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Recent Blog Posts
The Differences Between State and Federal Drug Charges
Illinois is one of only 18 states that makes possession of drugs (except marijuana or ten grams or less of other drugs) a felony in most cases. This results in even relatively small amounts of drugs, resulting in serious involvement with the legal system. Despite the fact that the Illinois Controlled Substances Act states that it is not the intent to treat the unlawful user or occasional petty distributor with the same severity as large-scale drug traffickers, in practice, this is exactly what happens.
Even though Illinois drug crime laws are harsh, in many cases, federal drug laws and punishments are even harsher. An individual arrested on federal drug charges is more likely to be prosecuted and more likely to be convicted (Federal drug charges have a conviction rate of 76 percent and an incarceration rate of 55 percent). If you are facing state drug charges, you need a highly experienced Naperville, IL criminal defense attorney as quickly as possible to minimize the long-term effects.
Does An Extra High BAC in Illinois Increase Penalties for DUI?
A Chicago man accused in a fatal DUI in early December had a blood alcohol content of 0.347 when he was arrested. The man was charged with one felony count of aggravated DUI causing death. In this case, because a person died as a result of another’s impaired driving, the charges escalated.
If nobody is hurt, does an extremely high BAC increase the penalties for an Illinois DUI conviction? Whether you have been charged with a first DUI, a second, third, or subsequent DUI, or there are additional factors that can potentially increase your sentence, it is extremely important that you speak to an experienced Naperville, IL DUI lawyer as quickly as possible.
Can Landlords Deny Housing to Those with a Criminal Conviction?
Criminal background checks are now routinely used to screen job applicants, enrollees in colleges and universities, and for housing. Unfortunately, these criminal background checks can create a barrier to housing access, even when the charges are dismissed or the individual has paid the penalties for a conviction. This can make it difficult for those with a criminal history to obtain housing, which in turn contributes to increased rates of recidivism.
The U.S. Department of Housing and Urban Development (HUD) released "guidance" for housing providers in 2016, cautioning against illegal discrimination for those with criminal histories, revisiting the issue in 2022. Today, rising rents and stagnant wages contribute to unaffordable housing or even homelessness. Low-income individuals who also have criminal records face additional barriers, including deficits in employment and poor credit.
What Is Constructive Possession in Illinois Drug Cases?
When people think about drug possession, they usually imagine someone carrying an illegal substance in their bag or pocket. In Illinois, however, drug possession charges are not limited to cases where a drug is found on a person. Law enforcement can also arrest someone for constructive drug possession, which is a much broader form of the crime. Illinois treats any kind of illegal drug possession harshly with heavy fines and lengthy prison terms. If you or someone you know is facing drug possession charges, reach out to an Illinois criminal defense attorney who will investigate your case and start building your defense.
What Is Constructive Drug Possession?
There are two types of drug possession: actual and constructive. Actual possession means you have exclusive and immediate control over the drug, like carrying it in your pocket. Constructive possession, on the other hand, means you do not have actual possession of the drug but you have control over it and intend to use it.
Can I Evict a Tenant for Disorderly Conduct in Illinois?
A comfortable and peaceful environment is essential to managing a residential property. A pleasant environment attracts tenants, helps keep them satisfied with the living space, and maintains harmony with neighbors. When a tenant disturbs the peace, however, it can ruin the environment for others, cause complaints, and even result in other tenants abandoning their leases.
If you want to evict a tenant for disorderly conduct, it is important to first understand what that means and what legal steps you need to follow. Speak with an Illinois civil litigation attorney to learn your legal options and how to proceed with an eviction.
What Is Disorderly Conduct?
Disorderly conduct, also known as disturbing the peace, is a criminal offense in Illinois. When evicting a tenant for unruly behavior, check with your attorney if it falls under the category of disorderly conduct. Evicting someone for criminal activity can help keep the law on your side.
DuPage County Man Pleads Guilty to Felony Drug Possession
Recently, a 41-year-old DuPage County man pled guilty to Class X felony drug possession of methamphetamine, between 100 and 400 grams. The man was a passenger in a car that was pulled over during a traffic stop. During the traffic stop, police searched the vehicle and found a suitcase with 226 grams of methamphetamine and 16 grams of cocaine. Due to the volume of methamphetamine and the fact that the cocaine was in three separate packages, the man was initially charged with drug trafficking.
Trafficking charges were dropped during a plea agreement, and the sentence was eight years in the Illinois Department of Corrections for drug possession. Drug possession can be a misdemeanor or felony, depending on the volume of drugs in the possession of the defendant. Large volumes of drugs may trigger trafficking charges as well. If you have been charged with drug possession or drug trafficking, it is beneficial to speak to an experienced Naperville, IL, criminal defense lawyer from Appelman Law LLC.
What IL Landlords Can and Can Not Do When Screening Tenants
It can be difficult for landlords to keep up with the changing laws regarding best practices for screening tenant applicants and what is not allowed during the process. Screening prospective tenants is extremely important to ensure the selected tenants are reliable and responsible and to prevent tenant evictions.
There is more involved in tenant screening than a simple background check. Tenant screening involves many legal factors that are designed to protect prospective tenants as well as landlords. A landlord must understand local ordinances and fair housing laws and keep up with and understand any recent legislative changes. Speaking to a Naperville, IL tenant eviction attorney from Appelman Law LLC can be beneficial whether you are a new landlord or a seasoned landlord.
What Is Involved in a Tenant Screening to Evaluate Prospective Renters?
There are both accepted practices and legal requirements when you are screening tenants. The accepted practices include:
Why Are Chicago Violent Crimes at a 5-Year High?
Despite city-wide efforts and millions of dollars spent by the city of Chicago to reduce crime and violence, recent data shows violent crime cases are at a five-year high. Violent crimes overall appear to have jumped by about 7.2 percent. Robberies are at the top of the list in the increase in violent crimes. On the other hand, homicide rates in the city (which saw a decline in the city in 2022 and fell again in 2023), are currently lower at this point in 2024 as compared to 2023. State Rep. John Cabello asserts rising violent crimes in Chicago are due to the SAFE-T Act.
Arlington Heights School Nurse Faces Felony Charges
An Arlington Heights, IL school nurse is facing six felony charges and seven misdemeanor charges. The allegations are that the nurse misused prescription drugs belonging to a student, triggering one count of official misconduct, five counts of forgery, and seven counts of endangering the life or health of a child.
The details remain sketchy right now, and it is easy to jump to conclusions when an individual has been charged with any type of harm to a child. Unfortunately, it is all too common for those charged with such crimes to be found guilty in the court of public opinion long before all the facts have surfaced.
If you are facing felony or misdemeanor criminal charges, you need experienced legal assistance. A Naperville, IL felony defense attorney from Appelman Law LLC will defend you fiercely, working toward the best possible outcome. Criminal defense requires a multi-faceted approach that considers many factors. Avoiding jail or prison time is universal, but there are other ways charges like these can impact your life.
New Law Prohibits Landlords from Retaliating Against Tenants
Governor JB Pritzker recently signed an Illinois bill prohibiting landlords from retaliating against tenants in the form of landlord evictions. Landlords may not terminate a lease, increase the monthly rent, threaten a lawsuit, or decrease tenants' services only because the tenant complained. A landlord may also not refuse to renew a lease after a tenant complains about a code violation or takes the issue to his or her elected leaders.
Although the goal of the new law – which goes into effect on January 1 – is meant to ensure rentals are properly maintained, it may end up having a negative effect on landlords and renters alike. The bill could inadvertently force small landlords to sell to big corporations who are likely to be even less concerned about tenants’ rights, and it could drive up rental costs for tenants as well.
If you are an Illinois landlord concerned about the effect this new law may have on your rentals, speaking to an experienced Naperville, IL landlord eviction attorney can answer any questions you may have. When you choose Appelman Law LLC, our legal team can help you do what is sometimes necessary regarding evicting a tenant.
From our office in Naperville, Illinois, we serve clients throughout DuPage County, Kane County, Kendall County, Cook County, and Will County, including Wheaton, Aurora, Downers Grove, Lisle, Aurora, Elgin, St. Charles, Geneva, Batavia, Yorkville, Ottawa, and Plainfield.
Results listed are not a guarantee or indication of future case results.
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630-717-7801
