Historically, when a person is arrested and charged with a crime, depending on the nature and severity of the crime, the court will determine the amount of bail the defendant (the person arrested) would need to post to be released from custody until their trial. The purpose of bail is to ensure the defendant shows up for all their court dates. If a defendant does not have the money to post bail, they are forced to sit in jail until their case is resolved.

Criminal justice reform advocates argue that the cash bail system unfairly punishes poorer defendants who do not have the money to post bail, while defendants in higher income brackets are able to walk around free until their trial. This was one of the driving forces why Illinois passed a law in 2021 eliminating cash bail. After much debate and court battles, the law will finally take place this month. The following is a brief overview of the new law. For more detailed information and to make sure your rights are protected if you have been arrested, make sure to speak to an Illinois criminal lawyer.

The Pre-Trial Fairness Act

In 2021, lawmakers passed the Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, an omnibus bill that brought major reforms to the state’s criminal justice system, including in areas of policing, pre-arrest division, pre-trial, sentencing, and corrections. One of the most controversial parts of the SAFE-T ACT was the Pre-Trial Fairness Act which eliminated cash bail. This was supposed to take effect on January 1st of this year; however, state attorneys from more than 60 counties in the state challenged the law. In December, a judge in Kankakee County ruled the law was unconstitutional, putting a hold on that January 1st date.

If you are accused of possessing a fake ID or a related offense in Illinois, it is important to take the charges seriously. Depending on the circumstances, you could be facing a misdemeanor or felony charge, which could come with significant penalties. Even if you are not convicted of ID fraud, the state has the authority to suspend or revoke your driver's license.

If you are facing criminal charges or loss of driving privileges because of an ID-related offense, it is important to have a skilled fraud investigation lawyer advocating for you. Your attorney can help you understand the charges against you and work to get the best possible outcome in your case.

ID Fraud in Illinois

There are a few different ways that you can be accused of possessing a fake ID in Illinois. The most common is using a fake ID to misrepresent your age, usually for the purpose of trying to buy alcohol or cigarettes. However, you can also be charged with possessing a fake ID if you have altered your real ID in any way, such as changing your birthdate or adding fake information. Additionally, you can be charged with this offense if you are caught with someone else's ID, even if it is not altered in any way.

There are many reasons why Illinois citizens can lose their driving privileges. The most common way is an arrest or conviction for DUI. Even if you do not earn a DUI conviction, an Illinois police officer can issue a notice of statutory summary suspension for your driver’s license if you fail a blood-alcohol content test, are unable to complete one or refuse to take a chemical test. The suspension goes into effect on the 46th day after your arrest, and lasts for six months to a year, depending on your circumstances. You may petition to get your driving privileges reinstated by using one of the following two driving permits available to you:

Monitoring Device Driving Permit (MDDP)

These driving permits are typically only available to first-time DUI offenders, but if you have not had a summary suspension within the past five years, you may still be eligible. An MDDP allows you to drive freely during your summary suspension, but you must have a breath-alcohol ignition interlock device (BAIID) installed in any vehicle you drive. After you complete the application for the MDDP, you must return it to the Secretary of State’s office, which will then give you 14 days to have a BAIID installed.