Posted on September 26, 2024 in Criminal Defense

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government. Law enforcement must have reasonable suspicion of a crime to search someone’s property or they must first obtain a warrant to do so.

Sometimes police search private vehicles over suspicions of cannabis-related crimes. While marijuana is legal for recreational use in Illinois, drivers are prohibited from driving under the influence of cannabis. Furthermore, Illinois law requires drivers to keep marijuana in a container that is:

• Closed

• Sealed

• Odor-proof

• Child-resistant

• Inaccessible to the driver

Law enforcement officers who smell cannabis odors coming from cars during routine traffic stops have therefore been known to search the vehicles to check if the marijuana is being properly stored.

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 Posted on September 11, 2024 in Criminal Defense

Failing to return library books is a fairly common mistake. People sometimes misplace books they checked out, lose them on trips, or forget they borrowed library materials altogether. Overdue library books have even become the subject of jokes on sitcoms. One Seinfeld episode involves an investigator who launches a criminal probe into the disappearance of a past-due library book.

While it surely earned some laughs, failure to return library materials such as books or videos can be considered theft in Illinois. Since public libraries are taxpayer-funded, library items are considered property of the local government. This article will discuss when failure to return a library book becomes a criminal offense and its penalties. If you have been accused of theft or have questions about how your overdue library books may be viewed by the law, consult an Illinois criminal defense attorney.

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 Posted on August 22, 2024 in Criminal Defense

The moment you hear the words "You are under arrest for drug trafficking," your world can feel like it is crashing down around you. The weight of the situation, the uncertainty of your future, and the fear of what comes next can be overwhelming. However, it is important to remember that being charged does not mean you are guilty. You have rights, and there are steps you can take to protect yourself and your future. An Illinois lawyer can help walk you through what you need to know and do if you have been charged with drug trafficking.

Potential Drug Trafficking Charges in Illinois

Drug trafficking involves the manufacture, distribution, or possession with the intent to distribute illegal substances. In Illinois, this crime is treated as a felony and carries severe penalties, including:

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 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.

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 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.

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 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.

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 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.

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 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.

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 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

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 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:

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