Posted on June 09, 2023 in Sex Offenses

There are a variety of situations where people may be charged with sex crimes, and sexual assault is one of the most serious of these offenses. In Illinois, individuals accused of this crime face significant penalties, including jail time, fines, and a lifetime of stigma. Unfortunately, there are some situations where people may be falsely accused of sexual assault or where the parties involved in a situation may disagree about what actually happened. Sexual assault cases will often rest on the issue of consent, and criminal charges may be based on claims that a person engaged in sexual behavior without receiving consent from the other party. Because consent is a key factor that may determine whether a person will be convicted on sexual assault charges, it is important to understand how this issue will be addressed during a criminal case.

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 Posted on May 31, 2023 in Criminal Defense

Few criminal offenses are as serious as murder. Someone who is accused of intentionally killing someone else will usually be investigated by law enforcement and prosecuted on homicide charges. Because of the serious nature of this offense, a conviction is likely to lead to severe penalties, including the possibility of life in prison. However, the specific charges related to murder can vary depending on the situation, so it is important to understand the issues that can play a role in these cases. Regardless of the nature of homicide charges, it is crucial for a defendant to be represented by a criminal defense attorney who has experience representing clients who have been charged with violent crimes.

Homicide Offenses in Illinois

Under Illinois law, homicide charges are generally classified under one of three categories: first-degree murder, second-degree murder, and involuntary manslaughter. First-degree murder is the most serious charge, and a conviction will generally result in a sentence of between 20 and 60 years in prison, although a life sentence may be appropriate in some cases. Second-degree murder is a Class 1 felony, which carries a sentence of four to 20 years in prison. Involuntary manslaughter is a Class 3 felony, and a conviction can result in a sentence of two to five years.

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 Posted on May 24, 2023 in Drug Offenses

Whether they are handled at the state or federal level, drug-related offenses are taken very seriously, and those who are convicted are likely to face harsh penalties. In many cases, the most serious drug charges will involve accusations of drug trafficking. Large-scale schemes in which controlled substances are imported into the United States, transported across state lines, or distributed to people in multiple jurisdictions may lead to federal drug charges for those who have allegedly been involved in this activity. Anyone who is being investigated for offenses related to drug trafficking at the federal level will need to understand the potential penalties they may face and their options for defending against these charges.

Federal Drug Trafficking Charges

The laws of the United States have made it illegal to distribute controlled substances to others, with some exceptions, such as prescription drugs being dispensed to patients by doctors or pharmacists. It is also illegal to manufacture illegal drugs, possess drugs with the intent of distributing them to others, or possess chemicals that may be used to manufacture controlled substances. While accusations of drug possession or drug manufacturing and distribution may result in state-level charges, cases involving large amounts of controlled substances or the distribution of drugs to people in multiple jurisdictions are more likely to result in federal charges.

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 Posted on May 18, 2023 in DUI Law

Since 2021, adults over the age of 21 have been able to legally use marijuana in Illinois. However, while it is legal to purchase and consume marijuana and cannabis products such as oils and edibles, certain restrictions apply to marijuana users. Because the use of marijuana can affect a person's mental faculties, it is treated similarly to alcohol, and people who "drive while high" can face the same penalties as those who drive drunk. By understanding the potential DUI charges that may apply when a person has been using marijuana, drivers can avoid dangerous behaviors. Those who are arrested and charged with driving under the influence of marijuana can work with a criminal defense attorney to determine their legal options.

What Is the Legal Limit for Marijuana?

Determining whether a person is intoxicated by alcohol is fairly simple. Alcohol is quickly absorbed into the blood, and a test of a person's blood alcohol content (BAC) can usually be performed by taking a breath, blood, or urine sample. In Illinois, as in most other states, the legal BAC limit is .08 percent, and if a chemical test finds that a person exceeded this limit while operating a vehicle, they may be charged with DUI.

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 Posted on May 09, 2023 in Criminal Defense

In general, property crimes include offenses where property owned by one person is stolen or damaged by someone else. While these charges will often involve accusations of theft, other offenses, such as burglary, may also apply in some situations. These crimes may seem similar, but they have different legal definitions and consequences. Understanding the nature of these offenses and the potential penalties that may apply if a person is convicted can be crucial for anyone who is being investigated or prosecuted for property crimes.

Misdemeanor or Felony Theft Charges

Theft generally involves taking someone's property without their consent with the intent to deprive them of it. There are numerous actions that could potentially lead to theft charges, including purposely stealing items that belong to someone else or failing to return property that was rented or borrowed. These cases may sometimes involve misunderstandings, such as when there is confusion about who is the actual owner of an item, although they will often be based on accusations that a person took money or property that they knew was owned by a person or company with the intention of keeping it for themselves.

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 Posted on April 28, 2023 in DUI Law

In Illinois, DUI (driving under the influence) is a serious crime that can lead to significant legal and financial consequences. If you are pulled over for suspected DUI, the officer is likely to ask you to take a breathalyzer test. In this situation, you may be concerned about whether agreeing to take a breathalyzer test could lead to a DUI arrest, and you may be unsure about whether you may face penalties if you refuse to take the test. By understanding your rights under Illinois law, you can determine the best way to proceed in this situation. If you are facing DUI charges, you can work with a criminal defense attorney to understand your options for defending against a conviction.

Implied Consent in DUI Cases

Illinois and other states throughout the country have implied consent laws that address when a driver is required to consent to testing to determine if they are intoxicated. These laws state that anyone who is driving on public roads is considered to have consented to chemical testing to determine whether they are under the influence of alcohol or other substances. However, the implied consent law applies to testing performed after a person is arrested rather than tests an officer asks a person to submit to during a traffic stop.

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 Posted on April 20, 2023 in Uncategorized

Being charged with a drug crime can be a daunting experience, since a conviction may potentially lead to jail time, hefty fines, and other consequences. However, for some drug offenders, alternative sentencing options may be available, including probation. A person who receives probation will be placed under the supervision of a probation officer, and they will be required to follow certain conditions. Since this option is usually preferable to serving time in prison, those who are accused of drug offenses may want to determine whether they will be eligible for participation in these programs.

410 Probation

First offender probation, also known as 410 probation, may be available to individuals who have been charged with a non-violent drug possession offense for the first time. To be eligible for 410 probation in Illinois, a person must have no previous felony drug convictions.

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 Posted on April 17, 2023 in Sex Offenses

 Sex crimes are among the most serious offenses that a person can be accused of. Convictions for these crimes come with steep penalties, including lengthy prison sentences, large fines, long periods of probation or supervision, and sex offender registration. If you are facing charges for a sexual offense in Illinois, you likely have many questions about what the future holds. One of the most common concerns involves when and how you may have to register as a sex offender if you are convicted.

Who Must Register as a Sex Offender?

In Illinois, those who are convicted of certain types of sex crimes will be required to register as sex offenders. This requirement will begin after a person completes a sentence of incarceration or parole and is discharged or released from custody. Those who are sentenced to probation will be required to register immediately after being convicted. The list of qualifying crimes includes, but is not limited to:

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 Posted on April 07, 2023 in Criminal Defense

As people spend more and more time online in their daily lives, concerns about privacy and security have come to the fore. Due to data breaches and other issues, the misuse of personal information has become a significant concern for many people. Identity theft is a serious crime that can result in harsh fines and imprisonment for the offender. It occurs when a person uses someone else's name, Social Security number, date of birth, account numbers, or other identifying information without their consent for financial gain. This can include opening a credit card, taking out a loan, or accessing a bank account. In Illinois, identity theft is considered a felony offense, and a conviction can result in severe consequences for the defendant.

Charges for Different Types of Identity Theft in Illinois

There are several different types of offenses that may be considered identity theft, including:

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 Posted on March 27, 2023 in DUI Law

In the state of Illinois, driving under the influence (DUI) is a serious offense. A DUI conviction can lead to jail time, fines, license suspension, and other consequences. But did you know that you may be charged with DUI even if you are not under the influence of alcohol? If you are found to be driving while impaired by drugs, you can face DUI charges. It is important to understand when drug use may lead to arrests and criminal charges for driving under the influence, as well as the potential defense strategies that may be available in these situations.

What Does the Law Say?

According to Section 11-501 of the Illinois Vehicle Code, it is illegal to drive a motor vehicle while a person is under the influence of alcohol, drugs, other intoxicating substances, or any combination of substances that may affect their ability to operate a vehicle safely. While people are most commonly charged with DUI due to the use of alcohol, the law may also be used to bring DUI charges against a person who has used drugs. These may include both legal and illegal substances such as prescription drugs or marijuana.

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