Recent Blog Posts
Defending Against Retail Theft Charges in Illinois
Instances of retail theft can be devastating to a business over time, which is why shop owners and mall operators take security and the prosecution of shoplifting seriously.
Illinois law recognizes retail theft as:
- Taking possession of any sale item without paying the retail price;
- Moving a product out of its original container so as not to pay full price on the item;
- Altering or removing a price tag on an item to pay a lesser price;
- Removing shopping carts from the premise of a store;
- Declaring false ownership of a product that has not yet been purchased;
- Use or possession of a theft detection shield; and
- Maintaining unauthorized control of another’s property.
Retail theft can be charged as a misdemeanor or felony depending on the total value of the merchandise in question. If the value is under $300, a suspect is charged with a Class A misdemeanor and fined up to $2,500, with up to a year of incarceration. Items valued at over $300 result in a Class 3 felony charge, punishable by up to five years in prison and fines up to $25,000.
Penalties for Marijuana Possession and Trafficking in Illinois
While Illinois legalized medical marijuana in 2013, the possession and sale of cannabis by non-registered users remains illegal. These drug charges can have a serious impact on your life, including your employability, your ability to secure loans, and child custody arrangements. Felony charges also carry mandatory minimum sentencing and heavy fines.
Cannabis Possession in Illinois
Like many states, the penalties for simple possession of marijuana have lessened in Illinois in recent years. If you are caught by law enforcement with 10 grams (.35 ounces) or less, it is a civil violation with a maximum fine of $200. Possession of 10 to 30 grams as a first offense is a misdemeanor charge, which can be punished by up to a year in jail and $2,500 in fines. Possession of any amount greater than 30 grams (1.06 ounces) constitutes a felony in Illinois. Penalties range from one to six years of incarceration for 30 to 500 grams (1.1 pounds), to four to 30 years for more than 5,000 grams (11 pounds). Felony possession fines cap at $25,000.
How to Resolve Divorce Disputes Through Mediation
While most divorces come with significant stress and intense disagreement, the divorce process does not have to be an all-out war. Even couples who do not currently get along can make divorce less combative, time-consuming, and expensive by avoiding courtroom litigation. One way to accomplish this is through divorce mediation.
Divorce Mediation Process
In divorce mediation, spouses reach agreements on the provisions contained in their divorce decree by utilizing a third-party mediator. Divorcing couples do not have to be on ideal terms in order for mediation to be successful. They only need to enter the process with a positive mindset and a willingness to find common ground. A skilled divorce mediator will bring extensive knowledge of Illinois divorce law to the table, along with an ability to settle disputes effectively. This means keeping personal conflicts out of the mediation sessions and focusing solely on the business at hand. A mediator’s job is not to be a couple’s counselor. It is to achieve agreements that benefit both parties in their post-divorce life. That said, an adept touch in defusing potential arguments is a beneficial trait for a mediator to have. Divorce mediators address all issues relevant to spouses in crafting a divorce agreement. This includes the division of marital property, child custody, child support, and spousal maintenance. Spouses can adhere to exact state guidelines when it comes to asset division and future payments, or they can create their own arrangements specific to their situation. In mediation, a couple has complete control over what happens. In divorce litigation, it is the exact opposite, as a judge will base decisions on the information provided, with little room for nuance. For couples who have children together, divorce mediation can be the first step toward successful co-parenting. It reduces the amount of anger and resentment involved in the divorce process. By working together, you set a standard of cooperation, and your children are spared the negativity that often emanates from prolonged courtroom battles.
What Are the Consequences of a Speeding Violation in Illinois?
Generally, we like to drive to our daily destinations as fast as we can, and sometimes, there are reasons we need to be quick. Unfortunately, exceeding the posted speed limit can result in a driver being pulled over and issued a speeding ticket.
Speeding is a traffic violation that can have serious consequences. According to the Illinois State Police, 32 percent of all fatal car accidents are caused by drivers disobeying the speed limits. In some cases, speeding violations occur because of driver ignorance, but in others, drivers may violate speed limits because of the lack of proper signage on the road. Drivers should be sure to understand the traffic laws in Illinois and the potential penalties for a violation.
How Fast Should I Be Driving?
Each type of road has a maximum speed limit under Illinois law. If there are no speed limit signs present, drivers are responsible for knowing the proper speed based on the type of road and the conditions they encounter. The speed limits for different kinds of roads in Illinois include:
Dangerous, Unsecured Loads Can Lead to Devastating Injuries for Other Road Users
Illinois state law requires that truck loads be secured in a safe fashion to reduce the risk of debris injuries among other road users. Federal regulations that govern the trucking industry have this same requirement - but not all loads are carried by federally regulated vehicles. Anyone can haul a load of furniture or a dishwasher across town, and if they fail to secure it properly, it can lead to devastating injuries for other road users.
Unsecured Load Accidents Extremely Common in the United States
According to statistics from the American Automobile Association (AAA), truck debris was a factor in more than 200,000 crashes over a four-year period. Two-thirds of those accidents were involving improperly secured loads. That is just for the federally registered vehicles on the road.
Planning a Defense Against Domestic Violence Charges
A number of crimes fall under the blanket of domestic violence in Illinois law, including physical abuse, harassment and threats, and more. In order for charges to qualify as domestic violence, the crimes must have been committed against someone with whom the alleged perpetrator has a close relationship, like a spouse or former spouse, a parent or child, or a current or prior live-in partner.
If you have been charged with domestic violence, you need to get in touch with a criminal defense attorney as soon as possible. You should not talk to police on your own. Instead, wait until you have proper legal representation before engaging in any conversation with law enforcement about the matter.
First Steps in Dealing with Domestic Violence Charges
The first move after being accused of domestic violence may seem obvious, but it is all too often ignored. Ideally, you should cut off communication with the alleged victim as much as possible. The situation is no doubt a tense one, whether you committed a violent act or not, so it is best to avoid any additional problems.
How Does Divorce Impact Your Will and Estate Plan?
When you are going through divorce proceedings, the property and assets that you and your spouse shared will have to be divided. In addition to myriad other legal ties that need to be broken, something you may not have considered is what will happen with your last will and testament. After all, the will you had drawn up during your marriage most likely does not reflect your wishes now.
Illinois law dictates that after a divorce is finalized, neither party will hold legal claim to anything that the former spouse had designated for him or her in their will. However, during the divorce, before the marriage is officially terminated, is a different story. If you were to pass away in the midst of your divorce proceedings, your spouse would still be entitled to whatever your current will states. Therefore, it is important to make needed changes as soon as divorce is filed.
What Constitutes a Felony DUI in Illinois, and What Are the Potential Consequences of a Conviction?
While the courts tend to be fairly lenient on first- and even second-time DUI offenders, typically classifying them as misdemeanors and offering the defendant the option of court supervision, fines, and community service in lieu of jail or prison time, they are not so understanding toward repeat offenders. Drivers who commit a serious crime while intoxicated, such as killing someone in a hit-and-run accident or driving with a minor child in the car, may also face heightened penalties in court. These situations, and others, are examples of situations that may lead to a felony DUI in the state of Illinois.
What Constitutes a Felony DUI in Illinois?
In the state of Illinois, a third or subsequent DUI is considered a felony - and the more DUIs you have, the more severe the penalties typically are. For example, a third or fourth offense DUI typically results in a Class 2 felony charge, while a fifth DUI is generally classified as a Class 1 felony. The latter typically results in heftier penalties for those who are convicted of their charges. Other situations that may lead to a felony DUI include:
How the New Tax Law Will Affect Divorce (and Your Financial Well-Being) in 2019
The number of divorce cases involving spousal maintenance have declined significantly over the last decade. Still, some divorcing parties may need financial assistance from their ex-spouse to achieve a self-sustaining future. Disabled parties who may not have previously qualified for social security because their marital income was too high, stay-at-home parents with little to no recent job training or experience, and financially disadvantaged spouses incapable of maintaining the lifestyle that their marriage afforded are a just a few examples.
Starting January 1, 2019, the tax laws that currently apply to spousal maintenance (which have been in place for more than 70 years) will be completely annihilated. What might this mean for you in your Illinois divorce, and how might it impact your future financial well-being? Learn more in the following sections, and discover how our seasoned divorce lawyers may be able to help mitigate the issues in your case.
Unlawful Possession of a Firearm - The Consequences of Breaking Illinois' Firearm Laws
The United States Constitution indicates that Americans have “the right to bear arms,” but there are some situations that may hinder (or even outright eliminate) an individual's “right” to own, use, or carry a firearm. Since gun laws are made and enforced at the state level, these conditions can vary from one state to the next. Learn more about the consequences of breaking firearm laws in the state of Illinois, and discover how a seasoned criminal defense lawyer may be able to help.
What Constitutes Unlawful Possession of a Firearm in Illinois?
In the state of Illinois, gun owners must possess a Firearm Owner's Identification Card, otherwise known as an FIOD. Without it, you risk being charged with unlawful possession of a firearm. Moreover, if you wish to carry a concealed weapon, you must also possess a permit for doing so. If you are caught with a concealed weapon and do not have one, you could face criminal charges. Other scenarios that may lead to criminal charges for unlawful possession of a firearm include:
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