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Recent Blog Posts
Driver’s License Reinstatement Hearing
A driver’s license suspension can happen for a number of reasons. Perhaps you were charged with a DUI, or had too many points on your license. Whatever the reason, now you want your license back. And to get it back, you will need to attend a driver’s license reinstatement hearing.
These hearings are held at the Secretary of State Formal Hearing Offices, and the process can be intimidating. Lawyers are present to represent the Secretary of State, and whether or not you can start driving again all depends on the outcome. For your best chance at success, below are some tips to follow that can help.
Bring All Supporting Documents
Your hearing will end before it has even begun if you do not have all the necessary documents. An attorney for the Secretary of State will ask for them before the hearing even starts. A license reinstatement lawyer can advise on the specific documents you will need for your case, but the most common are:
There Are Defenses to Burglary in Illinois
Recently, burglaries occurred on the same day at two different businesses in Chicago. As of this writing, the police had not yet released much information, including whether or not the two incidents are related. They had released basic information about the suspects and are asking for the public’s help in finding them.
Facing burglary charges is extremely difficult, and may seem like a hopeless situation. It is not. A burglary lawyer in Rolling Meadows can help those accused build a strong defense and retain their freedom.
Elements of Burglary in Rolling Meadows
According to 720 ILCS 5/19-1, a person commits burglary when they enter into a building or structure without the permission of the owner or occupier. In order for burglary charges to apply, this breaking and entering must be done with the intent to commit a crime.
The prosecution must prove, beyond a reasonable doubt, that all three elements of the crime existed in order for a court to convict those accused. Refuting these elements will be a strong defense to any case, as this will create reasonable doubt in the minds of a judge or jury.
Been Charged with a Hit-And-Run? Defenses Are Available
When someone is involved in an accident, it is natural for the fight-or-flight response to kick in. It is for this reason that many people flee the scene of an accident. This is particularly true if they do not believe there was major property damage or serious injury. Leaving the scene of an accident could result in a hit-and-run charge. Those charged will face serious consequences if convicted. Due to this, it is important anyone charged knows that there are defenses available.
Illinois Law on Hit-And-Runs
The Illinois Compiled Statute, 625 ILCS 5/11-402 explains very clearly that hit-and-runs are against the law. Those charged with this crime in Illinois may be convicted of a Class A misdemeanor, a possible license suspension, and even jail time in some cases.
In addition to the state statute, it is also law to report certain accidents to the Illinois Department of Transportation within ten days of the incident. Accidents that must be reported are those that result in death, bodily injury, or property damage over $1,500. This law pertains to contacting authorities. Even when minor accidents do not require reporting, all drivers involved are still required to stop. This is mainly so drivers can exchange information in case an issue from the accident arises later.
Is Breaking into a Car Burglary?
Two individuals were recently arrested for multiple burglary charges in the area of 95th Street and Book Road in the Northwest Side. Naperville police say the pair first burglarized a home and then continued to steal from multiple vehicles. Both are facing felony charges, and it raises the question of whether or not vehicle burglary is a felony, or if these charges pertain only to the home they are suspected of breaking into.
Burglary and Illinois Law
According to 720 ILCS 5/19-1, burglary is defined as when a person without permission enters a “building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof with the intent to commit a felony or theft.”
The same statute also states that any violation of this law is considered a Class 3 felony. Under this law, if convicted, the two individuals mentioned above will face felony charges, possibly one for each vehicle entered.
What Are the Laws in Illinois for Passing a School Bus?
Many drivers may understand that they need to stop for school buses when the arm is extended and the lights are flashing. However, few know the severe penalties that accompany violating this traffic law. Every driver in Illinois should know that the law in Rolling Meadows and throughout Illinois takes this violation very seriously. Those convicted will even face a license suspension.
What the Law Says About Passing a Stopped School Bus
The laws surrounding passing a stopped school bus are included in the Illinois Vehicle Code, 625 ILCS 5/11-1414. This piece of legislation indicates that it is against the law to overtake, or pass, a school bus when the bus is stopped to load or unload students.
Drivers must come to a full stop when the bus operator has displayed the extended arm, or when the lights are flashing. Drivers can also not continue traveling until the driver has retracted the extended arm, turned the flashing lights off, or resumed motion. In some instances, such as when there is an issue with these signals, a bus operator may motion to other drivers that they can continue driving. In these instances, a driver may do so.
New Year, New Rules of the Road in Illinois
Most drivers believe they know the rules of the road. These rules include driving under posted speed limits, stopping at traffic lights, and following all road signs, such as school crossings. However, many new traffic rules will come into effect over the course of 2019. Drivers need to ensure they are familiar with these rules as well. If they are not and are found in violation of these new laws, they could be facing hefty fines and other penalties.
New Texting and Driving Laws
Perhaps the most important law that will be introduced later in the year is the new penalties imposed on drivers found in violation of texting and driving. This law, which stems from Illinois House Bill 4846, will come into effect on July 1, 2019.
Texting and driving has been illegal in Illinois since 2014. The new law though, will now consider texting and driving a moving violation rather than a non-moving violation. Moving violations are entered into a person’s driving record. When a person is convicted of three moving violations within a 12-month period, their licenses are also subject to suspension. A first offense carries the same penalty of $75.
What to Expect After a First-Time DUI
Being charged with a DUI is always an upsetting time. Individuals may feel shocked if they did not realize they had too much to drink. When the DUI is a first offense, it is also normal to feel confused and worried about what will happen next.
The first thing individuals should always do after being charged with a DUI is to contact a DUI attorney in Rolling Meadows that can help. An attorney will be able to best explain what will happen in a specific situation and provide a strong defense. This will give those charged the best chance at regaining their freedom and having a clear record once the incident is over.
Generally speaking, there is a procedure that anyone charged with a DUI will have to follow.
Court Appearances and Driver’s Licenses
Immediately after being charged with a DUI, individuals will likely be given a notice that their license is suspended. That suspension often starts 46 days after the arrest. They will also be given a notice of when they must appear before the court for their first hearing.
Understanding the Sex Offender Registry Laws in Illinois
Being convicted of a sex offense in Illinois carries with it several consequences. A person may be sentenced to jail time, high fines, and will most certainly be required to register as a sex offender. The laws pertaining to sex offender registration in Illinois are complicated. They are also very harsh. In fact, a person may be required to register as a sex offender even when they do not have any convictions for a sexual offense. Due to the complexity of these laws, there are many misunderstandings surrounding them.
The information below will explain the most important aspects of the sex offender registration laws within the state. While this information is comprehensive, anyone accused of a sex offense should still contact an attorney that can review their case in more detail.
Crimes Requiring a Person to Register as a Sex Offender
The full list of crimes that require someone to register as a sex offender are fully outlined in the Sex Offender Registration Act. These crimes include everything from child pornography to criminal sexual abuse and more. However, other criminal convictions can also result in a person being required to register as a sex offender. For example, if a person is convicted of murder in the first degree, upon their release from prison, they are also required to register on the sex offender registry.
Expunging a DUI Record
One of the worst penalties for mistakes made or wrongful convictions is that a person has a criminal record for the rest of their life. That criminal record can prevent them from obtaining employment, housing, and other opportunities such as post-secondary scholarships. Due to this, those with past convictions often wonder if there is any way to get their record cleared, and the mark on it erased. This is often the case with those convicted of a DUI. So, is there any way to get a DUI expunged or sealed in Rolling Meadows?
Expunging a DUI
According to the Criminal Identification Act, expunging a record is the act of physically destroying it. Instead of the records being destroyed, the records may simply be given to the person named within them. Their name may also be removed from official and public record with regard to a certain crime.
Under the law, expungement may be possible for certain arrests, court-ordered supervision, probation, and even some felonies. A DUI however, cannot be expunged from a person’s record, no matter what they were charged with or what the sentencing entailed.
Common Defenses to Drug Charges in Rolling Meadows
Being charged with a drug crime, whether it is a simple possession charge or the more serious charge of drug trafficking, can have serious consequences. If convicted, a person may face high fines, jail time, loss of child custody, and loss of immigration rights. After a conviction, individuals also have a permanent criminal record that will follow them for the rest of their life.
While the situation may seem hopeless, it is not. There are several common defenses to drug charges, and a qualified attorney will use them to help anyone accused of committing a drug crime.
Entrapment
Due to numerous television shows and movies that have focused on entrapment, people are often unsure whether or not this can actually be used as a defense. In Illinois, it can. Entrapment occurs whenever a law enforcement officer, or other authority, incites or induces a person to commit a crime. However, if it can be proven that the person was going to commit the crime without any interference from the officer, this defense cannot be used.
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