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Recent Blog Posts
Know Your Rights: Home Invasion Laws in Illinois and Chicago Explained
The security of our homes and personal spaces is very important and yet, sometimes it can be taken for granted. Unfortunately, instances of home invasion can shatter that sense of safety and leave lasting emotional and physical scars. In Illinois, the law takes home invasion seriously and provides stringent measures to protect individuals and their properties.
What is a Home Invasion?
Home invasion refers to the unlawful entry into a dwelling with the intent to commit a felony or inflict harm on the occupants. It is important to note that mere unauthorized entry without criminal intent does not constitute home invasion. Illinois law recognizes the severity of this crime and has established specific statutes to address it comprehensively.
What are the Elements of a Home Invasion?
To secure a conviction for home invasion, the prosecution must prove several essential elements beyond a reasonable doubt. These elements typically include:
Driving on a Suspended or Revoked License in Illinois
If you have been charged with driving on a suspended or revoked license in Chicago, Illinois, you may be wondering what your options are and what consequences you could face. At the Luisi Legal Group, we understand how stressful and overwhelming this situation can be, and we are here to help you navigate your legal options.
What Circumstances Can Result in a Suspended or Revoked License?
There are several reasons why your driver's license may be suspended or revoked in Illinois. Some of the most common reasons include:
- Driving under the influence of drugs or alcohol
- Accumulating too many points on your driving record
- Failing to pay fines or appear in court
- Being convicted of certain crimes, such as reckless driving or leaving the scene of an accident
What to Know When You Have Been Accused of Retail Theft in Cook County, Illinois
Most people are aware that if you are charged with retail theft or shoplifting in Illinois, you may face harsh criminal consequences that could seriously affect your future. These effects frequently include being able to find work, qualify for housing, and receive loan approval, among other things. With all mentioned above, it is important to speak with an experienced criminal defense lawyer.
What Are the Penalties for Retail Theft?
The severity of the punishment for retail theft typically depends on the value of the goods that were either stolen or attempted to be stolen. You will likely be charged with a Class A Misdemeanor, which has a maximum punishment of one year in jail and a fine up to $2,500, if the value of the item was $300 or less. If the value of the item exceeded $300, you may be charged with a Class 4 felony, which carries a potential jail term of one to three years.
What to Do If You Are Arrested for a Drug Paraphernalia Charge in Illinois: A Guide for Protecting Your Rights
If you or someone you know has been arrested for a drug paraphernalia charge in Illinois, it can be a scary and overwhelming experience. However, it is important to stay calm and take the necessary steps to protect your rights.
Contact a Criminal Defense Lawyer Immediately
The first and most important step is to contact a criminal defense lawyer immediately. A skilled lawyer can guide you through the legal process, explain your rights, and defend your case in court. It's important to find a lawyer who is familiar with Illinois drug laws and has experience handling drug paraphernalia cases. A lawyer can provide you with the legal representation and advice you need to navigate the legal system.
Be Aware of Penalties for Drug Paraphernalia Charges in Illinois
The penalties for drug paraphernalia charges in Illinois can be severe, including fines, community service, probation, or even jail time if there are additional charges. If you are convicted of a drug paraphernalia charge, it could also affect your employment opportunities, housing options, and future criminal record. Therefore, it is important to take your case seriously and work closely with your lawyer. Your lawyer may be able to negotiate a plea bargain, reduce your charges, or even have your case dismissed. However, it is important to remember that every case is different, and there is no guarantee of a specific outcome.
License Suspension Resulting From Chemical BAC Tests
When a driver in Illinois refuses to submit to or fails a chemical test for an alleged driving under the influence (DUI) offense, it can result in a statutory summary suspension of driving privileges. State law provides that a person fails a chemical test when they have a blood alcohol concentration (BAC) of 0.08 or more, a THC level above the legal limit, or other illicit substances in their system.
Statutory summary suspensions are automatic and become effective 46 days after the date of a suspension notice. People can request judicial hearings to challenge arrests, but the requests may not stop suspensions from taking effect.
DUI Testing Penalties in Illinois
The statutory summary suspension is an administrative process. A DUI criminal charge is separate from the statutory summary suspension penalties and will be prosecuted and adjudicated in the courts.
Understanding Illinois Domestic Violence Laws
The Illinois Domestic Violence Act of 1986 is established under 750 Illinois Compiled Statute (ILCS) § 60. Domestic battery is one of the most common kinds of domestic violence offenses committed in the state. Domestic violence charges are only applicable when allged crimes are commited against certain types of people.
Under 750 ILCS § 60/103(6), domestic violence offenses involve harm against spouses, former spouses, parents, children, stepchildren and other people who are related by blood or by present or prior marriage, people sharing or formerly sharing a common dwelling, people with a child in common, and people with dating or engagement relationships. Domestic violence can include physical abuse, harassment, intimidation, or interference with personal liberty.
Domestic Battery Penalties in Illinois
When law enforcement responds to a possible domestic violence incident, chances are very high that at least one person is going to be placed under arrest. People can face domestic violence charges even when police officers do not obtain any evidence of violence.
What Are the Penalties for Repeat DUI Convictions?
Most people in Illinois are aware that the state imposes criminal penalties for drinking and driving, but fewer realize that criminal penalties for driving under the influence (DUI) crimes increase with repeat offenses. If you were arrested for a second or third DUI offense, you may be facing severe criminal penalties. It is important to work with a DUI defense lawyer who can help you defend yourself against the charges.
Repeat DUI Penalties in Illinois
There are administrative penalties for failing a chemical blood alcohol content that are separate from any criminal penalties resulting from a DUI conviction. Many DUI traffic stops begin with police officers requesting that the alleged offender submit to breath alcohol testing. Failing a breath test leads to driving privileges being suspended for six months. Failing a chemical test a second or subsequent time will be punishable by driver’s license suspension of one year. If a person refuses to submit to chemical testing, then their driving privileges are suspended for one year for a first offense and three years for a second or subsequent offense.
How Marijuana Charges Work in Illinois Now
Illinois legalized marijuana in 2020, and adults over 21 years of age are able to legally possess, consume, and purchase cannabis in the state. However, it must be consumed on private property or properties with on-premises consumption licenses. Public consumption is still illegal in Chicago. It is also illegal for people to consume cannabis in any vehicle or operate a motor vehicle under the influence of cannabis. Cannabis may be transported in a vehicle but it cannot be accessible by any occupant of the vehicle during transportation and must be in a child-resistant container. Cannabis purchased in Illinois cannot be transported to another state.
Marijuana can be purchased at licensed dispensaries, but the possession limitations include 30 grams for Illinois residents and 15 grams for non-residents. The limitations for cannabis-infused products are 500 milligrams of tetrahydrocannabinol (THC) for Illinois residents and 250 milligrams of THC for non-residents.
Were Your Roadside Sobriety Test Results Valid?
Roadside sobriety testing can be embarrassing, frightening, and sometimes confusing. Officers do not always use the most reliable or reasonable methods for attempting to make a snap judgment about a person’s level of intoxication. More than that, roadside sobriety testing can sometimes be greatly unfair, occasionally to the point where the results genuinely reveal little or nothing about whether a person is intoxicated. Police officers are often more interested in making a DUI arrest than in ensuring fair and reasonable field sobriety tests, on which they frequently base their decisions to make an arrest. Many factors, from weather-related challenges to improper footwear or poorly articulated instructions, can create unfairness, and even affect the validity of a roadside sobriety test. If you suspect that you were set up to fail a roadside sobriety test, it is important to raise this point with your criminal defense attorney.
When to Consider a Plea Bargain
Everyone wants their case to be dismissed, or at least to be acquitted at trial. In many cases, getting off the hook completely is entirely possible. If the evidence is not so strong, or the police have violated your rights in a serious way, then hoping for dismissal or acquittal is not unreasonable at all. However, courts do not just dismiss cases once criminal charges have been filed without a very good reason. In some cases, taking a plea bargain may be the best strategy for minimizing the impact the charges could have on your life. Before you consider changing your plea or taking any other offer made by the prosecution, it is crucial to discuss your options with an experienced attorney.
Situations in Which Taking a Plea Bargain May Make Sense
One of the big risks of going to trial is that if you are convicted at trial instead of pleading guilty to a lesser offense, you may face harsher sentencing for a more serious crime. Some factors that may push you and your lawyer toward accepting a plea bargain include:
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