Posted on August 08, 2024 in Traffic Violations

Receiving a tailgating ticket can be a frustrating experience. While following too closely is a serious offense that endangers road safety, there are potential defenses that may help you contest such a citation. An Illinois lawyer can help you determine possible effective strategies to challenge a tailgating ticket.

What to Know About Tailgating Laws in Illinois

To effectively contest a tailgating citation, one must first grasp the legalities surrounding this offense. The Illinois Vehicle Code 625 ILCS 5/11-710 stipulates that drivers must maintain a "reasonable and proper" distance from the vehicle ahead. This intentionally broad language serves a dual purpose.

Continue Reading ››

 Posted on July 29, 2024 in Criminal Defense

With today’s online marketplaces and the ability for virtually anyone to sell things to another person, purchasing stolen items can become an issue. Under Illinois law, it is illegal to purchase or possess stolen property, and charges for purchasing or possessing stolen items can be surprising for individuals who did not know the item they were buying was stolen. A knowledgeable Illinois theft defense lawyer can help you navigate charges for purchasing a stolen item.

Understanding Illinois Theft Laws

The Illinois Criminal Code outlines theft laws for the state, stating that if a person knowingly obtains control over an item that was stolen, or one that the person could have reasonably concluded to be stolen, he or she can be charged with theft.

Examples of situations where you might be able to reasonably conclude that an item is stolen include purchasing a designer item for a fraction of the cost, purchasing a car without a history or title, or purchasing an item that still has security tags attached.

Continue Reading ››

 Posted on July 10, 2024 in License Reinstatement

Secretary of State hearings occur in Illinois when you need to get your driver’s license reinstated, or when you are facing accusations of obtaining a driver’s license fraudulently. These hearings can be confusing, and it is important to have legal representation at your hearing to ensure your rights are protected.

An experienced Illinois Secretary of State hearing attorney is key to maximizing your chances of reinstating your driver’s license and making sure your best interests are protected during your hearing.

Understanding Illinois Secretary of State Hearings

In Illinois, there are two different types of Secretary of State hearings – informal and formal. Most of the time, drivers can attend an informal hearing to reinstate their license if the driving offense is minor and qualifies for an informal hearing.

Continue Reading ››

 Posted on June 10, 2024 in Criminal Defense

While the summer months are perfect for spending time outdoors, Illinois tends to experience an increase in violent crimes during the summer months, especially in large cities. Many studies have aimed to pinpoint the correlation between violent crimes and hot weather, with several factors showing that certain crimes are more commonly encountered during the summer.

If you are arrested for a violent crime this summer, it is vital that you contact a skilled Illinois criminal defense lawyer to advocate for your rights and provide you with legal guidance.

Statistics Show Violent Crimes Increase With Hot Weather

It may come as no surprise that hot weather tends to increase tensions and crime, and studies have shown that the summer months do lead to an overall increase in violent crimes such as robbery, theft, aggravated assault, homicide, and sex crimes.

Continue Reading ››

 Posted on May 31, 2024 in Criminal Defense

In Illinois, trespassing charges can be handled on a criminal or civil basis. Civil trespassing charges typically end up in civil court with a lawsuit, while criminal trespassing charges can leave you with misdemeanors on your record. Criminal trespassing cases are more severe than civil trespassing cases, and it is important to consult a knowledgeable Illinois criminal defense lawyer if you find yourself faced with a criminal trespass charge.

What Is Criminal Trespass in Illinois?

The Illinois Criminal Code defines criminal trespass as entering a building illegally, entering onto private property after having been told to stay away, including by a sign, or remaining on private property after you have been asked to leave.

This differs from civil trespass, which typically occurs in conflicts between landlords and tenants. For instance, if a renter fails to pay rent and remains on a property even after being evicted, he or she risks being sued in court for civil trespass.

Continue Reading ››

 Posted on May 07, 2024 in Traffic Violations

Reckless driving is common in Illinois, though that does not make it any less dangerous. Illinois law has a specific definition for reckless driving, and people charged with reckless driving may face prison time or fines, depending on the circumstances. If you are facing a reckless driving charge, it is important to reach out to an Illinois reckless driving defense lawyer for guidance.

Illinois Reckless Driving Laws and Consequences

Under Illinois law, reckless driving is when a driver either drives with a “willful or wanton disregard” for safety or operates his or her vehicle when approaching an incline in a way that causes the vehicle to become airborne.

Common types of reckless driving behavior include the following:

• Excessive speeding

Continue Reading ››

 Posted on April 25, 2024 in Criminal Defense

Criminal record expungement is the process of removing items from your criminal record so that they are no longer visible to the public. This can have many beneficial impacts on your life, as once your criminal record is expunged, it is essentially destroyed, and employers, government agencies, schools, and financial institutions will no longer be able to see details about your criminal history.

A knowledgeable Illinois criminal record expungement lawyer can help you learn if you are eligible for this process and guide you toward expungement.

Do I Qualify for Criminal Record Expungement in Illinois?

Only certain types of arrests or criminal charges qualify for expungement in Illinois. You should note that pending criminal cases or charges cannot be expunged until a final decision has been made on the case. Circumstances that may qualify you for a criminal record expungement in Illinois include the following:

Continue Reading ››

 Posted on April 05, 2024 in Traffic Violations

Even though speeding tickets are not typically seen as a huge deal, the reality is that multiple speeding offenses can land you with points on your license and the potential for serious legal consequences. Illinois takes speeding and traffic violations seriously, and you may be left facing a loss of your license, jail time, or other penalties depending on the circumstances of your speeding ticket.

A skilled Illinois speeding ticket defense attorney can help you navigate your legal options when facing a speeding charge.

Points On Your License May Result In Suspension

For every speeding ticket or other moving violation you receive, points may be applied to your license. Drivers who are over 21 and receive three or more speeding or traffic violations within a year may risk having their license suspended, while drivers under 21 risk having their license suspended for two violations within a two-year period.

Continue Reading ››

 Posted on March 15, 2024 in DUI

Under Illinois law, it is illegal for drivers aged 21 and older to operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, that legal limit is 0.04 percent. If the driver is under 21, then they are subject to the state’s zero-tolerance policy that prohibits any detectable amount of alcohol in the driver’s system while driving.

Despite these legal limits, there are still some situations where a driver can be charged with DUI even if tests show a BAC under the legal limit. If you have been charged with drunk driving, it is imperative to contact an Illinois defense lawyer right away to ensure your rights are protected.

Factors in a DUI Charge

Although the state does have BAC limits listed above, these limits are not absolute, and drivers can still be charged with DUI if they show signs of impairment despite having a BAC below these thresholds. Police officers are trained to recognize the physical and behavioral signs of intoxication. Some of the common signs an officer may look for when there is a suspicion of drunk driving are slurred speech, impaired coordination, erratic driving behavior, and the odor of alcohol on the driver’s breath or in the vehicle. Suppose an officer suspects that a driver is drunk based on these observations. In that case, they may request field sobriety tests or a breathalyzer or blood test to assess the driver’s level of intoxication.

Continue Reading ››

 Posted on March 07, 2024 in Criminal Defense

If you are convicted of a crime in Illinois, one of the potential sentences is that you can receive probation. Although probation does mean the convicted individual avoids jail time, there are constraints put in place that he or she must follow, or they risk violating their probation, which can lead to additional legal problems. Speaking with an Illinois criminal defense lawyer is critical if you have been charged with any crime or are accused of violating your probation.

What Is Probation?

The goal of probation is to rehabilitate a person who has been convicted by providing them with opportunities to address underlying issues contributing to their criminal behavior. This may include participation in counseling, therapy, substance abuse treatment programs, or educational and vocational training.

Continue Reading ››