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Recent Blog Posts
Federal Drug Convictions Come With Harsher Penalties
U.S. Attorney General Jess Sessions recently instructed federal prosecutors to use the maximum charges in drug cases. If prosecutors follow through on the mandate, it will further illustrate how federal drug charges can have greater consequences for defendants than state drug charges. While both Illinois and federal drug convictions can result in prison sentences, federal laws require mandatory prison time for many convictions.
Illinois Laws
Punishments for drug convictions in Illinois vary, depending on the substance, the quantity and whether there was an intent to deliver:
- Marijuana possession is a misdemeanor if it is less than 10 grams or a first-time offense for not more than 30 grams. The penalty can be no greater than a year in jail.
- A second offense for possessing more than 10 grams or first offense for possessing more than 30 grams is a felony, which can be as high as class 1, depending on the quantity. A class 1 felony for marijuana possession can result in four to 15 years in prison.
Online DUI Classes or In-Person DUI Classes?
Though they are not a new thing, online DUI classes have become more mainstream. They were once only available to individuals who did not have a physical class near them, but now anyone can choose this option. However, it is not the right DUI class for everyone. Learn more about the online classes, including how they compare to physical classes and how it is that you can determine if they are the right option for you.
Advantages to Online DUI Classes
Being forced to attend a physical class is embarrassing and inconvenient on many different levels. First, you must ask for time off work to attend, which means you are going to miss out on the income you need to pay for your class and fines. You also need to arrange a ride to the class; this may require asking a friend, neighbor, or family member that may not know about your DUI arrest. So, now everyone knows about the mistake you made. Online classes can help you avoid all this trouble.
Understanding Internet Sex Crime Charges
A sex crime conviction can result in devastating punishments that follow you for the rest of your life. Besides prison time and fines, you may be required to publicly register as a sex offender. Even the accusation of a sex crime may be enough to ruin your reputation. The growth of the internet has increased the ways people can be accused of sex crimes, and the digital trail left on a computer makes it easier to gather evidence. There are several types of internet-related sex crimes you can be charged with.
Child Pornography
The possession of child pornographic materials is a serious offense. Illinois law defines child pornography as:
- Any visual medium, including videos and pictures;
- Involving someone younger than 18 or with a severe mental disability; and
- Depicting nudity or a sexual act, either actual or simulated.
Do You Qualify for an Expungement?
Having an arrest on your record is more than just embarrassing; it can impact your ability to find employment and housing. Expunging your record can help you work around these issues and may even give you an opportunity to pursue an overall better quality of life. Learn more about record expungement, including how to determine if you qualify, how to take the first step, and where to find help.
Do You Qualify?
Not everyone qualifies for expungement. To be eligible for expungement, you may not have any pending charges against you. Additionally, the disposition of your case must read:
- Acquittal (Finding of Not Guilty);
- NP (Nolle Prosequi);
- Dismissal;
- Supervision (successfully completed);
- FNPC (Finding of No Probable Cause); or
- SOL (Stricken with Leave.
Illinois Enacts New Law to Assist in Reducing Prison Population
The Governor of Illinois recently signed into law Senate Bill 2872 which should assist in reducing the state's prison population, as well as implement programs to help make communities safer. Referred to as the Neighborhood Safety Act, the new law also includes recommendations offered by the Illinois State Commission on Criminal Justice and Sentencing Reform.
The state has recently enacted several criminal justice reform laws which all aim to reduce Illinois prison population by 25 percent by the year 2025. The Neighborhood Safety Act will help reach this goal by giving the courts more discretion when it comes to sentencing. Judges will now be able to sentence convicted defendants to probation instead of jail or prison when they feel the circumstances warrant that sentence.
There will also be more rehabilitative programs made available to inmates, such as life skills training, substance abuse programs, and career training. Supporters of the new law noted that many offenders are released from prison in worse shape than when they entered, often leading to a cycle of recidivism. Giving inmates the tools to successfully reenter society so they do not return to criminal activity will help decrease the prison population.
Limited Immunity for Possession - What You Should Know
According to statistics, over 43,000 Americans die from a drug overdose each year. Many of these deaths involve opioid drugs, such as heroin, OxyContin, and hydrocodone. More specifically, Illinois saw over 1,300 heroine and prescription drug overdose deaths in 2012 alone. A large percentage of these deaths could have been prevented, had those with the person not been in fear of criminal charges for drug possession.
Thankfully, Illinois had implemented a policy that provides limited immunity to those who call for emergency medical treatment for a person who has overdosed. What do these laws look like, and how do you know if they apply to your situation? The following information may help.
Understanding the Illinois Immunity Law
In response to Illinois’ drug epidemic and startling rise in opioid deaths, lawmakers passed a bill in 2012 that provided limited immunity to anyone seeking emergency medical treatment for someone who has overdosed. This increases the chances that the overdosed person will receive naloxone, which can reverse the effects of an overdose and has, in many instances, saved lives of overdose victims.
The Flawed Science of Field Sobriety Tests
Almost everyone has seen, heard of, or experienced a field sobriety test. However, few people realize that these tests are based upon flawed science. In fact, one news source found that passing a field sobriety test is difficult, even when one is sober. Add in the stress, anxiety, and fear of actually having to go through it, and you have a recipe for a wrongful DUI conviction. Learn more about the flawed science of field sobriety tests, and how you can fight back against your DUI charge, with help from the following.
News Team Asks Sober Mall Goers to Complete Test
In 2013, NBC News stopped three people in a local mall and asked them to complete the field sobriety test. All three of them failed at least one portion. Balance issues and sleep deprivation were said to be some of the reasons that these folks struggled, but the truth is that these tests are far more difficult to pass than one might expect.
Actions That Could Result in a Suspension of Your Illinois Driver’s License
Driving is a privilege, not a right, and certain actions can cause you to lose that privilege. In some instances, the loss may be temporary (license suspension). In others, it may be revoked or cancelled. Learn what these actions are, and how you can fight against a suspension or revocation of your Illinois driver’s license.
Driving Under the Influence
Driving under the influence of alcohol, illicit drugs, or certain prescription drugs can result in criminal charges. It can also result in a suspension of your driving privileges for a term of one year or longer, depending on your number of convictions. For drivers under the age of 21, any level of alcohol or drugs in the system can result in suspension. Adults can lose their driving privileges for driving with a blood alcohol concentration (BAC) of 0.8 or higher, or for having drugs in their system.
Understanding the Consequences of Underage Drinking in Illinois
Illinois has some of the strictest drinking and driving laws in the nation. In fact, even first-time DUI offenders are at risk for losing their driving privileges for a year or longer. Underage drinkers do not fare any better. In fact, the penalties for minors could, in some cases, be more severe than those experienced by adults. If you or someone you love is facing an underage DUI or other alcohol-related offense, the following can help you understand the consequences, and how an experienced criminal defense attorney may be able to help you avoid them.
https://www.illinois.gov/ilcc/Education/Pages/Under21Laws.aspx
Facing Domestic Battery Charges in Illinois – What You Need to Know
Those who are arrested on domestic battery charges are often stigmatized by the outside world. They are seen as abusers – monsters who harm those that love them. Yet this is not always the case. In fact, there are many situations that can lead to a charge for domestic battery. Some may not even include actual harm to a victim. If you are facing criminal charges for domestic battery in Illinois, learn what your rights are, and how you can fight back to protect your future, and your family.
What is Domestic Battery?
Domestic battery is defined as the commission of bodily harm, or the physical contact, insulting, or provoking of a family member in a way that leads them to believe they may be at risk for bodily harm. This applies to more than just live-in family, such as a sibling, parent, intimate partner, spouse, or child. It can also be considered applicable to threats or harm to an ex-spouse, ex-partner, or other close person. It can also apply in situations involving a caregiver and an elderly, disabled, or otherwise vulnerable person with which no relational ties exist.
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