Articles Posted in Criminal Defense

Under Illinois law, there are three classes of misdemeanor offenses: A, B, and C. Class A misdemeanor penalties are the most severe, while Class C misdemeanors carry lesser potential penalties. A Class C misdemeanor in Illinois carries a maximum penalty of up to 30 days in county jail and a maximum fine of $1,500 plus…

A Class B misdemeanor in Illinois carries a maximum penalty of up to 6 months (180 days) imprisonment in county jail and a maximum fine of $1,500 plus any mandatory court costs. The defendant may be placed on a period of court supervision, conditional discharge or probation for a maximum of 2 years. Sentencing guidelines…

In order to stop a vehicle, a police officer must have reasonable suspicion that the driver is committing a violation of Illinois law. The Fourth Amendment of the United States Constitution requires that law enforcement have specific and articulable facts that a crime has been committed, or is about to be committed, to justify the…

“Second chance probation” is a sentence in Illinois that allows certain offenders to clear a conviction from their record after serving at least two-years of probation (730 ILCS 5/5-6-3.4). This law, which became effective January 1, 2014, allows the court to sentence the defendant to probation without entering a judgement. Those who have previously been…

Governor Rauner has signed into law a change to the Illinois DUI law involving driving while under the influence of cannabis (marijuana). Until this change, it was illegal to drive with any amount of cannabis in a person’s system. It did not make any difference if the person was under the influence or impaired by…

Kim Foxx will be the democratic candidate for Cook County State’s Attorney, defeating current State’s Attorney Anita Alvarez. Alvarez came under fire after waiting a year to file murder charges against an officer accused of shooting teenager Laquan McDonald 16 times. Charges were pressed only after a judge ordered the squad-car video be released to…

According to jail guards at the Lake County Jail, unsafe jail conditions are causing very dangerous situations. A letter to the Chicago Tribune from Cass Casper, senior staff attorney for the union local, states that there is a “substantial risk of the safety of the officers” due to broken elevators and radio systems. The letter…

A federal lawsuit filed on Monday on behalf of six African-American men contends that the Chicago Police Department’s stop-and-frisk policy has violated their constitutional rights. The lawsuit alleges “suspicionless” street stops led to unlawful searches and seizures as well as the use of excessive force by the police department. The suit is seeking class-action status,…

Orangelo Payne, 35, has filed a federal civil rights lawsuit against the FBI, Chicago police, the Cook County probation department, an FBI agent as well as individual police and probation officers. He alleges that while he was on probation for a drug offense in 2013, his home was illegally searched by an FBI agent and…

Angel Gonzalez, of Waukegan, spent 20 years behind bars before being formally exonerated of rape and abduction charges on Monday. The basis of the exoneration was DNA. While bodily fluids implicate two different men in the crime, neither DNA sample matched that of Gonzalez. Gonzalez appeared in a Lake County courtroom, shackled at the ankles,…