1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Subscribe to this list via RSS Blog posts tagged in DuPage County defense lawyer

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.

...

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.

...

IL defense lawyerHere in the state of Illinois, the way in which a juvenile is tried in court will depend entirely on the crime they committed. If the crime is a serious criminal offense, that would likely constitute a felony charge, such as a sexual assault or homicide charge, they will likely be charged as an adult. For other offenses, such as a minor in possession of drugs or alcohol charge, the juvenile will be tried in juvenile court. While the vast majority of juvenile court mandates revolve around probation, rehabilitation, and possible fines, the long-term implications of a juvenile crime can last a lifetime. Below we will take a brief look at juvenile arrest rates throughout the United States, and the potential consequences a juvenile could face after an arrest.

Juvenile Arrest Rates on the Decline

Nationwide, juvenile arrest rates appear to be on the decline. According to the U.S. Department of Justice, 2016 marked one of the lowest statistical years for juvenile crime in recent memory. Serious juvenile crimes such as violent crimes and robbery with an assault weapon had dropped to their lowest in over 5 years.

Equally encouraging is the fact that juvenile drug arrests were at their lowest level since 1990. In fact, juvenile arrests for all crimes and all racial groups have been declining since 2007. Still, the number of arrests are concerning especially as it pertains to drug and alcohol charges. According to the U.S. Department of Justice’s statistical compiling, more than 36,000 American teens were arrested throughout 2016, for violating alcohol laws. Equally concerning, just under 100,000 American teens were arrested for drug abuse, in 2016 alone.

...

IL defense attorneyHere in the state of Illinois, thousands of people are pulled over each month for driving over the legal speed limit. Due to the fact that speeding is one of the most dangerous acts a driver can take (speeding killed over 9,000 Americans throughout 2017 alone), Illinois police are constantly on the lookout for speeding drivers. While most people assume that minor speeding tickets will come with minimal finage and little impact on their life, in all reality speeding violations should be taken incredibly seriously. If you are charged with driving over the legal speed limit, it may be time to seek out the expertise of a qualified attorney.

The Illinois Point System

According to Illinois state law, minor traffic violations result in points against your driving record. If a person accumulates a certain number of points within a 12-month period, they are likely to face license revocation. Speeding is one of the most common traffic violations resulting in points against one’s driving record. If a person is charged with speeding less than 10 mph over the speed limit, they will receive five points against their driving record. If a person is driving more than 10 mph over the legal limit, they will receive 15 points against them. In Illinois, accumulation of 15 points results in a two-month license suspension.

As the speed of the driver increases, the point total increases as well. For instance, if a person is driving 26 mph over the speed limit they will accumulate 50 points against their license. Driving at these reckless speeds constitutes an aggravated speeding charge. Along with the points against one’s license, aggravated speeding can result in a Class B misdemeanor. If a person is driving more than 35 mph over the speed limit, the aggravated speeding charge can result in a Class A misdemeanor, up to 12 months in prison, and a significant fine.

...

IL defense lawyerDriving is a way of life. The average American drives approximately 37 miles per day. Loss of your driving privileges can significantly impact your quality of life and your livelihood. Here in the state of Illinois, there are a number of traffic violations that can result in license suspension or revocation. Below, we will examine some of the most common violations that could cost you your license. In the event of a traffic violation, it is critically important to seek out the assistance of a qualified legal professional.

Driving Under the Influence of Drugs or Alcohol: Here in the state of Illinois, local law enforcement are constantly on the lookout for signs of inebriated driving. Throughout 2017 alone, more than 27,000 people were arrested statewide for intoxicated driving. Due to the inherent dangers of driving under the influence of drugs or alcohol, a conviction can result in loss of driving privileges. A first DUI conviction will result in a one-year license revocation. Subsequent convictions come with lengthier revocation periods. If you have been charged with a DUI, you need to speak with a legal representative.

Felony Traffic Offenses: The vast majority of traffic violations are considered minor infractions that only result in minor fines. More serious traffic violations, such as driving under the influence are listed as misdemeanors. The most serious violations though will constitute a felony charge. If you commit a felony traffic offense, you will more than likely face a license suspension or revocation. Common felony offenses include multiple DUIs, vehicular homicide, and repeatedly driving without a license. Many felony traffic offenses can also result in significant jail time.

...
Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

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

Back to Top