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Having a charge on your criminal record for any crime can be life-altering. However, drug-related crimes have exceptionally stronger impacts than lesser crimes. Not only is there the legal punishment that comes from conviction, but there are also secondary consequences to consider. For instance, you may lose your government funding for higher education in addition to losing your employment and livelihood. Consider contacting an attorney to reduce or avoid penalties.
Drug Schedules
Although it may sound like what time of day to take your doctor-prescribed medications, drug schedules in the legal sense are a factor used in determining penalties issued for drug crimes. Schedules were created to categorize the potency of the drug, the proclivity for addiction and abuse, and whether or not the substance has any medical usages. The current schedule is set as follows, starting with the least severe:
When your actions have caused death or bodily harm to another, you may be faced with criminal charges. What happens, though, when your actions were in self-defense, or done to protect your home or a loved one? Is this still a criminal matter, or can you use justifiable force as a viable defense in your case? The answer to this depends on the situation. However, the following information can help you understand the basics of justifiable force in Illinois.
When Might Justifiable Force Apply?
Justifiable force cannot be used for every circumstance or every case. To effectively exercise this defense, you must have been defending yourself or another person from an unlawful act (i.e. sexual assault, battery, murder) or from death or bodily harm. Alternatively, you may be able use justifiable force in a situation where you were protecting your own property or a family member’s property from a break-in, attack, or other unlawful act. Still, this is not a blanket defense. There are other nuances to justifiable force that you must be aware of before trying to use it in your case.
You are charged with your first DUI. You knew you only had one drink and were safe to operate your vehicle. The swerve the officer reported occurred when you were avoiding a deer. The shifts in your driving speed were because it was late on a Friday after a long week of work and you were not even paying attention to your foot. Shocked to see an officer’s lights in your rearview mirror, you assumed you might have been speeding. When the officer asked you to submit to a breathalyzer, although confused, you agreed. You failed. Your life is dramatically altered now because of that test, which, in your opinion, was wrong.
The Outlook
If you have never been the recipient of a DUI, a wealth of new thoughts may be running through your mind, not the least of which is what this can do to your future. In Illinois, there are strict regulations pertaining to the punishment of DUI offenders. Consequences for the first offense include:
Crimes most commonly occur without the watchful eye of others — people are afraid of being caught and the conscience is not as easily ignored. Over recent years, there has been a steady increase of online purchasing and the rise of credit card fraud. The temptation of getting untold amounts of items without paying for them becomes overwhelmingly enticing for many and is surprisingly easy to accomplish through credit card fraud. However, a conviction of such magnitude is something that is to be considered and combatted with the assistance of a legal professional.
Forms of Credit Card Fraud
Ultimately, credit card fraud is using the account information of another individual for one’s purposes without consent. However, this is a highly generalized statement, and the behavior has multiple levels and can occur in varying forms. It is possible that someone has committed fraud without knowledge. The eight varying types of fraud consist of the following:
Driving under the influence of drugs or alcohol is considered a serious offense no matter where you live in the United States. However, in Illinois, punishments have the potential to be harsher than other states. The Illinois State Police site DUI as the cause of hundreds of deaths annually and hundreds more seriously injured and even disabled. Also with this reasoning, judges often enact strict, life-altering punishments upon conviction. With proper legal knowledge and etiquette, it is possible to receive a lesser penalty or special permissions, such as a Monitoring Device Driving Permit.
Standard Penalties
Along with a price hike in your insurance premiums, points on your license, and a mark on your record, there are additional penalties that can ensue after being formally found guilty of a DUI. For a first time conviction, these penalties include:
In the state of Illinois, a battery is never taken lightly. When the victim is a woman, in some circumstances, punishments can be harsher. If the victim is a pregnant woman, the repercussions double. Not only are there charges for the attack on the woman, but also the child she is carrying. The crime then becomes twofold as aggravated battery and battery of an unborn child.
Aggravated Battery
Assault is a situation in which one person reasonably believes that they are in immediate danger of physical harm. The charge escalates to battery once physical contact occurs. Dependent on who the victim is and where the accident took place, the allegations may increase to aggravated battery. A woman who is pregnant is considered to be a part of the protected group. If the victim and the accused do not know each other but if the defendant knows that a person is pregnant, the charge elevates from battery to aggravated battery. Aggravated battery is a Class 3 Felony. Sentencing for such a crime would be:
To those who are dealing with police for the first time, it is an unnerving process. There are legal terms and lingo that are unfamiliar. There often is someone at the station being disruptive, increasing tensions around the room. The fear of the unknown gets the best of many, and anxiety inhibits the ability to comprehend what is happening. With terms such as “arrested” and “charged” incorrectly used in daily conversation, understanding the circumstances becomes even more of a challenge. It is important to realize that once an arrest occurs, a criminal record is created that will follow you until you go through the expungement or sealing process.
Arrested
“You are under arrest! You have the right to remain silent. Anything you say…” the rest becomes a blur to the individual in handcuffs being dragged away to the patrol car. The seemingly long speech that they are legally obligated to give you is known as your Miranda Rights. If you were to listen to them in their entirety, they are clear and concise, letting you know that you have the right to an attorney and if you say anything it can be used against you. You should always heed this warning and not say a word until a lawyer is present. Arrested just means that you are in the custody by the police. The arrest is the act of handcuffing and going to the police station to sit while the prosecutor determines whether or not a case exists. Although the decision has not been made and there may never be a conviction or even a case, the arrest itself will appear on your record.
A sense of humor is often a well sought-after quality. Most people enjoy the physical release of laughter and like to surround themselves with others who make them laugh. In general, two individuals who share a similar sense of humor connect better than two persons who have opposing views of what is humorous. What one person finds hilarious, another may find threatening or offensive. If this happens, can a joke be grounds for assault charges?
Trouble Is Brewing
Knock-knock jokes may not be the most humorous. However, they are sometimes the safest. When you start to touch on taboo subjects or subjects including violence, trouble may begin. For instance, joking about how you would murder your spouse or even the phrases “I will kill you” or “I am going to beat you up” can be dangerous depending on the circumstances. Assault charges are possible if they meet the following criteria:
Being pulled over by the police is a very sobering experience after a night out on the town. In that instant, all of the laughter and fun are swept away as the dread of what currently unfolds washes over you. Anxiety courses through your mind as you mentally debate your level of intoxication. After convincing yourself that you are safe to drive, it comes as a complete shock when not only are you being charged with a DUI but they are also seizing your vehicle.
Can They Do That?
The short answer is yes, under the right circumstances police can seize your vehicle. In fact, an officer can also take a vehicle that is not even registered to the drunken driver. Additionally, the authority encompasses all forms of transportation, including watercraft. Furthermore, Article 36 of the Illinois Criminal Code explains that in addition to a seizure to impound, law enforcement also reserves the right to sell the vehicle at auction. The intent to sell the property is often unknown and is humiliatingly discovered at the police station, in front of at least one friend or family member that provided the transportation to the station expecting to drive away in separate cars.
The discussion regarding marijuana continues to evolve, and the applicable laws are constantly adjusting to meet society’s needs. Recently, Senate Bill 2228 was introduced and passed into law to alter the details surrounding charges and penalties regarding marijuana and driving under the influence, or DUI. Although the new law is not perfect, it seems to be a step in the right direction.
Legal Limits
For the safety of you, your passengers, and others on the roadway, it is illegal to drive while impaired, regardless of the substance used. Previously, Illinois was a “zero tolerance” state according to the Cannabis Control Act and Vehicle Codes, meaning if any amount of marijuana was found in the system of a driver upon testing, that would be enough for a potential conviction. As of July 29th, 2016, there is a new legal limit of:
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