has finally ended, more and more motorcyclists will be coming out to enjoy the warmer climate. Since the roads must be shared by motorcyclists and other drivers, motorcycle accidents can inevitably happen. These collisions can occur because of negligence or ignorance by either party involved. Motorcyclists are not always at fault when accidents occur, and a driver’s failure to see a motorcycle is often a factor in motorcycle accidents. A primary reason motorcyclists are involved in accidents is because motorists are unaware of what a motorcyclist can and cannot do on the road. Another is that drivers often become distracted - whether from using a cell phone, eating, smoking, or another reason - when they should be focusing on the road ahead of them. Like motorists, motorcyclists have laws that they have to abide by. In Illinois, motorcyclists are expected to:

  • Not lane split
  • Have mirrors on the front of their vehicle
  • Use a muffler
  • Wear protective eye gear
  • Be visible by wearing proper clothing and using a front headlight
  • Signal properly with brake lights and position within a lane
  • Be prepared and alert to all surroundings

As a Motorist, How Can I Help Keep Motorcyclists Safe?

Everyone who uses the road is expected to be vigilant of their surroundings. Motorists should take extra care when sharing the road with motorcycles. Some helpful tips to avoid collisions with motorcycles include:

  • Always check twice: If you are turning left onto a road, check once for traffic and again to make sure there are not any motorcycles coming. Often, motorcycles can be hidden behind other vehicles, so it pays to take a turn slowly.
  • Check your blind spot: When you are changing lanes, check your mirrors, but also glance over your shoulder to make sure there is not a motorcycle in your blind spot.
  • Give them extra room: Illinois law says to stay at least a full car length behind another vehicle to avoid fender benders. For motorcyclists, a vehicle should stay even farther back, since motorcycles are able to brake more quickly than cars.
  • Think ahead: Now that the weather is nicer, drivers are likely to experience an influx of motorcyclists on the road. If you are prepared for how to drive around motorcycles, you will not be surprised when you come across them.

As a Motorcyclist, What Can I Do to Avoid a Collision?

According to the 2018 Illinois Motorcycle Operator Manual, a motorcyclist can avoid an accident in three ways:

  • Making quick stops
  • Swerving or turning quickly
  • Cornering

In Illinois, motorcyclists are also expected to be more careful when driving on uneven or slippery surfaces. This includes the use of both brakes on the motorcycle, proper signaling with an indicator, and driving more slowly.

Contact a Joliet Personal Injury Attorney

Even when taking these safety measures, accidents can happen. If you are a motorist or motorcyclist who has been involved in an accident, the Will County motorcycle accident lawyers of Law Offices of Tedone and Morton, P.C. can help you. Call our office at 815-666-1285 to schedule your free consultation. Sources:

  • http://driving-tests.org/illinois/illinois-motorcycle-manual/
  • http://americanmotorcyclist.com/Rights/State-Laws-Database/state/il
  • http://drive-safely.net/motorcycle-safety-tips

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Plainfield divorce mediation lawyer 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.

Choose a Plainfield, IL Family Law Attorney

At Law Offices of Tedone and Morton, P.C., we are prepared to help you navigate the divorce process, regardless of the level of disagreement between you and your soon-to-be ex-spouse. Our experienced Will County divorce mediation attorneys know how to bridge the gap between couples to create an effective divorce decree. To learn more about how we can help you today, call us at 815-666-1285 for a free consultation. Sources:

  • http://huffpost.com/entry/divorce-mediation-myths_n_831334
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