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Illinois Theft Crimes
Oftentimes people will use the terms theft, robbery, and burglary interchangeably, though under the law, these terms have very different meanings and each contains different consequences. These crimes all include a person taking or attempting to take property from another person, but the elements of these crimes differ, as well as the consequences for committing them. Theft is a general term used when property is stolen from a person without the intention to return it. If you are being charged with a theft crime, it is important to know what you are being charged with and the penalties that you face.
What Constitutes Theft?
Theft is a broad term that can cover a variety of crimes. Theft encompasses any crime in which a person takes property from another person without the intention of returning it. In the state of Illinois, a person commits theft when they:
- Obtain unauthorized control over property of the owner;
Common Defenses to Sexual Assault Charges
Being accused of a sex crime can be stressful and emotionally tolling for you, your friends and your family. Whether the accusation is true or not, being accused of a sex crime can not only cause problems between relationships with people in your life, but it can also cause problems at work or getting future jobs. Understanding common defenses to sex crimes can prepare you if you are facing these types of charges.
Innocence
One of the most common defenses to sex crimes is innocence, meaning that you are pleading that you did not commit the crime. This is perhaps the most basic defense in sexual assault cases. The defendant can argue that they couldn’t have committed the crime because they were in a different place at the time the crime was committed. This is called an alibi and must be supported by credible evidence that they could not have possibly committed the crime.
What You Need to Know about a Possession of Drug Paraphernalia Charge
A person does not need to have physical drugs on their person to be charged with a drug-related crime. If an individual is charged with possession of drug paraphernalia, they may face a fine of up to $2,500 and a misdemeanor charge for a conviction in the state of Illinois. In order to avoid this outcome, a person must know what drug paraphernalia is and what the laws are surrounding it.
What Is Drug Paraphernalia?
Drug paraphernalia can include any item that can be used to inhale or ingest an illegal substance such as pipes, bongs, or cocaine spoons or vials. It also includes kits that can be used in the production of drugs, devices, and equipment that can be used to increase the strength of a controlled substance, adulterants, and diluents, or substances that can alter the potency of a drug.
Suspected drug paraphernalia may be seized by law enforcement without standard procedures, so long as there is probable cause that the item poses a threat to the safety or health of an individual or the public, and there is not adequate time to go through the typical legal process.
Four Types of Credit Card Fraud
Credit card fraud can take many different forms, and can even occur by accident. Penalties for being convicted of credit card fraud are serious, and can result in a misdemeanor or felony charge. Four common types of credit card fraud allegations include:
1) Failure to Obtain Consent of Cardholder
A cardholder must authorize use of the card by another person. This authorization can be either written or verbal. A cardholder can also designate an authorized user for their card, by including their name on the credit card account. Once the cardholder has formally authorized someone to use their credit card, the owner is responsible for any charges the authorized user incurs.
2) Misuse of Card
Credit card fraud can also include the transfer or sale of the physical credit card or conveying confidential information to someone who is not the primary cardholder. When a person is allowed access to a someone else’s card, it is intended for their use only, and cannot be shared with unauthorized users.
College Students and Prescription Drug Use
A study conducted by the National Survey on Drug Use and Health found that one in four people, between the ages of 18 to 20, had used prescription drugs for non-medical purposes one or more times in their lives. Prescription stimulants like Adderall and Ritalin are one of the most commonly abused types of medication. Students may overestimate the benefits of using prescription stimulants and underestimate the risks, which can lead to negative consequences for the student’s health and personal life.
Reasons Behind Drug Use
College students may believe that using prescription drugs will enhance their academic performance, but research has shown that this may not be the case. In fact, studies have found that college students who misuse prescription stimulant medication received lower grades than their peers.
Students may also use stimulants that are not prescribed to them for social reasons. They may use the drugs to stay up later in the night and to help them behave in a more outgoing manner. Other reasons college students may illegally use prescription stimulants are to lose weight or to experiment.
What’s an Ignition Interlock Device?
An ignition interlock device (also sometimes referred to as an “IID” or a “breath alcohol ignition interlock device” (BAIID)) is a tool that can be installed in an auto that prevents the vehicle from turning on if the driver’s breath alcohol concentration (BAC) is higher than a certain pre-programmed level. If an ignition interlock device is installed on your vehicle then you must blow into the attached breathalyzer before you drive. If no alcohol (or a permissible amount of alcohol) is detected on your breath then your car will start as usual, however, if you fail the breathalyzer test then your vehicle will be locked for a predetermined amount of time (generally the vehicle’s ignition will be locked for a few minutes after the first failed test and will be locked for a longer period of time if a second or subsequent breath test is failed). Additionally, some ignition interlock devices also require drivers to submit to random re-testing while driving.
New Tests Determine Whether Drivers Are Under the Influence of Drugs
Every year, around 10,000 people in the United States are killed in car accidents involving a driver who was under the influence of alcohol. In recent decades, law enforcement agencies have increased their efforts to combat drunk driving, and they are now looking to enforce laws against driving while under the influence of illegal drugs.
In 2015, the number of drivers who tested positive for drugs after being involved in a fatal accident was greater than the number of drivers who tested positive for alcohol. As more states legalize marijuana, and more people across the country abuse prescription drugs, opioids, and methamphetamine, police are looking to implement new tests that will allow them to make DUI arrests when drivers are under the influence of drugs.
Testing for Drugs
While the use of portable breathalyzers which test drivers’ blood alcohol content is common, until recently, police officers did not have methods for testing for drugs during traffic stops. However, new field tests have recently become available which use a mouth swab to test a driver’s saliva for the presence and quantity of drugs in their system.
Will Illinois Be the Next State to Legalize Recreational Marijuana?
While the possession of marijuana is a criminal offense throughout much of the United States, its use is widespread, and support for marijuana legalization is growing. Currently, the recreational use of marijuana is legal in eight states and the District of Columbia, and 64% of Americans support legalization. As several other states consider ballot referendums or legislation to legalize marijuana, Illinois residents are wondering if our state may be the next in line to make this change.
Current Illinois Marijuana Laws
In 2016, Illinois passed a law decriminalizing the possession of less than 10 grams of marijuana. While possession of marijuana is still considered illegal, anyone caught in possession of less than 10 grams will not be charged with a criminal offense; instead, they will face a civil fine of $100 to $200. Possession of more than 10 grams is a criminal offense ranging from a Class A misdemeanor to a Class 1 felony, depending on the amount of marijuana.
Understanding Gun Laws in Chicago and the State of Illinois
Mass shootings occur with alarming regularity in the United States, and the most recent incident, in which a gunman opened fire on a crowd in Las Vegas on October 1, 2017, resulted in 58 deaths and 546 injuries. In the aftermath of this tragedy, debate about gun laws and gun control has resumed, and politicians and pundits have brought up a familiar talking point, stating that the city of Chicago has strict gun laws, but also a high rate of homicides. But while this is something that is often asserted, is it actually true?
In order to clear up confusion about this issue and provide some context about the weapons charges people may face, here is some information about the laws concerning gun ownership in Chicago and the state of Illinois:
Weapons Licenses
While Chicago did place a ban on the sale and registration of handguns in 1982, this ban was ruled unconstitutional by the U.S. Supreme Court in 2010. Following the passage of a new law by the Illinois General Assembly in 2013, concealed carry of firearms is now legal in Illinois, bringing the state’s gun laws in line with much of the rest of the country. Under Illinois law, the sale and ownership of firearms is legal throughout the state, with the following conditions:
Illinois Criminal Justice Reforms Offer Second Chances to Offenders
Being arrested and charged with a crime will have major, long-lasting effects on anyone’s life. When someone enters the criminal justice system, their criminal record can follow them for the rest of their life. In Illinois, nearly 50 percent of ex-offenders end up back in prison within three years due to their inability to find work.
After someone has been convicted of criminal charges and served their sentence, they may be able to have their criminal record sealed, which will improve their ability to find jobs, education, and housing. Unfortunately, the process of sealing these records is often difficult, but the state of Illinois is working to implement criminal justice reforms to address this issue.
New Illinois Criminal Justice Laws
In order to help ex-offenders return to work and avoid future prison sentences, Governor Bruce Rauner recently signed several new laws intended to help provide a second chance to these offenders. These laws include:
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