Posted on January 23, 2017 in DUI

Getting pulled over on suspicion of driving under the influence means that a police officer will take every opportunity he or she has to determine if you are driving drunk. From the moment an officer spots your vehicle, he or she will be gathering evidence that may be used to prove in court that you were driving under the influence. 

One way officers will attempt to determine your level of intoxication is through field sobriety tests. There are three types of field sobriety tests:

1. Walk-and-Turn Test. In this test, officers have drivers walk heel to toe in a straight line and then have them pivot around asking them to walk in the other direction. An officer may also ask you to count your steps as you take them.
2. One Legged Stand Test. An officer will ask a driver to stand on one leg with the other leg outstretched in front of the body. The driver will be required to hold this position without swaying or moving arms for balance.

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 Posted on January 16, 2017 in Criminal Law

Guns are subject to many regulations, and gun laws are hotly debated. Therefore, with all the focus on guns, it is easy to forget that knives are subject to regulations and in some cases are illegal.

There are several reasons to lawfully carry a knife, and knife collecting itself is not illegal. They are useful tools to many people’s professions and hobbies such as hunting. However, what one person may view as an eccentric or rare knife, the law may view as illegal.

It is important to determine if the knives you carry are illegal. If an officer sees you carrying an illegal knife or sees the knife in plain view in your car, the officer could use that as justification for a search of your body or car.

What Knives Are Legal

The following knives are legal to possess:

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 Posted on January 09, 2017 in DUI

If you have been convicted of a DUI in Illinois, one of your top concerns will be when you will be able to drive again. Illinois, along with a majority of states, allows drivers convicted of DUI to drive if they install a breath alcohol ignition interlock device (BAIID). 

This is a popular program. On average in Illinois, 12,000 drivers are using BAIIDs. Consider four facts about this device, and how to get one.

1. A BAIID is subject to three types of fees.

Each vendor charges its own fees, but on average a BAIID vendor charges $85 for installation. There is also a monthly rental for the device, which is usually about $80. Finally, the Illinois Secretary of State charges $30 month for monitoring. If you have been declared indigent by the court, your costs could be lower.

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 Posted on January 02, 2017 in Traffic Law

A suspension of your license means that the state of Illinois has temporarily removed your driving privileges. No matter the cause, unless your license is permanently revoked, your privileges are restorable, either after the set amount of time has elapsed or once the court deems your eligibility again.

Suspension occurs for a wide variety of reasons, including anything from speeding tickets to delinquent child support payments. If you drive on a suspended license, however, then you are likely to face additional, more serious penalties.

How Did My License Get Suspended in the First Place?

License suspension in Illinois is a frequent occurrence. If you fail to pay ticketed fines, such as parking fines or toll charges for an excessive amount of time, your license is jeopardized. Non-driving related offenses put you at risk as well, such as failure to pay child support or breaking visitation regulations. Other behaviors that can result in a suspension include:

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 Posted on December 29, 2016 in Criminal Law

The First Amendment to the United States Constitution protects our rights to free speech, so you can say whatever you would like, right? Not necessarily. There are a few caveats associated with your freedom of expression. Others also have the right to feel safe. Therefore, government officials have the right to step in if your speech incites violence or violates peace. However, the perception of fear varies from person to person. If the words that leave your mouth cause an overly-sensitive individual to fear for his or her life, then are you susceptible to assault charges?

Sticks and Stones

Physical contact may leave lasting, visible marks on a human body. However, words can be just as powerful. The words we use, assisted by body language and voice inflection, can cause powerful emotional reactions in those around us. For this reason, assault charges are not reliant on actual contact, but the feelings provoked in others. Each state defines assault differently. In Illinois, assault is:

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 Posted on December 21, 2016 in Theft

Every year after the holidays, without fail, retail stores complete an inventory process. With the results of these inventories matched with the sales logged into their systems, owners and managers sometimes discover staggering amounts. No, the shocking numbers are not the sales they made after the holidays—these numbers are generally calculated each night after closing.

However, what is discovered are figures which indicate how much product walked out the door without being purchased—i.e. theft. The realization leads to an increase in security measures, which leads to a rise in theft accusations. Understanding charges empowers individuals to combat their cases.

What is Theft?

As schoolchildren, the lesson to not take something that is not yours is often taught; taking something that is not yours is stealing. As adults or young adults, the terms of stealing are laid out for us.

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 Posted on December 14, 2016 in DUI

Driving under the influence of drugs or alcohol can result in life-changing consequences if caught in Illinois. To keep streets safe from impaired drivers, state lawmakers have passed a series of bills making Illinois DUI repercussions among the harshest in the nation.

Although not as strict as Arizona, as shown in recent rankings, Illinois is far from being as lenient as South Dakota—the most forgiving of DUI consequences. The thought of moving to a new, more lenient state crosses the minds of many who face DUI allegations. Is this a viable option if someone is looking to protect his or her future? 

Consequences

If you have received a DUI while driving within the state of Illinois, or if you have been driving in another state using an Illinois driver’s license, an automatic statutory summary suspension will begin. The Secretary of State issues a suspension after a failure of chemical testing or a refusal to chemical testing. A suspension is only a temporary loss of driving privileges and may be sorted out during a court hearing. It is entirely possible to be found guilty of DUI and to have the suspension rescinded by a judge, or vice versa after the hearing. Additionally, with new laws applicable as of 2016, a Monitoring Device Driving Permit may be approved to regain the use of your vehicle. Other penalties for a first-time offense include:

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 Posted on December 07, 2016 in Weapons Charges

Particularly in larger cities, citizens are flexing their right to protest peacefully. Americans join in high numbers to exercise an unalienable right to have their voices heard. Regardless of whether you agree with these protests, the likelihood of finding yourself caught up in one on the way to work is a growing possibility.

Occasionally, these peaceful protests go awry and no longer qualify as peaceful, leaving those in their paths fearful for their personal safety. When caught in a demonstration unexpectedly, how do you utilize your Second Amendment rights for protection without becoming subject to a weapons charge?

Illinois Aggravated Unlawful Use of a Weapon

Aggravated Unlawful Use of a Weapon is a felony in Illinois, and is punishable by hefty fines, imprisonment, and a permanent mark on a criminal record. Unless you are on your personal property or place of business, you may incur charges of Aggravated UUW if:

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 Posted on November 29, 2016 in Juvenile Law

No matter how old children get, parents will seek to protect them and provide them with the best life possible. Therefore, if it is within a parent's power, he or she will want to provide his or her child with the best possible defense when facing a legal battle.

Understanding the laws surrounding one's criminal allegations is imperative to any successful defense strategy, and as of January 1, 2017, a new round of legislation will take effect regarding juvenile defenses.

Expungement Changes 

At any age, even small charges remain on a criminal record no matter the outcome of the case. Criminal accusations can dramatically alter the life of a teen, potentially preventing future employment opportunities and lessening the probability of a degree in higher education. However, with the new year, new possibilities are available to erase the dark marks through expungement. Certain criteria must be met to qualify, including:

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 Posted on November 24, 2016 in Criminal Law

Domestic violence is a silent epidemic running rampant in our country. In Illinois alone, over 65,000 cases of domestic violence were reported in 2014. However, many of these cases were falsely reported to obtain other goals of the accuser. In other incidents, the information was embellished, creating harsher penalties than necessary. Accusations of this magnitude are life-altering upon conviction. The Illinois Domestic Violence can work for you or against you, depending on your defense strategy.

What is the Illinois Domestic Violence Act (IDVA)

The Illinois Domestic Violence Act (IDVA) was created in 1986, starting a new era in the world of domestic relations. The IDVA regulation defines the terms of domestic abuse, explains to whom it relates, and outlines law enforcement actions to protect victims. Consider the following specifications:

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