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Having a criminal record can affect various aspects of your life, including job opportunities, housing options, and even admission into many schools. Even if a charge is dismissed, it can remain on your record. Fortunately, people with criminal records have the ability to clear their record through the process of expungement.
An expungement is a court-ordered process that erases the legal record of an arrest or criminal conviction in the eyes of the law, which can vastly improve your ability to get a job, qualify for a mortgage, or gain admission to an educational institution. Once an arrest or criminal conviction is expunged, it no longer needs to be disclosed on job or housing applications by the person who was arrested or convicted. A record that has been expunged is destroyed, and it will not show up in public records inspections or background searches performed by potential employers and other companies or institutions.
Many people throughout the United States use marijuana for medical purposes, recreational consumption, or both. However, even though marijuana has been legalized for medicinal or recreational use in several states, it is still considered a controlled substance in Illinois.
As marijuana laws continue to change, you might be wondering about the current laws and the penalties that could result if you are caught possessing it. Can you be arrested for possessing marijuana in Illinois? If a doctor prescribed medical marijuana for you, can you still get in legal trouble? Should you get an attorney if you are arrested on marijuana charges?
Under Illinois law, it is illegal to possess marijuana unless it is prescribed by a licensed physician. For marijuana use not prescribed by a physician, penalties vary based on the amount possessed:
You have had a couple of drinks with dinner and are sure you are safe to drive home. However, the police seem to think otherwise and the next thing you know, you have their squad car lights flashing in your rear-view mirror. How are you going to talk your way out of this one possibly? Here are a few practices that have helped others avoid a DUI charge during a police traffic stop:
Use Your Right to Remain Silent
You have the right to remain silent, so use it. Too many times clients have tried to talk their way out of trouble, only to make it worse. Police know that if they pressure you to speak, you will often give them more evidence than you intend, which is why they keep the conversation going. Your silence will not be used against you. Politely say that you choose to use your right to remain silent and provide them with their requested documentation.
Weapons charges in Illinois has potentially severe criminal penalties. Punishments run anywhere from a misdemeanor to a Class X felony depending on a variety of factors of the case, resulting in fines to potential jail or prison sentences. These factors include the location of the alleged crime, the number, and type of weapons involved, and the severity of any injuries incurred. Many cases become exacerbated by any previous criminal history or if other charges accompany the weapons charge. Unfortunately, ignorance of the law is not a good excuse in many weapon-related cases. If you face a weapons charge in Illinois, it is a good idea to understand your accusations.
Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)
This law applies to instances when a suspect fires a gun in a reckless manner which endangers the safety of another individual. The code does not explicitly indicate what qualifies as “reckless,” leaving it up to the judgment of the arresting officer and the court. If the suspect were a passenger in a moving vehicle, both the passenger and the driver would receive the charge. If convicted, the resulting penalty is a Class 4 felony which is punishable by one to three years in prison.
Assault and battery charges are undoubtedly harsh accusations with potentially hefty consequences. However, dependant on the circumstances surrounding the case, there are a large number of potential defenses. Time and again, clients approach us with the genuine belief that they were the victim in the situation, rather than what the charges claim. Self-defense is one of the best defenses in violent crime cases, as long as there is supporting evidence. The following evidence must be present to build a winning argument.
A Threat of Harmful Force Existed
Even if you believe you were in danger and acted out of self-preservation, the threat must exist. If the opposition is no reasonable match, either by size, age, or other factors, an affirmative defense argument is more difficult to prove. However, even if your accuser is smaller in stature and weight, if they back you into a corner and raise a hand, you may be right to push them back to gain room to exit the situation.
Anyone under the age of 18 is a juvenile. When adolescents choose to break the law by participating in juvenile theft or other harmful behavior, we call this juvenile delinquency. In most cases, children who find themselves in trouble do not qualify for adult punishments, yet the consequences can have lasting effects. Currently, the United States faces an epidemic of juvenile delinquency. Crimes committed by one or more teens account for 20% of all criminal activity. This upward trend has experts searching for causes and the best methods of prevention.
The Expert Opinion
There is a constant debate as to what influences our behavior most, is it the genes we inherit from our family or our surroundings. Most experts agree that both play a pivotal role in our behavior choices. Children, teens, and young adults, however, are often more influenced by their surroundings. Adolescents make decisions directly relating to what is going on with their family members, friends, and their peers. These influencers are intensified by the accompaniment of a desire for material things, fashion trends, peer pressure, and financial lust, to name a few. Although any child can make a mistake that can result in legal consequences, the risk is higher when intensified by a background of:
It is illegal to text and drive in most states, including Illinois. Many drivers continue to use their cell phone while driving even though we all know better. Multitasking drivers are often identifiable by their weaving driving pattern, hesitation at traffic lights, and their tendency to stare into their laps. Although these indicators frequently mean the driver is texting and driving, they are often not enough evidence to prove guilt. Many Illinois residents wonder, “How do they know if I am using my cell phone?”
One Hand on the Steering Wheel
When police watch for drivers illegally using their cell phone, they often look for how many hands are on the wheel. In driver’s education, they always teach to keep two hands on the steering wheel, at “10 and 2.” This hand-positioning allows the driver to maintain control of the vehicle at all times; however, not many drivers obey this rule of thumb. Even though one-handed driving is prevalent, it still causes watchful officers to judge the placement of your other hand.
If you have a commercial driver’s license (CDL) and face DUI accusations, you likely have many questions about how the charges may impact both your personal and your family life. As a professional driver, you are held to a higher standard than the typical everyday driver. DUI has severe consequences for all drivers, but for a CDL holder, you risk losing your license for a year or more, depending on the circumstances. As you probably know, if you do not have a license, you do not have a job with your CDL. It is essential to retain the services of an experienced DUI attorney to protect your way of life and your future.
In Your Personal Vehicle
While you are not “on the clock” or working, you are welcome to relax and enjoy an alcoholic beverage, if you so choose. However, be aware that if your blood alcohol concentration exceeds the legal limit of 0.08% and you decide to drive, you put your professional driving career on the line, even if you are in your personal vehicle. You face potential CDL disqualification for one year.
The shock of a DUI charge is sobering. Many of those standing accused become riddled with questions, such as, “How will this affect my future?” and “What should I do next?” DUI charges are severe accusations in Illinois, potentially resulting in criminal punishments. Not only do you face losing your right to drive, but you also may receive a criminal record. You may have already made one mistake too many at this point. Avoid making further errors by following these best practices.
Do Not Speak to Police without an Attorney
The police tell you when reading you your rights that you have the right to an attorney and anything you say can, and will, be used against you. Although they may say it out of habit, you should heed their warnings. Police receive specialized interrogation training, enabling them to elicit as much information out of a suspect as possible before they realize they have said too much. Do not wait until you have said more than you should. Retain an experienced attorney immediately before you say anything. Prevention is preferable to overcoming incriminating evidence.
Police officers frequently begin questioning potential suspects immediately upon initial contact. Questioning does not necessarily indicate that anyone is detained or arrested. Does that mean that you do not have to cooperate with the cops? In short, you have the right to remain silent, at least initially. There are pieces of information that are pertinent, and you should share with the questioning officer; however, you do not necessarily need to share any other information beyond those initial questions.
What Is Initially Required
Maintaining a polite demeanor throughout the experience often goes a long way toward helping your case. Being polite does not mean helping them build a case against you, however. If you are in a public place, the only information you are required to give is your name; which is only valid if the officer suspects you have committed or are committing a crime and they announce themselves as police personnel. Cops may also ask you to give your address and a reason for your behavior. You do not have to answer either of those questions legally.
A lawyer’s time and advice are his stock and trade.
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