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IL defense lawyerBeing accused of identity fraud can be a very frightening experience. In the state of Illinois, individuals who are facing fraudulent ID charges may be charged with a misdemeanor or felony, depending on the circumstances of their case. Regardless if a conviction is made, however, the Secretary of State does have the authority to suspend or revoke your driver’s license. If you have lost your driving privileges due to ID fraud charges, it is important to discuss your legal needs with a skilled attorney as soon as possible.

Actions That Can Lead to a Suspended or Revoked License

In Illinois, the Secretary of State is eligible to suspend or revoke an individual’s driver’s license if her or she:

  • Has lent his or her driver’s license or identification card to another person for fraudulent purposes
  • Is in possession of and/or is attempting to use another person’s driver’s license or identification card
  • Has knowingly provided false information on a driver’s license or identification card application
  • Has another person apply for a driver’s license or identification card on their behalf
  • Is caught altering a government-issued driver’s license or identification card
  • Is caught producing, selling, distributing, or possessing a fake identification card

In most instances, for a first-time offense, the Secretary of State will suspend an individual’s driver’s license for 12 months. For any ensuing offenses, however, your driving privileges may be revoked.

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IL defense lawyerIn the state of Illinois, thousands of people are arrested for drug-related crimes statewide each and every year. While the high arrest totals may suggest minimal criminal ramifications, the reality is that a drug charge can impact your employment status, lead to significant fines, and possibly result in jail time. Despite the fact that recreational marijuana is now legal in Illinois, a person can still face legal consequences for violating the rules outlined in the Cannabis Regulation and Tax Act. Below we will examine various drug charges in Illinois, and the importance of hiring a defense attorney you can believe in when facing charges of this magnitude.

Marijuana Charges in Illinois

As mentioned above, a person can still face marijuana-related charges in the state of Illinois. While it is legal for Illinois residents to possess up to 30 grams of marijuana (non-residents can possess up to 15 grams) possessing more than 30 grams is still considered a serious offense. According to Illinois state law, if you are apprehended while possessing between 30 and 100 grams of marijuana, you will face misdemeanor charges, fines up to $2,500 and up to one year in prison. It should be noted that a repeat offender will face increasingly severe consequences. Unlicensed sale of more than 10 grams of cannabis is considered a felony in the state of Illinois. If convicted, a person charged with unlicensed selling of marijuana will face one to three years in prison and fines up to $25,000.

With the legalization of recreational marijuana in Illinois, law enforcement officials are on the lookout for signs of driving while under the influence of marijuana. Police personnel will look for signs and symptoms such as bloodshot eyes, slurred speech, and the odor of marijuana after pulling over a driver on DUI suspicion. A first-time DUI offender will face Class A misdemeanor charges, and a conviction can lead to potential jail-time and license revocation.

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IL defense lawyerWhen Illinois Governor J.B. Pritzker signed a bill in June of 2019, to make marijuana legal, Illinois became the eleventh state in the United States to legalize recreational marijuana use. The new law officially came into effect on January 1, 2020. Last week, thousands of Illinoisans flocked to cannabis stores to legally purchase marijuana for the first time in Illinois. When some people hear the word legal, they immediately think that means no limits. In all reality, Illinois’ new law comes with a number of restrictions and guidelines. If you are facing drug charges, it is time to speak with a skilled legal professional.

Restrictions to the Marijuana Law

First and foremost, while Illinois’ new marijuana law legalizes recreational marijuana use, it does not legalize it for everyone. Much like with the consumption of alcohol, minors under the age of 21 caught using marijuana will likely face criminal charges. It is also important to note that legal does not mean anywhere. You are legally allowed to smoke marijuana in a private residence or in an established smoke area (in a private establishment). Any private business owner can prohibit the use of marijuana on their property. Marijuana use is also prohibited in motor vehicles, in public parks, and in the presence of a minor.

The legalization of marijuana also comes with restrictions on the amount of marijuana one can possess. If you have more than 30 grams of marijuana at one time, you are breaking the law. A person with upwards of 30 grams of marijuana draws suspicion regarding their intent with the substance, and will prompt police to ask if they are attempting to distribute. It is also illegal for recreational marijuana users to grow a marijuana plant in their residence, although it is legal for registered medicinal users. While the new Illinois marijuana law may make you think that marijuana is legal without restrictions, this could not be further from the truth. Educate yourself on the rules of the law, and help yourself avoid serious legal ramifications.

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IL defense attorneyHere in the state of Illinois, severity of drug possession charges can depend on a number of criteria. Much like in many other states, the severity of potential criminal charges will mostly depend on the amount of narcotics and the type of substance. Recognizing the fact that Illinois is facing major issues involving drug use and drug-related fatalities, the state decided to establish the Illinois Controlled Substances Act designed to criminalize possession and intent to distribute certain controlled substances. Below we will discuss how a drug possession charge can impact you, and how you should react if you have been charged with drug possession.

Drug Possession in Illinois

A lot has changed in the past year, as it pertains to drug possession law in the state of Illinois. The Cannabis Regulation and Tax Act will go into effect in January, changing how law enforcement officials will regulate the recreational use of marijuana. With the passing of the new law, a person will now be able to legally possess up to 30 grams of marijuana. If a person is apprehended with anywhere from 30 to 100 grams, they will face misdemeanor charges, up to one year in prison, and fines as high as $2,500.

While the perception and legality about marijuana have changed statewide, the view on other drugs has not. Possession of substances such as heroin, cocaine, and morphine will result in felony charges. If convicted, the person charged could face an incredible $200,000 in fines. If a person is apprehended with upwards of 15 grams of these substances, they could spend anywhere from four to 15 years in prison. Recovering from a drug charge on your permanent record, and crippling fines can be a tall order for any person. Fortunately, a quality legal professional may be able to help you avoid a conviction altogether.

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IL traffic lawyerIf you have been arrested for a serious crime, it is important to understand the way in which a conviction could ultimately impact your life. Not only do most convictions come with significant fines, potential loss of driving privileges, and even possible jail-time, but the longer-term ramifications of a conviction should not be understated. Having even a misdemeanor charge on your criminal record can drastically alter your ability to find employment, get loan approval, and secure housing opportunities. If you and your family are suffering due to the lingering ramifications of a criminal conviction, it is time to speak with a skilled attorney regarding the possibility of obtaining expungement or having your criminal records sealed.

What Is Expungement?

Due to the fact that criminal records are public knowledge, a prior arrest can hamper the well-being of yourself and your family. A college admissions board, a potential landlord, or a loan expert could all gain access to your criminal record and let your prior court proceedings impact their decision-making process. Because of this, many people seek to have charges erased from their criminal record or sealed from public view, this process is known as expungement.

It should be noted, that expungement is not always possible. In order to be eligible for expungement, one must have completed court supervision or probation period. Unfortunately, even in some cases in which issues with the initial conviction lead to an acquittal or no charges being filed there can still be a mark placed on your criminal record, fortunately, those clients are likely eligible for expungement. If you work with your attorney to challenge the initial conviction in your case and successfully appeal, you still may need to have the charges expunged from your record. It should be noted, that some crimes, including driving under the influence or committing sexual crimes towards a minor, are not eligible for expungement.

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1555 Bond Street, Suite 103A, Naperville, IL 60563

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