Articles Posted in Criminal Defense

In addition to losing driving privileges and facing potential jail time, DUI offenders in Illinois may also have their vehicle seized through a procedure known as civil forfeiture. Under Illinois law (see 720 ILCS 5/36-1), any vehicle may be seized and impounded by a law enforcement agency if the vehicle was driven by someone who…

Court supervision is a sentence available once in a person’s lifetime for driving under the influence (DUI) in Illinois. It is the best possible result aside from dismissal or a finding on ‘not guilty’ after trial on a misdemeanor offense. Court supervision is not an available sentencing option for felony offenses. If completed successfully, court…

In our previous post we explained that there are two main parts of Illinois DUI law: the Illinois Statutory Summary Suspension and the criminal charge of DUI. This post addresses the basics of the second part of a DUI case, the criminal charge for Driving Under the Influence. For more information on the Summary Suspension…

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…