Personal Use:

Illinois residents 21 years of age or older will be permitted to possess:

• Thirty (30) grams of cannabis flower,
• Five hundred (500) milligrams of THC contained in cannabis-infused products,
• Five (5) grams of cannabis concentrate.

Non-Illinois residents 21 years of age or older will be permitted to possess cannabis within Illinois. The possession limit for non-residents is:

• Fifteen (15) grams of cannabis flower,
• Two hundred and fifty (250) milligrams of THC contained in a cannabis-infused product,
• Two and a half (2.5) grams of cannabis concentrate.

Under Age 21, it remains illegal for any Illinois resident or non-resident to purchase, possess, use, process, transport, grow or consume cannabis unless authorized under a Medical Cannabis program.

Cultivation:

Only Illinois residents 21 years of age or older who are registered qualifying patients under the Compassionate Use of Medical Cannabis Pilot Program Act may cultivate cannabis plants, limited to five (5) plants per household, without having to receive a grower’s license. To be considered a resident of Illinois, a person must have lived in the State of Illinois for at least 30 days before beginning cultivation.

Cannabis cultivation must take place in an area on YOUR property that is enclosed, locked and easily secured such as a shed, green house or inside your home. You will NOT be permitted to grow cannabis plants in locations that are easily viewed by the public, such as your backyard. The structure where you are cultivating the cannabis must remain locked when it is unoccupied. You must take reasonable steps to ensure the plants will be secure from unauthorized access and/or access by people under the age of 21.

Adult registered qualifying patients may purchase cannabis seeds from a dispensary for the purpose of home cultivation. Seeds may not be given or sold to any other person.

Anyone who cultivates more than the allowable five (5) cannabis plants, or who sells or gives away plants, or plant products, is liable for penalties laid out in the Cannabis Control Act and will lose their home cultivation privileges.

Possession Limitations:

It is legal to use and consume cannabis and cannabis products within one’s own home and in certain cannabis-related businesses. Unless authorized under a Medical Cannabis program, it will remain unlawful to possess cannabis in certain places outside your own home, such as:

• On the grounds of any preschool, primary or secondary school,
• A school bus,
• Any correctional facility,
• Any non-pubic vehicle, unless the cannabis is in a secured, sealed container and inaccessible while the vehicle is moving,
• In a private residence that is used to provide licensed childcare or other similar social service care on that premise.

Consumption Limitations:

In addition to the places where possession remains unlawful, there are additional places where consumption remains unlawful, this includes:

• Any motor vehicle,
• Any public place*,
• Anywhere in close physical proximity to anyone under 21 years of age who is not a registered medical cannabis patient,
• Any place where smoking is prohibited under the Smoke Free Illinois Act,
• Operating, navigating or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis,
• The use by law enforcement officers, corrections officers, probation officers, or firefighters while on duty,
• The use of cannabis by a person who has a school bus permit or a Commercial Driver’s License (CDL) while on duty.

* Public place means any place where a person could reasonably be expected to be observed by others. This would include all parts of buildings owned by the State or a local government. This does not include a private residence unless it is being used to provide licensed childcare or other similar social services on the premise.

Where Smoking is Allowed:

• Private residences not being used as for childcare, adult day care, or healthcare facility or any other home-based business open to the public.
• Retail tobacco stores opened for the purpose of allowing smoking.
• Hotel and Motel rooms that are rented to guests that are designated as smoking rooms.
• Common smoking rooms in long-term care facilities operated under the authority of the Illinois Department of Veterans’ Affairs or licensed under the Nursing Home Care Act.
• Privately owned facilities where consumption is authorized and regulated by the unit of local government in which the facility is located.

Penalties:

Any person who violates the possession limits laid forth in the Cannabis Regulation and Tax Act will be subject to punishment by the law.

Any person who violates the Cannabis Regulation and Tax Act with respect to possessing:

• Not more than 10 grams of any substance containing cannabis is guilty of a civil law violation punishable by a minimum fine of $100 and a maximum fine of $200.
• More than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor.
• More than 30 grams but not more than 100 grams of any substance containing cannabis is guilty of a Class A misdemeanor.
  • Repeat offenders will be guilty of a Class 4 felony.
• More than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 felony.
  • Repeat offenders will be guilty of a Class 3 felony.
• More than 500 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 3 felony.
• More than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 2 felony.
• More than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony.

It remains unlawful for any unauthorized person to knowingly manufacture, deliver, or possess with the intent to deliver cannabis.

Any person who violates this with respect to:

• Not more than 5 grams of any substance containing cannabis is guilty of a Class B misdemeanor.
• More than 5 grams but not more than 10 grams of any substance containing cannabis is guilty of a Class A misdemeanor.
• More than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class 4 felony.
• More than 30 grams but not more than 2,000 grams of any substance containing cannabis is guilty of a Class 2 felony and a fine of $100,000 may be imposed.
• More than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony and a fine up to $150,000 may be imposed.
• More than 5,000 grams of any substance containing cannabis is guilty of a Class X felony and a fine up to $200,000 may be imposed.

Cannabis trafficking will remain unlawful in the State of Illinois. Any person who knowingly brings or causes to be brought into the State of Illinois for the purpose of manufacturing, delivering with the intent to manufacture, or delivering 2,500 grams or more of cannabis is guilty of cannabis trafficking.

It is unlawful to produce or possess more than the allowable five (5) cannabis plant per residence for registered qualified patients. Any person who violates the Cannabis Regulation and Tax act with respect to the possession and production of:

• Not more than 5 plants is guilty of a civil violation punishable by a minimum fine of $100 and maximum fine of $200.
• More than 5 plants, but not more than 20 plants, is guilty of a Class 4 felony.
• More than 20 plants, but not more than 50 plants, is guilty of a Class 3 felony.
• More than 50 plants, but not more than 200 plants, is guilty of a Class 2 felony and subject to a fine up to $100,000.
• More than 200 plants is guilty of a Class 1 felony and subject to a fine of up to $100,000.

If you have other questions, please contact the Law Office of Steven Haney today to schedule your free initial consultation.

The post What You Need to Know About the New Cannabis Laws in Illinois appeared first on Shaneylaw.

One such issue was in regards to an Illinois citizen’s right to grow their own cannabis at their place of residence. This issue has appeared in several other states, and as such each state has their own laws in regards to “home growing.” For instance, while the state of Alaska allows the growth and possession of up to six marijuana plants, the state of Connecticut does not permit any home growth. As of now, the Illinois State Legislation has settled on allowing only medical-marijuana patients to cultivate their own cannabis, as opposed to allowing the previously suggested “universal home cultivation.”

Opponents of home cultivation argue that this would only motivate black market sales of the plant to continue to thrive; conversely, supporters believe that less restrictions are the best option for business owners and believe that they should be allowed to grow it as well as sell it.

As legalizing Marijuana has remained one of Governor Pritzker’s top priorities, it is no surprise that recreational legalization took place soon into the governor’s first term. In a statement regarding the issue, Pritzker said, “Illinois is poised to become the first state in the nation that put equity and criminal justice reform at the heart of its approach to legalizing cannabis.”

Of course, recreational legalization overall was not without opposition in the state. Several Illinois Lawmakers have stated that they believed this legalization would result in higher usage and therefore prove to be hazardous to the public. Several alterations that were made to the bill were done so to address the concerns of the opposition. One such change involves the concerns of impaired driving; a DUI Task Force led by Illinois State Police is in place to be established in order to combat this likelihood.

On May 4, Governor Pritzker took the first step in what was thought to be lengthy process by approving the right of citizens over 21 to buy from licensed dispensaries. With the bill moving swiftly through the Illinois legislature, it is likely that other issues will soon be addressed as well in the very near future, such as criminal expungement.

Laws regarding allowing recreational cannabis are to be enacted within 7 months, likely beginning in January 2020.

The post Landscape Changes Regarding Illinois Marijuana Laws appeared first on Shaneylaw.

Anyone who is convicted of a “sex offense” as defined in 730 ILCS 150/2 (B) is defined as a “sex offender”.  Anyone so defined is required to register as a sex offender. The most typical offenses requiring registration include any child pornography offense, any offense for aggravated criminal sexual assault, criminal sexual assault, and aggravated criminal sexual abuse.

How long is a person required to register? 

The duration of registration depends on whether a person is defined as a “sexual predator” or a “sexual offender”.   Someone defined as a sexual predator must register for his or her natural life. Someone defined as a sex offender must register for a period of 10 years.

The label of sexual predator or sexual offender will depend on the particular offense for which the person is convicted. Anyone convicted of a child pornography, aggravated criminal sexual assault or abuse, or criminal sexual assault will fall into the predator category and be required to register for lifetime.  By default, a sex offender is a person convicted of a sex offense not statutorily defined as a sexual predator and will be required to register for a 10 year period, not lifetime.

Where, when and how does a person register as a sex offender? 

Any person required to register as a sex offender must register within 3 days of sentencing. Registration takes place at the local police department of a persons residence.  It must be renewed annually.  If a persons residence changes, they have 3 days from such change of residence to register at that local police department.

If a person works or attends an institution of higher learning, he or she must register at the local police department for the municipality of that institution as well.

If I am required to register, what happens if I leave town for a short period of time? 

In Illinois, if gone from your residence for 3 days or longer, you must register at the local place department of the location where you will be staying.  If you are leaving Illinois, your registration requirements will be based upon that particular states registration laws.

What are the prohibited places for a person on the registration list? 

Anyone who is required to register as a sex offender cannot:

be present, or loiter within 500 feet, of any school or property of the school attended by children under the age of 18, including day care facilities,

be present, or loiter within 500 feet, of any park where children under the age of 18 are present unless the person is with their own child, 

reside within 500 feet of any school attended by children under the age of 18, and reside within 500 feet of a playground or child day care center.

What are the penalties for failing to register as required? 

Failure to comply with any of the requirements of the Illinois Sex Offender Registration Act is a Class 3 felony which is punishable by 2-5 years in the Illinois Department of Corrections.  A second violation is a Class 2 felony punishable by 3-7 years in the Illinois Department of Corrections.

The post Which criminal offenses require registration as a sex offender? appeared first on Shaneylaw.

The revocation of a persons driver’s license in Illinois from a DUI conviction can be devastating. The process to restore driving privileges can be difficult if not done correctly. Knowing the process and the complications within the process is the absolute key to being successful with the Illinois Secretary of State.

Attorney Steven Haney has practiced in front of the Illinois Secretary of State for over 20 years and has helped hundreds of people restore driving privileges.  In fact, he has lectured to his fellow attorney’s at various seminars to teach lawyers about the Secretary of State process and how to restore a persons driving privileges.

A free initial consultation will include the review of a persons driving record, discussion of the license restoration process and how it will work in a persons individual situation.  Thereafter, attorney Steven Haney will prepare you for your alcohol evaluation and make sure all documents needed for the hearing are in proper order.  Once the evaluation is properly done, an individual study guide will be prepared which shall fully and completely instruct you on what questions you should expect to be asked at the hearing.  Basically, it is the equivalent to having the answers to the test before you take the test.

Thorough and knowledgeable preparation is the key to succeeding with the Illinois Secretary of State. There is no substitute.  This type of preparation only comes from an attorney intimately famialar with the process and its complications.  That does not occur overnight.  It evolves over many years of handling license restoration hearings with the Illinois Secretary of State. Choose your attorney carefully, the return of your driving privileges will depend on it.

I am eligible for full reinstatement.  Should I expect to get my drivers license completely returned at my first hearing? 

Typically, no.  Despite being eligible for full reinstatement, the Illinois Secretary of State will almost always first grant a probationary license called a restricted drivers permit for a one year period.  This is a permit that usually limits a persons scope of driving to work and/or school. After driving on the permit for 9 months, another hearing will be necessary to obtain full reinstatement.

My DUI case just concluded with a conviction and I have been notified by the Illinois Secretary of State that my license is being revoked.  How long can I expect to be without any driving privileges? 

If it is your first conviction for a DUI, you should be able to proceed immediately to get driving relief unless you are still under a summary suspension of your license that arose from the DUI arrest itself.  If it is your second DUI conviction, you will be ineligible for any hearing for one year from your date of revocation and you will not be eligible for full reinstatement for five years from the date of revocation.  If it is your third DUI conviction, you will be ineligible for any hearing for one year from your date of revocation and you will not be eligible for full reinstatement for ten years from the date of revocation.  A fourth DUI conviction will cause a lifetime revocation under current law.

What does a Restricted Driving Permit cover? 

A restricted driving permit limits the scope for which a person can drive.  A restricted permit will allow a person to drive to and from work and within the scope of the job.  It also allow for a person to get to and from school, support meetings for AA, and to/from daycare for a family household member.

Will I need to have a BAIID device installed? 

A condition of a restricted driving permit may require the installation of a baiid device.  This is a breath alcohol interlock ignition device. Anyone who has incurred 2 or more DUI related loss of driving privilegs from separate incidents within 10 years of each such incident shall be required to install a baiid.

My classification is level 3 dependant.  Do I need to attend AA in order to have my license returned? 

Quite simply, the answer is no. Anyone who is assessed as level 3 dependant must present proof that they are using a support system to help maintains sobriety. AA is a traditional support system that works well for many people.  But not everyone benefits from the AA program for various reasons.  The use of family members and close friends can properly substitute as an acceptable support system for a dependant person.  This support system is referred to as Non- traditional support and will work well with the Secretary of State if properly documented and discussed.

How long does the formal hearing process take? 

There is nothing quick about the formal hearing process for return of driving privileges. Typically, once an application for driving relief is submitted a hearing will be scheduled within approximately 8 weeks. At the conclusion of the hearing, a decision is not then provided. It will take approximately another 8weeks to obtain a written decision of approval or denial.

Do I need an attorney to help restore driving privileges and represent me at a Secretary of State hearing? 

No, you are not required to have an attorney.  However, the hearing process is a loaded mine field. Only attorneys practiced themselves in the hearing process know the location of those mines and how to avoid blowing one up.  Many people find this out the hard way and will end up hiring an attorney after being denied.

If you have any questions about the hearing process or how Attorney Steven Haney can help you restore driving privileges, please feel free to contact him for a free initial consutlation.

The post How To Restore Driving Privileges After A DUI Conviction appeared first on Shaneylaw.

Where do bond hearings take place for Will County Criminal cases?

These hearing occur for Will County criminal offenses in courtroom 305 of the Joliet courthouse at 1:30 p.m. and usually require the person to spend the night in custody before the court appearance.

When bond is posted, how long does it take to be released from custody?

Once bond is set by the judge, it can take several hours for all the paperwork to process to allow the payment of the bond. After bond is paid, several more hours may pass until the person is released from custody while he or she is processed out of the Will County jail in downtown Joliet.

What types of conditions or restrictions exist with the posting of bond?

All criminal bail bonds have standard conditions. The most notable are that a person cannot commit any criminal offenses, cannot leave the State of Illinois without court permission, and cannot possess a firearm or dangerous weapon. Additionally, in certain cases bond will also require the defendant not to have contact with the complaint witness in the case. This is most typical in domestic battery cases. Any bond condition can be modified by the judge in his discretion if the judge is give a proper basis to do so. This is routinely done with the restriction prohibiting travel outside the State.

What is the purpose of bond?

The sole purpose of bond is to ensure a persons presence at all future court dates. If a defendant fails to appear for a scheduled court date, the bond can be forfeited to the State and the money is lost.

What happens to the bond at the conclusion of the criminal case?

It will depend on the cases outcome. If there is a dismissal or acquittal, the full bond amount minus a statutory 10% handling fee will be returned to the person who posted the bond. If there is some type of disposition of the case not involving a dismissal or acquittal, bond will always be applied to assessed fines, costs and restitution, if any. Money will, then, only be returned if there is any balance remaining.

The post How is the amount of bond determined for a criminal case? appeared first on Shaneylaw.

Most Illinois misdemeanor offenses, including DUI and reckless driving, are eligible for a diversion program known as “court supervision”. Court supervision is the preferred sentencing option, if available, as it allows for a deferred dismissal of the charge. No conviction enters for
the misdemeanor offense as long as the period of supervision is completed successfully.

No such option exists for someone charged with an aggravated speeding offense. A first time DUI offender can, and usually does, receive court supervision; thereby avoiding a criminal conviction. A person charged with aggravated speeding is not eligible for the same luxury. Arguably, aggravated speeding is a more serious misdemeanor offense than DUI because the law mandates the imposition of an actual conviction that will remain on a person’s driving and criminal history forever.

This disparity in the law takes most people by surprise. Many people ticketed for aggravated speeding initially appear in court without the benefit of an attorney wrongfully assuming the matter will be handled like any other petty offense moving violation. In Joliet, Will County, the judge will typically strongly admonish the person to seek the services of a skilled lawyer due to the potential consequences.

Only an attorney who regularly practices in Will County will have the knowledge of how to navigate the local criminal justice system to best increase a persons chances of avoiding the mandatory criminal conviction required by an aggravated speeding charge.

The post Aggravated Speeding – Illinois’ Newest Criminal Offense appeared first on Shaneylaw.

Drug trafficking involves the movement of any type of illegal drug, including cannabis, into Illinois from any other state for the purpose of distribution. The State must prove that the illegal drug came into Illinois from a location outside of this State.
A drug trafficking charge is one of the most serious drug crimes as it carries a penalty that doubles the potential prison sentence that exists for the simple delivery of the drug independent of the trafficking.

How does the State prove the charge of Possession with Intent to Deliver?

Possession with Intent to Deliver does not, itself, involve the actual delivery of any type of drug. It typically arises after a car search or search of a residence where drugs are found.

Simple possession is generally not sufficient to prove an intent to deliver. Besides a persons admission to holding the drug with the future intent to sell it, the State can prove a person’s intent by a variety of factors. These include the quantity of the drug found, its packaging, as well
as the presence of a scale and/or an unusual amount of cash.

Will I ever learn the identity of the person who helped set me up?

The vast majority of delivery or intent to deliver cases involve a confidential informant who provides cooperation to the police. The cooperation may involve either an “introduction”, a “controlled buy”, or the execution of a “pat doe” search warrant.

An “introduction” involves an introduction of an undercover officer to the defendant by the informant. Thereafter, all dealings occur between the officer and the defendant. A“controlled buy” involves an actual delivery between the defendant and the confidential source that is controlled by the police through surveillance and advancing the money for the purchase of the drugs.

A “pat doe” search warrant involves the informant appearing confidentially before a judge and swearing under oath to having seen drugs in the defendant’s home close in time to the ordering of the search warrant. There must be some showing to the judge, however, that this person’s
information is reliable.

Despite the nature of an informant’s cooperation, the law is very strict in protecting his or her identity. The police reports will never reveal an actual name of an informant and it is extremely unlikely that the Court will ever order the State to give the actual name to the defense.

Are there any type of diversion programs available for drug cases?

There are several available diversion programs available in drug cases that allow a defendant to avoid the typical penalties associated with a drug crime.

“Section 10″ probation is a sentencing option available to first time drug offenders for lower
felony level possession charges. It allows a defendant to avoid any type of criminal conviction, if
the probation period is completed successfully.

Other types of diversion programs may involve “TASC probation”, “second chance probation”, “drug court”, or “impact incarceration” (boot camp). A person’s eligibility for any type of deferral program will depend on a person’s criminal history and the nature of the original charge

What are the range of penalties for drug charges?

Drug charge penalties vary greatly depending on the nature of the charge, as well as the type and quantity of drug involved. Possession offenses are the least serious. They are usually charged as class 4 felonies, the lowest felony level offense. Many such offenses can qualify for probation or a deferred sentence depending on a persons background.

Intent to deliver and delivery offenses are more serious. Many, but not all, involve mandatory prison sentences upon conviction. The seriousness of the individual offense will always depend upon the nature and quantity of the drug involved, as well as a person’s criminal history. A class
X felony charge is the most serious followed in seriousness by class 1, class 2, and class 3 offenses.

You can learn more @ http://www.shaneylaw.com/criminal-defense/drug-crimes/

The post Drug Possession and Delivery appeared first on Shaneylaw.

Everyone arrested for DUI faces a temporary suspension of their driving privileges 46 days from the date they either submit to a breath test, or, alternatively, refuse any type of breath, blood or urine test. This is called a Summary Suspension.

For those who take and fail a chemical test (whether breath, blood, or urine), the suspension lasts for 6 months. For those who refuse any such testing, the suspension lasts for 12 months. In this situation, eligibility exists for a driving permit that is effective for all but the first month of the suspension. This driving permit requires the installation of a breath device known as a BAIID machine (Breath Alcohol Ignition Interlock Device).

If a person had a previous DUI within 5 years of the current DUI arrest, the suspension periods increase to 12 months for those taking and failing the chemical test, and 3 years for those who refuse a chemical test. Additionally, in this situation, there is no driving permit allowed no matter what hardship exists. It is referred to as a hard suspension.

The summary suspension automatically terminates at the end date of the suspension as long as the Secretary of State has received a reinstatement fee of $250.

Am I eligible for a driving permit? Will I need a breath device in my car?

During a person’s summary suspension period, they will be entitled to a driving permit referred to as a MDDP (Monitor Device Driving Permit). This permit allows unrestricted driving for the length of the suspension, except for the first 30 days of the suspension. The first 30 days is known as a hard suspension where no driving is allowed under any circumstance.

After the 30th day, driving can start for the remainder of the suspension period without restriction as long as a BAIID machine (breath device) is installed in the vehicle. The only potential exception to the BAIID requirement is for someone who must drive a company owned vehicle for work purposes.

Anyone who had a prior DUI within 5 years of the current arrest, is ineligible for the permit and cannot drive under any circumstance during the suspension period.

Can anything be done to avoid the summary suspension?

A summary suspension can be dismissed if a judge finds a technical error. An attorney should usually file a Petition to Rescind the Summary Suspension that can allow a judge to rule on the existence of any such error. However, there are limited issues on a request to rescind the suspension.

The issues mainly include whether a hearing was timely provided, whether probable cause existed for the arrest, and whether a person was properly warned of the consequences of taking or refusing a breath, blood, or urine test.

What happens if I am convicted of a DUI? Is a revocation different than suspension?

A conviction for a DUI will result in your driving privileges being revoked by the Illinois Secretary of State.

A revocation of driving privileges differs from a suspension in that a suspension is for a set period of time. At the end of the suspension time period, driving privileges are automatically restored upon paying a reinstatement fee. Driving privileges are returned after a revocation only after a hearing with the Secretary of State wherein a decision is made by them that a return of driving privileges is appropriate. There is no set time period when this occurs. It is, basically, at the discretion of a hearing officer for the Secretary of State.

How can I avoid receiving a conviction for DUI? What is court supervision?

The most obvious way to beat a DUI conviction is to be acquitted of the charge after a trial. This outcome will, of course, depend on the strength of the prosecutor’s case. They always have to prove beyond a reasonable doubt that the accused was in control of a motor vehicle and impaired by alcohol and/or drugs at the time.

DUI arrests are commonly recorded through the use of a squad car video. At times, this can be a huge advantage to the defense as it can remove the officer’s inherent bias from consideration. Refusal of sobriety tests as well any breath, blood, or urine test can make it much more difficult for the prosecutor to win a DUI case.

Absent being able to beat the DUI on it’s merits, a disposition of court supervision is the next best alternative. Court supervision is a deferred dismissal of the DUI case. No conviction enters, thereby avoiding any revocation of driving privileges. However, receiving court supervision for a DUI is a once in a lifetime disposition. Anyone with a prior DUI disposition, no matter how old, is not eligible to receive court supervision.

What are the typical penalties for a DUI case in Joliet, Will County?

The typical penalties for a DUI in Joliet, Will County vary depending upon the past DUI history of the defendant, as well as the circumstances of the individual case.

Usually, a person will be eligible for court supervision for a first DUI arrest. Supervision is a deferred dismissal of the case and avoids the entry of any conviction as well as the revocation of driving privileges. A sentence of court supervision will require payment of fines and costs, attendance at a victim-impact panel, as well as obtaining an alcohol evaluation and complying with its recommendations. If a person takes a breath, blood or urine test resulting in an alcohol content of .16 or greater, 100 hours of public service work will also be required.

A person with a prior DUI disposition is not eligible for supervision and can only be sentenced to a conviction. Any DUI conviction will result in a revocation of driving privileges that can only be restored after a successful hearing with the Secretary of State.

In addition to a conviction, a second DUI requires either a minimum mandatory sentence of 5 days in jail, or, alternatively 240 hours of public service work. If a breath, blood, or urine test was done with a result of .16 or higher, any sentence shall also require a 2 day jail sentence in addition to any other sentence.

A third DUI is felony eligible where the potential penalties increase. A fourth DUI can be charged as a class 2 felony requiring a sentence to the Illinois Department of Corrections upon conviction.

Can I expunge my DUI arrest?

A DUI arrest can only be expunged if the end result of the case is an acquittal. Otherwise, the arrest cannot be expunged or sealed and will always be on a person’s Illinois driving record.

Do the police have to read me my Miranda rights upon arrest?

The police are never required to advise someone of their constitutional rights upon arrest simply because an arrest was made. Miranda rights only need to be given to someone when that person is in police custody and the police are asking potentially incriminating questions.

If the police fail to properly provide Miranda warnings in such a circumstance, any statement given may be suppressed by the Court. Otherwise, the failure of the police to provide someone Miranda rights is meaningless.

The post How will a DUI arrest affect my driving privileges? appeared first on Shaneylaw.

Only the prosecutor has the power and legal authority to start and end a prosecution for domestic violence. In Will County, the State’s Attorney will rarely, if ever, dismiss a domestic battery prosecution on the wishes of the complaining victim. You can learn more about domestic battery here.

What are the penalties for domestic battery?

Domestic battery is, most typically, charged as a class A misdemeanor, and carries a potential penalty of 364 days in jail. In certain circumstances, it can also be charged as a felony carrying more severe penalties.

Additionally, the law requires a mandatory criminal conviction for anyone found guilty of domestic violence. This is one of the most harsh misdemeanor offenses in Illinois due to the mandatory conviction.

How can a conviction for domestic battery be avoided?

A conviction for domestic violence can be avoided in several ways. Pursuing the case through trial with a resulting acquittal is the most obvious. Negotiating a disposition with the prosecutor to amend the charge to a simple battery can also be done in certain circumstances. A simple battery disposition allows for a disposition of court supervision, which is a sentence that avoids the entry of any criminal conviction.

How do I change the no contact requirement of my bail bond?

In Will County, the judge will typically enter a no-contact condition on a person’s bail upon being released from custody. This is a court order that prohibits any contact with the alleged victim, as well as the residence. This is an order that stays in effect until modified by another court order. It does not only stay in effect for 72 hours, as many people wrongfully believe.

However, the judge will typically allow for a modification of the no-contact order if the alleged victim is in agreement with the change. This requires the case to be brought back to the judge’s attention with valid reasons given to the judge why the change should occur.

Do I need an attorney for my domestic battery case?

Anyone has the right to represent themselves. However, due to the severity of the potential penalties for domestic battery and the complexity of the law of domestic violence, the judge will also strongly recommend that any person charged with domestic battery obtain the services of a competent and qualified criminal defense lawyer. Just as you would want an attorney that concentrates in family law for a divorce – like a Joliet divorce lawyer, you would want to contact an experienced criminal defense attorney for a domestic battery charge or accusation.

The post How can a conviction for domestic battery be avoided? appeared first on Shaneylaw.

If someone is arrested without a warrant and for an alleged felony offense, an appearance before a judge will be necessary for bond to be determined.  That person will not be released until the judge sets the bond and its equivalent cash amount is paid.

In Joliet, Will County, Illinois where I practice, bond hearings  are always at 1:30 p.m. in courtroom 305 of the Will County courthouse, unless the arrest occurs on a holiday or the start of a weekend.  In the later instance, Will County has a “holiday court” where a judge sets a bond at 9:00 a.m. in courtroom 121 of the Will County courthouse.  When determining an appropriate bond amount, the judge will always consider the seriousness of the alleged offense, as well as a persons criminal history, and connections to the community.

A bond setting is simply the beginning of any criminal prosecution.  Obtaining an experienced criminal defense attorney to represent you or someone you care about to provide a proper and intelligent defense to any type of criminal charge is almost always necessary to successfully navigate through the complexities of the criminal justice system.  An experienced local lawyer will always have the best insight into how any particular criminal case will be handled by that jurisdiction’s prosecutors and judges.

The post Posting bail for criminal offenses in Will County, Illinois appeared first on Shaneylaw.