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Recent Blog Posts
Theory of Accountability and Domestic Abuse Survivors
A little-known law in Illinois allows people to be punished for the criminal acts of another if they were present at the scene. Those who are especially vulnerable to the effects of this law are survivors of domestic violence. The story of a woman who has been in an Illinois prison since 1993 for murders committed by her boyfriend–despite a vigorous criminal defense–illustrates this point.
The young woman met her boyfriend when she was 17 and he was 35. The boyfriend told her that he was a truck driver, but she would find out months into the relationship that he was actually a drug dealer. One day, the young woman was forced by her boyfriend to go with him to a rival dealer’s home who supposedly owed him money. Things went sideways, and the boyfriend killed the dealer, along with the dealer’s wife and baby. Years of physical abuse convinced the young woman that she would also be killed as her boyfriend forced her at gunpoint to place jewelry and money into a bag.
Common Mistakes When Defending Against Drug Crime Charges
Defending against drug crime charges can be quite difficult. An Illinois lawyer can explain how mistakes can easily jeopardize a case. Learning some of the most common pitfalls in drug crime defense and actionable tips to help you navigate this challenging situation is helpful.
Failing to Understand the Charges
One of the most critical mistakes in drug crime defense is not fully comprehending the specific charges against you. Illinois law distinguishes between various drug offenses, such as possession, distribution, trafficking, and manufacturing. Each charge carries its own set of penalties and legal implications. Take the time to thoroughly review and understand the accusations with your attorney. This knowledge will form the foundation of your defense strategy.
Underestimating the Consequences
Drug crimes in Illinois carry severe consequences, ranging from hefty fines to lengthy prison sentences. Do not underestimate the potential impact a conviction can have on your life. Even seemingly minor charges can lead to a criminal record that affects your employment prospects, housing options, and personal relationships. Approach your case with the seriousness it deserves and work closely with your lawyer to explore all available options for minimizing the consequences.
Shoplifting Accusations in Illinois
Being charged with shoplifting, otherwise known as retail theft, can have serious criminal consequences in Illinois. Beyond the actual sentencing and punishment you receive, you could be haunted by the charge for years to come. You may face challenges when applying for college, housing, and jobs and potential romantic interests might decide to stay away. If you are charged with retail theft, a skilled Cook County, IL divorce lawyer can review your case and create a defense plan to protect your legal rights.
How is Retail Theft Penalized?
If you are charged with retail theft, your sentence will depend on the value of what was stolen or what you attempted to steal.
- Stealing anything worth up to $300 is generally charged as a Class A misdemeanor. The maximum sentence for this charge is one year in jail and up to a $2,500 fine.
Consequences of Driving with a Suspended License in Illinois
There are many reasons why you might end up with a suspended driver’s license. Some reasons are more administrative, like failure to pay some fine, while others are related to some risk that your actions allegedly posed to other drivers. When that happens, you are not supposed to drive until you have resolved whatever the issue is to the court’s satisfaction, at which point you might get your license reinstated. If you are caught driving on a suspended license, you can face severe punishment. If your license was suspended and you are considering driving anyway, you might want to understand what consequences you might face if you get caught. This article will offer an overview, and a knowledgeable Chicago, IL criminal defense lawyer can answer your questions.
What You Need to Know About Possession of Drug Paraphernalia Laws in Illinois
Drug paraphernalia laws in Illinois regulate the possession, sale, and distribution of items used for using or selling illegal drugs. It is important to be aware of the implications of violating these laws to avoid potential legal consequences. If you are facing charges related to the possession of drug paraphernalia, hiring an attorney who understands the criminal justice system is an important first step toward fighting the charges.
Since 2000, Luisi Legal Group has provided aggressive legal assistance to people facing criminal charges in Illinois. Mr. Luisi defends his clients in court every day and has a reputation for helping his clients get their charges reduced or dropped altogether.
What Constitutes Drug Paraphernalia in Illinois?
Drug paraphernalia includes things used to hide, sell, make, or use controlled substances. This includes but is not limited to:
Reckless Homicide While Driving Under The Influence
Reckless homicide is a vehicular manslaughter charge. Committing a vehicular homicide while driving under the influence will only compound the penalties a defendant may face in a court of law. Understanding what each charge entails and the penalties for both will go a long way in helping to prepare your defense. Those looking at criminal charges should enlist the help of a skillful and experienced attorney for the best possible chances of beating the charges.
Reckless Homicide
Reckless driving on its own is defined as driving in a way that is likely to cause great bodily harm or death. Reckless homicide, often called vehicular homicide, is when driving recklessly causes the death of another individual. A reckless homicide can also be committed when a driver attempts to “jump a car” while on an incline or railroad crossing, resulting in the death of an individual.
Understanding Child Endangerment in Illinois
You take your eyes off your child at the grocery store for barely two seconds, and they vanish. Before you know it, you are being paged over the intercom to come pick up your child at the front of the store. It happens more often than you would think. It does not matter if the entire ordeal took less than ten minutes. The sad reality is that you could be charged for child endangerment in this scenario.
If this is only the first time, chances are you would only receive a misdemeanor if convicted. Subsequent occurrences could land you in some deep water with the law, significantly if the child is seriously injured or dies. Any child endangerment charges should be taken seriously and involve a knowledgeable and experienced attorney to handle the case.
Illinois' Law On Child Endangerment
Losing sight of a minor child, even for a second, could very well place that child's life in danger. When you allow or place a child under the age of 18 years old in danger, Illinois considers it child endangerment. A child being out of your purview is not the only instance of child endangerment, according to Illinois law. Other examples that can be considered child endangerment include:
Understanding Illinois Murder Charges
Murder charges of all types carry serious penalties that can upend the life of anyone convicted. Killing another human being is wrong, and Illinois courts will look to penalize anyone who engages in such a heinous act. However, the circumstances surrounding murder charges are not always so cut and dry, and understanding the different murder charges a defendant can face may be the difference between a few years to life in prison. The different types of murder in Illinois include:
- First-Degree Murder
- Second-Degree Murder
- Involuntary Manslaughter
- Vehicular Homicide
Anyone facing charges of this kind will require an experienced attorney to help navigate the complexity of the charges and develop a sound defense for your trial.
First-Degree Murder
Illinois does not have a capital murder charge. So, anyone facing a charge of first-degree murder in Illinois does not have to worry about receiving the death penalty since it has already been abolished in the state. That makes first-degree murder the most serious murder charge one can face in the state of Illinois.
Does Illinois Have Red Flag Laws?
Yes, Illinois does have red flag laws in place to confiscate arms if necessary. However, Illinois rarely uses the red flag law. In fact, it ranks very low on the list of states in the use of red flag gun laws. So, the chances are rather slim for the state to confiscate your lawfully acquired weapons unless you are facing gun charges in the use of those weapons. As such, it is a smart move to have an experienced gun charges defense attorney on standby to help fight them.
What Are “Red Flag” Gun Laws?
Illinois passed its own red flag law in 2019, allowing family members to petition for the removal of firearms from those who pose a threat to others or themselves. Red flag laws are also known as firearm restraining orders in the state of Illinois and are a tool to be used by the public and prosecutors to help ensure neighborhood safety.
Facing DUI Charges That Ended in Tragedy
Driving under the influence (DUI) is a bad enough legal issue without having to add something as complicated as death. Sadly, tragedies can strike even when accidental or unprovoked. Facing DUI charges that involve the death or deaths of individuals carries serious penalties. A skilled criminal defense attorney experienced in aggravated DUI cases can provide much-needed guidance and defense to your situation.
On The Shoulders of the Prosecution
Illinois statute outlines aggravated DUI as a person is guilty while driving intoxicated and involves great bodily harm or death to another person or people. Great bodily harm and death are two separate cases that require the prosecutor to prove the driver was directly the cause of the harm or death inflicted on the other person or persons. A conviction by the prosecution will carry steep penalties for the defendant who will see mandatory prison time on top of penalties reserved for DUI.
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