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The state of drug crimes is in flux throughout much of the United States. Yet while many states are moving away from harsh penalties for individual drug users, criminal penalties for the sale and manufacture of controlled substances continue to be among the harshest penalties in the criminal justice system. Any drug charge is a serious issue. However, a conviction for distribution can put you in prison for thirty years or more in some instances.
The Difference Between Possession, Distribution, and Manufacture Crimes
There are four major types of drug crimes under Illinois law:
There are several different types of crimes, and white collar crimes are some of the most complicated kinds of cases to defend. Most white-collar crimes are financial crimes. However, contrary to popular belief, they are not crimes committed only by the wealthy and powerful.
Types of White Collar Crimes
White collar crime is not an official crime designation under the law. Generally, the term white-collar crime is used to refer to non-violent property crimes. Often, they have a financial component. The following examples of crimes in Illinois are widely considered to be white-collar crimes:
Driving faster than the speed limit is something most every driver does at one time or another. However, do you know what the consequences for speeding are? They may be more than just getting pulled over and paying a small fine. In some circumstances, speeding can affect the rest of your life.
Difference Between Aggravated Speeding and Speeding
Under Illinois law there are different types of speeding. Most of the time, when you get pulled over for going over the speed limit, you will receive a ticket and may have to pay a fine—you are guilty of an infraction. But, if you are driving faster than 26 miles per hour over the speed limit, then you can be arrested and charged with a crime.
Driving faster than 26 miles per hour over the posted speed limit is aggravated speeding and is a misdemeanor. You could face up to a year in jail and a $2,500 fine. While most people will not serve a year in jail, if you are convicted of aggravated speeding, then you will have a criminal record that can follow you for the rest of your life.
Illinois laws are designed to be tough on people who drive under the influence of alcohol or drugs. Still, sometimes law enforcement makes mistakes. While every case is unique, there are often good defenses to DUI charges. You have a right to a vigorous defense against criminal charges.
Common Defenses to DUI
Prosecutors and law enforcement often present their cases as being based on careful, trained observation and scientific evidence. However, there are often several defenses to DUI charges that demonstrate the real weaknesses in the prosecution’s case. Common DUI defenses include the following:
Generally, children under the age of 18 are not considered adults. However, under Illinois law, some juvenile defendants can be tried as an adult and given adult penalties if convicted. Illinois has recently made some changes in the way cases involving defendants 17 and younger will be transferred to adult court.
Changes in the Law Effective January 1, 2016
After January 1, 2016, any child aged sixteen and older, who commits certain serious felonies, will automatically be tried in adult court. If the child is under age 16, then prosecutors will still be able to ask a judge to transfer the case to adult court. However, the transfer will not be automatic and the child’s attorney will be able to argue against the transfer to adult court.
Under Illinois law there are several different types of property crimes. Sometimes the names of the crimes can be confusing; they all seem to have the same meaning. Three common examples are theft, burglary and robbery. While in conversations these three terms might all be used to describe the same thing, under the law they are very different crimes.
What is Theft Under the Law?
Theft in Illinois is defined as taking or depriving another of the use of property without a legal right to the property. Theft covers many different types of actions—shoplifting, taking money from someone’s wallet, or stealing a car or bicycle are all theft crimes. The more valuable the property is that was stolen, the harsher the consequences.
Illinois has some of the strictest firearms regulations in the country. Up until a key court ruling a few years ago, Illinois was the only state not to allow citizens to carry a concealed weapon under any circumstances. Even though Illinois now has a concealed weapons law, there are still many ways to violate the state’s firearms laws.
How to Legally Possess a Gun
Illinois requires anyone wanting to possess a gun to first obtain a Firearms Owner Identification Document (FOID). To get a FOID you have to submit to a background check and complete an application. The background check includes both a mental health check and a criminal background check.
Legal Consequences for Unlawful Possession of a Firearm
With the rapid growth of technology comes new challenges for law enforcement and lawmakers charged with keeping us safe. One challenge that continues to grow is the popularity of sexting, especially among teens and young adults. While many states still treat sexting with old child pornography statutes, Illinois has a more balanced approach.
Types of Crimes
It is a crime for minors to send or take sexually explicit images with any electronic device. This is a broad term that includes mobile phones and computers. Additionally, it is a crime to list the personally identifying contact information of a minor on any adult obscenity or child pornography website.
Adults who send sexually explicit images to minors also commit a crime under Illinois law. Illinois child pornography laws make it a crime to record or depict minors engaging in sexual acts or simulated sexual acts. Moreover, it is a crime for a parent to allow the conduct to occur.
The emotions involved in a child custody dispute may cause the actions of a parent to cross the line from a vigorous pursuit to a criminal act. While some actions may cause you trouble with the family law judge involved in your case, or even get you held in contempt, other actions can result in your arrested and serving time in prison.
Interference with Visitation
Unlawful Visitation or Parenting Time Interference is a petty crime—it is punishable by a fine and is similar to a traffic infraction. However, if there are repeated problems, it becomes a Class A misdemeanor and you could face a maximum of one year in jail.
Interference occurs when you deprive someone else of his or her rights to visitation or custody in violation of a court order or judgment. This can happen when a child is detained or hidden from the individual who has rights to custody or visitation.
Criminal charges and arrests can unnerving for both the individuals involved and their families. However, when a child faces criminal trouble, the situation is often even more frightening. When a child is dealing with criminal charges, even if he or she is in juvenile court, those charges are just as serious as adult criminal charges.
Your Child’s Rights
When arrested, any person under the age of 18 has the same Constitutional rights as an adult. This includes the right to remain silent and the right to a lawyer. Often, people make the mistake of believing that a case involving a minor is not as serious, or it will go better if the child speaks with law enforcement. However, it critical that any individual who is being accused or charged with criminal conduct protect his or her rights and contact a lawyer as soon as possible.
A lawyer’s time and advice are his stock and trade.
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