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:

• 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.

• Possession of 30-500 grams of marijuana is a Class 4 felony for first offenses punishable by one to six years in jail and a fine of $25,000. A subsequent charge is considered a Class 2 felony punishable by two to five years in jail and a $25,000 fine.

• Possession of 500-2,000 grams of marijuana is a Class 3 felony punishable by 2-10 years in prison and a fine of $25,000.

• Possession of 2,000-5,000 grams of marijuana is a Class 2 felony punishable by 3-14 years in prison and a fine of $25,000.

• Possession of over 5,000 grams of marijuana is a Class 1 felony punishable by 4-30 years in prison and a fine of $25,000.

Medical marijuana is the only type of weed that is legal in Illinois until 2020, and a doctor’s recommendation must prove that it is medically necessary for the person in possession of it.

What Is the Plan for 2020?

According to a report printed by the Chicago Tribune, Illinois will have 55 recreational marijuana dispensaries across the state for people over the age of 21 to purchase the drug. Additionally, those dispensaries will have the right to open a second location for the sale of marijuana. All told, Illinois could have over 100 locations for people to purchase marijuana.

Another report from Channel 5 in Chicago detailed that Illinois residents would be limited to possessing up to 30 grams of marijuana at a time. The report went on to say that only people who use marijuana for medical purposes may grow the cannabis plants in their home, so long as it is out of the public eye.

The new bill will also benefit anyone who was convicted in the past for possessing less than 30 grams of marijuana. Those persons may be able to have their drug crime history erased through the governor’s clemency process.

Contact a Joliet, IL Drug Crimes Lawyer

While Illinois has passed a law to legalize marijuana, it will not go into effect until January 2020. This means there are still several months left in which recreational marijuana is still illegal in Illinois. If you or someone you know is being charged with possession of marijuana, the attorneys at the Law Office of Tedone & Morton, P.C. can help build a defense strategy and work to avoid any negative outcomes. To schedule a free consultation with a Will County criminal defense lawyer, call 815-666-1285. 

Sources:

https://norml.org/laws/item/illinois-penalties

https://www.chicagotribune.com/business/ct-biz-where-to-buy-marijuana-in-illinois-20190603-story.html

https://www.nbcchicago.com/blogs/ward-room/legal-weed-pot-marijuana-illinois-things-to-know-510678831.html?fbclid=IwAR3brtIGmjElzN5AYLhC9W2R4ygxQk_4leiEnfBKEdrflZEUHYX38TANTNY

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:

• The victim of the assault is a government employee, police officer, or firefighter.

• The alleged assaulter uses flammable or caustic material to cause bodily disfigurement.

• The victim of the assault is over 60 years old or has a physical disability.

• The victim of the assault is a teacher or school employee, and the crime occurs on school property.

An act of simple battery is charged as a Class A misdemeanor. Most aggravated battery charges are Class 3 felonies, but a charge can be elevated to a Class 2 felony if the victim is over 60 years old, a peace officer, or the assaulter knowingly puts the victim in contact with blood, urine or other substances.

The charges can be further elevated to a Class 1 felony if the battery was intentional or is considered severe torture of the victim. Finally, the charges can be elevated to a Class X felony if a firearm is used during the battery. As a result of the conviction, a person can face up to 30 years of jail time. If any prior violations have occurred, a person can face up to 60 years in jail.

If someone is charged with a simple assault charge in Illinois, they will face a different punishment than a battery charge. Simple assault is a Class C misdemeanor and can be punishable with jail time of up to 30 days, a fine of up to $1,500, and/or up to 120 hours of community service.

Aggravated assault is a Class A misdemeanor, which is punishable by one year in prison and/or a $2,500 fine. If weapons were used in the assault, the alleged assaulter faces a Class 4 felony, which is punishable by a prison term of 1-3 years, a fine of $25,000, or both.

Defense Strategies for Assault Charges

If you have been charged with assault or battery, you may be able to defend against these charges by claiming that you acted in self defense or in defense of property and that your actions would not have happened if you had not already felt threatened. You may also be able to argue that you had received consent from the alleged victim to have physical contact with no intent to injure.

Contact a Joliet, IL Criminal Defense Attorney

The first step to defending against assault or battery charges is to find a reliable criminal defense lawyer. The experienced legal team at the Law Offices of Tedone and Morton, P.C. is ready to hear your case and build a defense on your behalf. To set up a free consultation with a Will County violent crimes attorney, call 815-666-1285 today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.05

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

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.
• Class 2 Felony: Is charged when there is damage done to a household, building, car, airplane, boat, or motorhome. This conviction can result in a prison term between three and seven years.
• Class 1 Felony: Is charged when a burglary has been committed against a daycare center, school, another childcare facility, or religious center. This charge can result in a prison term between four and 11 years.

In cases of Class 2 or Class 1 felonies, the prosecution can increase the severity of a sentence based on the criminal history of the suspect. In some cases, a conviction can result in a fine of up to $25,000.

Burglary Defense Strategies

With the help of a skilled defense attorney, there are several ways a suspect can defend against burglary charges.

• Prove Innocence: In many cases, burglaries are committed at night, which makes it difficult for a victim to properly identify suspects. The prosecution has to prove beyond doubt that a suspect really committed the crime.
• Misunderstanding: In some burglary cases, a homeowner or property owner has previously given a suspect permission to be at the location, and the suspect was simply acting on that agreement.
• Lack of Intent: In order for there to be a burglary charge, there must be proof of intent to steal property.
• Entrapment: A suspect can argue that someone else tricked them into committing the crime when they otherwise would not have.

Contact a Joliet, IL Criminal Defense Attorney

If you have been charged with burglary, the first step is to seek the help of a skilled defense attorney. The Will County burglary defense lawyers of the Law Offices of Tedone and Morton, P.C. are ready to fight for the best possible result in your case. To schedule a free consultation, call us today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

https://criminal.findlaw.com/criminal-charges/burglary-defenses.html

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

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

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