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Recent Blog Posts
Five Common Factors That Could Affect the Severity of Your Criminal Charges
When you are charged with a crime, it can be an extremely scary experience. There is much uncertainty when you are involved with the criminal justice system, especially when it comes to how you are sentenced. Each crime is classified as to its seriousness, with the classification dictating what the sentencing guidelines are. However, there are certain circumstances in which those guidelines can be circumvented. This typically occurs when it is determined that there were aggravating factors present when the crime was committed.
Common Aggravating Factors
After you are convicted for a crime or you plead guilty, a hearing will then be scheduled for your sentencing. It is not until this hearing that you will know what your future holds as far as the consequences of the crime. The judge can impose the sentence that he or she sees fit for the crime that was committed. When certain aggravating factors are present, the judge has the option to impose stricter sentencing for the particular crime. There are a number of factors that could increase the severity of your punishment, but the most common factors include:
Can I Own a Gun in Illinois if I Have Prior Felony Convictions?
Gun ownership is not an absolute right in Illinois. A resident must obtain a Firearms Ownership Identification card (FOID) from the Illinois State Police in order to legally possess any firearms or ammunition. Anyone who owns or carries a gun without a FOID may face felony weapons charges.
Illinois' Armed Habitual Criminal Law
Certain classes of people are ineligible to receive a FOID. Notably, this includes individuals who have been previously convicted of a felony in Illinois or any other jurisdiction. In fact, if someone previously convicted of multiple felonies is found in possession of a firearm, he or she may face serious sanctions under Illinois law.
The crime of "armed habitual criminal" refers to the receipt, sale, possession, or transfer by anyone with two prior convictions for any of the following:
- A "forcible felony," including but not limited to treason, murder, criminal sexual assault, robbery, burglary, aggravated arson, and kidnapping;
Exploring Charges and Penalties For Crimes Involving Fake IDs in Illinois
For as long as government-issued identification cards have been around, fake IDs are sure to have also existed. Added security measures and other changes are constantly being made to ID cards in an effort to combat fraudulent or fake IDs, but that still does not stop some people from attempting to make them. Many times, crimes involving fake IDs are perpetrated by juveniles who are using the card for things such as purchasing alcohol. Some fake ID cards are nearly undetectable, but using one and getting caught can mean you will face quite a bit of trouble with the law.
Penalties for Crimes Involving Fake IDs
Illinois has strict laws and rather serious consequences when it comes to crimes involving fake IDs. Not only can you face criminal charges and penalties for the use, possession, manufacture and/or distribution of fake IDs, but you can also risk having your driving privileges taken away. The Secretary of State has the authority to suspend your driving privileges for up to one year or revoke your driving privileges for at least a year if you are caught violating laws concerning fake IDs.
When Can a Juvenile Criminal Case Be Transferred to Adult Court?
The juvenile justice system was created with the understanding that children are different from adults, mainly because they have more of a chance of reforming their behavior before they reach adulthood. In 1899, Illinois was the first state to create a justice system for children that was separate than the one for adults. Though the juvenile justice systems of today are much different than they were 100 years ago, they retain the same idea - that the main goal is to educate the child and change their behavior, rather than punish them.
Even though there is a separate court for those who are under the age of 18, not all juvenile offenders are tried as minors. Many juvenile criminal cases are transferred to adult court, which works quite differently. If a prosecutor feels the need, they can request that a juvenile be tried as an adult, but the judge must consider a number of factors before this happens.
Age and Background of the Child
How the "Presumption of Innocence" Helps You in a Criminal Trial
The most basic principle of the criminal justice system in Illinois is the presumption of innocence. Whether you are charged with a DUI, sexual assault, or murder, state law provides that "[e]very person is presumed innocent until proved guilty." In any criminal trial, the burden is therefore on the prosecution to establish the defendant's guilt beyond a "reasonable doubt."
Can You Be Punished for "Taking the Fifth"?
It is important to understand how the burden of proof works in a criminal trial. If you are accused of a crime, you are not obligated to present any evidence in your defense. Of course, it may benefit you to do so, depending on the circumstances of the case. But at no point can a judge or jury demand that you "prove" you did not commit a crime. Aside from the fact it is difficult to prove a negative, it violates the plain language of Illinois law, which presumes the defendant's innocence.
Can a Nursing Home be Held Responsible for a Slip and Fall Accident?
There are a number of reasons that a slip and fall accident could occur in a nursing home, and many of them are preventable. Surfaces that are damaged or uneven, floors that are wet or slippery or even just the age and physical ability of the nursing home resident can cause a person to lose their footing and fall. Many of the causes of slip and fall accidents are the result of a careless nursing home attendant, which means the nursing home could be held responsible for injuries caused by these accidents. Injuries can range in severity from bruising to broken bones, brain injuries or even death in some cases. If you or a loved one has been a victim of a slip and fall nursing home accident, an Illinois nursing home negligence lawyer can help you determine if the responsible party acted in a negligent manner.
Property Owners Have a Duty to Occupants
The Illinois Premises Liability Act states that a property owner must make sure that their property is reasonably safe for occupants and visitors, known as the "duty of reasonable care." According to the duty of reasonable care principle, all property owners are responsible for keeping their property safe and free of dangerous items or situations that a "reasonable person" would know to be dangerous.
Pursuing Compensation for a Brain Injury After an Illinois Car Accident
Our brain is one of our most vital organs – it controls nearly everything our body does and how it operates. Though it is vital, it is also one of the most fragile organs. Even a small jolt or bump could cause damage to your brain. One of the most notorious causes of traumatic brain injuries (TBI) is car accidents. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are responsible for 20 percent of all TBI-related hospitalizations. If you or a loved one has suffered a TBI as a result of the negligence of another driver, you should speak with a personal injury lawyer about your options for compensation.
Symptoms of a TBI
A traumatic brain injury is usually the result of a violent blow or harsh force to the head or body. TBIs are usually put into different categories based on severity. The most common type of TBI that occurs from traffic accidents is called a concussion. Concussions occur when a person’s brain hits the sides of their skull and are usually mild to moderate in nature. Symptoms that could appear from a mild to moderate TBI include:
What You Should Know About Illinois’ New Recreational Marijuana Laws
The United States has had a long and complicated history with marijuana. Though cannabis was widely used in different medicines throughout the 1800s, recreational use was not introduced to the U.S. until the early 1900s by Mexican immigrants, and the substance was soon strictly regulated and effectively illegal by 1937. Cannabis officially became a controlled substance in 1970 when an Act was signed into law that made marijuana a Schedule 1 drug.
After decades of criminalization, the uses for marijuana have finally begun to be re-examined and many states have legalized both the medicinal and recreational use of marijuana. Illinois was the 11th state to legalize the recreational use of marijuana in June, with the laws going into effect by January 1, 2020. It is important to understand these laws because you could face unwanted consequences and even criminal charges for any violations.
Buying and Possessing Marijuana
Speeding in Illinois can Become More Than Just a Ticket
Though speeding may seem like a victimless crime, nothing could be further from the truth. According to the National Highway Traffic Safety Administration, there were almost 10,000 people who were killed because of speed-related traffic accidents in 2017. Millions of people each year receive citations for speeding, but there are certain instances in which speeding can become more than just a ticket and a fine that you must pay. In the state of Illinois, aggravated speeding is a crime that can result in misdemeanor charges against you.
What is Aggravated Speeding?
According to Illinois law, aggravated speeding is considered to be any speeding that is 26 miles per hour or more over the posted speed limit. If you are speeding 25 mph or less over the speed limit, you will only receive a ticket and you will not face criminal charges, such as these.
- Class B misdemeanor aggravated speeding: You will be charged with a Class B misdemeanor if you are caught going 26 mph or more over the speed limit, but less than 35 mph over the limit. You could face up to six months in prison, up to two years of probation and/or between $75 and $1,500 in fines.
Exploring Illinois DUI and Statutory Summary Suspensions
Being convicted of driving under the influence means you might have to face some rather daunting penalties. Even a run-of-the-mill DUI conviction in Illinois can carry lengthy jail time, hefty fines and a loss of driving privileges. These are all criminal penalties, but unbeknownst to some people, you can also face civil penalties for violations of Illinois’ DUI laws that can affect your day-to-day life in many ways. One of these civil penalties of DUI is a statutory summary suspension, which can cause you to temporarily lose your driving privileges.
What is a Statutory Summary Suspension?
Like all states, Illinois has an implied consent law, which states that all those who are driving on Illinois roads or hold an Illinois driver’s license have given their implicit consent that police may perform a chemical test on their blood, breath or urine if police have reason to suspect that the person was driving while under the influence of alcohol or other drugs. The statutory summary suspension policy allows the Illinois Secretary of State’s Office to suspend the driver’s license of any person who fails a chemical test, refuses to take a chemical test or does not finish a chemical test.
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