Posted on March 06, 2020 in DUI

If you’re planning a road trip down to Florida or just visiting some family in Wisconsin, you may plan on imbibing in some spirits once you’ve reached your destination. This is fine so long as you keep it in check and don’t get behind the wheel after drinking. If you end up making a mistake and getting a DUI in another state, don’t just assume you can scamper back to Illinois and avoid penalties by never returning to the other state. That’s not how the system works, and it can have significant repercussions for your ability to drive in Illinois. Below, we explain what can happen if you get an out of state DUI and how you should proceed once you’re back in Illinois.

Out Of State DUI

When it comes to an out of state DUI, it’s important to recognize that it’s not just an issue in the state you were traveling to at the time of the arrest. If you are charged with a crime like DUI in another state, that is the only state that can punish you criminally for the act. So if you get a DUI in Wisconsin, only the Wisconsin court can hand down punishments like jail, fines or alcohol education classes. However, both the state you were traveling to and your home state of Illinois can lay down repercussions for your driver’s license.

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 Posted on February 28, 2020 in Criminal Law

Recreational marijuana may be legal in Illinois, but that doesn’t mean you have free reign to do whatever you please with the plant. There are still rules and regulations that need to be followed, and if you don’t follow them, you can end up with a marijuana possession charge. It may not seem like a big deal considering the drug is legalized recreationally in Illinois, but that conviction can still cause significant problems in the future. It may show up on background checks for jobs and housing applications, and it could impact your ability to get into the school of your dreams, so don’t take the charge lightly.

So what are your options if you end up facing a marijuana possession charge in Illinois? We share some of the more common defenses to possession charges in today’s blog.

Defending Against Marijuana Possession Charges

You are allowed to purchase and possess recreational marijuana in Illinois, but certain limitations apply. For example, you can’t have more than 30 grams in your possession, otherwise you can face charges. Being in possession of between 30 and 100 grams is a misdemeanor offense, and it only gets worse from there. Possessing more than 100 grams of having a subsequent possession offense will result in felony charges, which carry the potential for significant fines and jail time.

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 Posted on February 21, 2020 in Criminal Law

It’s no secret that Illinois is currently dealing with a gun possession and trafficking problem, and one of the responses by the state has been to severely increase penalties for anyone caught in violation of its gun laws. Whether by mistake or a regretful action, we’ve seen lives get turned upside down as a result of a gun possession or trafficking charge, and we want to help explain the laws, penalties and defenses so you don’t end up needing legal defense. We’re here to help you in your time of need, but we’re hoping that by learning more about the laws that you’ll stay clear of any gun charges.

Common Gun Possession Or Trafficking Charges In Illinois

In order to be a law-abiding gun owner in the state of Illinois, you must abide by some pretty strict regulations, and for good reason. At the most basic level, in order to legally carry a firearm in Illinois you must be over the age of 21, possess a Firearm Owner’s identification card and not have certain criminal convictions on your record that outlaw future gun possession. If you fail to meet these guidelines, or you violate some other stipulations, you can end up facing some of the following charges:

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 Posted on February 14, 2020 in Criminal Law

Domestic violence allegations and charges are very serious, and oftentimes they can be brought upon a person without much concrete evidence outside of a he said, she said argument. Nobody should be victimized by domestic assault, but on the other side of the coin, a person shouldn’t have their life ruined over false allegations or embellished accounts of an incident. In today’s blog, we take a closer look at the penalties for domestic assault in Illinois, what factors can result in felony-level charges, and common defenses to domestic assault charges.

Penalties For Domestic Violence In Illinois

Under Illinois law, basic domestic battery is considered a misdemeanor offense, which is punishable by up to a year in jail and fines up to $2,500. The law states that domestic battery occurs when a person commits an act of physical violence towards someone with whom they have a familial or intimate relationship. You can also be charged with misdemeanor domestic battery if you have contact with a family or household member in an insulting or provoking nature, although this is the less common form of the crime.

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 Posted on February 07, 2020 in Family Law

Whether you’re going through a divorce or a breakup, the matter becomes significantly more complex if children are involved. Even when the split is mutual, figuring out a child custody agreement can be difficult, and many times parents can’t come to a decision and the court has to get involved. It’s always best to try to settle things with the other party instead of it being up to a judge, but if it ends up being decided by a family law judge, they will look at a number of different factors to develop a child custody agreement.

But what factors will they look at, and what choices could negatively affect your chances of getting a favorable child custody agreement? We take a closer look at some factors that could hurt your child custody case in Illinois in today’s blog.

What Could Tank Your Child Custody Case?

Here’s a look at a number of the factors a judge will look at when determining the best arrangement for a child in the wake of a parental split.

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 Posted on January 31, 2020 in Criminal Law

Probation and parole are two terms that are often used interchangeably, but they actually refer to two very different situations here in Illinois. We believe it’s important that our clients and anyone who may find themselves facing criminal charges know the distinction between parole and probation, so we’re going to explain how Illinois views each in today’s blog.

Probation In Illinois

First, let’s look at probation. Probation is its own form of sentencing, which can’t be said for parole, but more on that later. Probation is the most common sentencing tool in America, and it essentially functions br providing rules that an offender must follow in order to avoid a harsher sentence. For example, if you consumed alcohol and then started a fight in a bar, a judge may sentence you to probation instead of a jail sentence.

The terms of probation vary based on the individual and the charges. In the above example, the offender may be required to remain sober for six months, avoid bars or establishments that serve alcohol during that time frame, and attend alcohol and anger management counseling. If that person abides by the rules set in their probation, they can avoid jail and may even have the charge reduced or dropped altogether.

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 Posted on January 23, 2020 in Civil law

If you have a legal dispute with someone in which the total amount of damages sought is less than $10,000, you can have the matter settled in what’s known as small claims court. If you were struck by someone backing out of the grocery store and want them to cover your medical bills, or if someone failed to uphold their end of a contract, you can seek compensation in small claims court. However, like most court proceedings, there are deadlines that must be met in order to file your claim. Below, we look at the time limits and statute of limitations in small claims cases in Illinois.

Small Claims Time Limits In Illinois

Small claims court is a form of civil court where you can sue another party for $10,000 or less in damages. These cases are often resolved much sooner than criminal law or family law cases, and a person is less likely to have a lawyer in a small claims cases compared to those other types of law. With that said, having a lawyer by your side substantially increases your odds of winning your small claims cases.

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 Posted on January 17, 2020 in Drug Charges

We expected that recreational marijuana sales would boom in the first few weeks of 2020, but even we didn’t expect that number to approach $20 million in sales.

Recreational marijuana became legal to purchase in Illinois on January 1 of this year, and in the first 12 days of legalization the state has done nearly $20 million in sales, including $13 million in the first week. Compared to the other eight states in the US that allow recreational marijuana, only California had more sales in its first week with nearly $15 million in sales. There’s a good chance that Illinois would have outpaced California if not for the fact that some dispensaries were forced to shut down sales because of a shortage of product in the first week.

Not surprisingly, sales peaked the first day that recreational marijuana use became legal, as people lined up for blocks in some areas to purchase the plant. Illinois did nearly $3.2 million in sales on the first day. Here’s a closer look at some statistics from the first 12 days of legal sales:

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 Posted on January 10, 2020 in Criminal Law

Sex crimes are some of the most heinous crimes on the books, and because of the nature of the crime, some victims are reluctant to speak up and come forward about the incident. In an effort to help victims take the time they need to process the event and still hold the perpetrator accountable for their actions, Illinois has expanded the statute of limitations to give victims more time to report the crime.

The new law, which became official on January 1, removes the time limits that prosecutors have to bring charges against a person accused of certain sex crimes. Under the old system, victims had three years to file a police report and 10 years to press charges. Now there are no time constraints for individuals to file a report in cases of criminal sexual assault, aggravated criminal sexual assault and aggravated criminal sexual abuse. Illinois had previously dropped statute of limitations requirements for what they classified as major sex crimes on persons under the age of 18 back in 2017, but the new change provides expanded protections to people of all ages.

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 Posted on January 03, 2020 in Drug Charges

As of January 1, recreational marijuana is now legal to purchase, possess and smoke in the state of Illinois. There are plenty of regulations that come with its legalization, as you can’t just smoke anywhere or buy from anyone, but the most notable is how the state handles driving under the influence of marijuana. Below, we take a closer look at how Illinois views driving under the influence of marijuana, and we explore the regulations so you don’t end up in handcuffs.

Can I Drive After Smoking Marijuana?

Marijuana has been linked to drowsiness and delayed reaction times among other things, so for those reasons and more, the state has made it illegal for anyone to get behind the wheel while under the influence of marijuana. It is legal to ride in a vehicle under the influence of marijuana as a passenger, but the state has made it illegal to smoke marijuana while riding in a vehicle, even if it’s your car or a friend’s vehicle.

The law specifically states that “a driver may not operate a motor vehicle while impaired by the use of cannabis, whether used medically or recreationally,” and recreational marijuana may only be transported in odor-proof and child resistant containers. We’ll touch on citations for possession violations in a future blog, but for today, we’re going to focus on driving under the influence.

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