What if I'm caught carrying an illegal firearm in Illinois?

Posted by John Callahan | Nov 13, 2018 | 0 Comments

To possess a firearm in Illinois, you need a Firearm Owners Identification card (FOID card) issued by the state police. Since 2014, to carry a gun outside of your home or place of business you have to obtain a conceal and carry permit from the Illinois State Police. Illinois laws on concealed carry are some of the most strict in the nation, and you must complete at least 16 hours of firearm training in order to be approved. Automatic weapons, open carry of firearms, and firearm silencers remain illegal in Illinois.

What is an expungement (and how do I request one)?

Posted by John Callahan | Oct 25, 2018 | 0 Comments

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed from state record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defend...

What crimes require someone to register as a sexual offender?  How long must someone remain registered?

Posted by John Callahan | Sep 25, 2018 | 0 Comments

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.

When can the police search my car?

Posted by John Callahan | Sep 20, 2018 | 0 Comments

The Fourth Amendment of the Constitution protects our right to privacy and freedom against unreasonable searches and seizures by the government. In order for the police to search you or your house, they must first obtain a search warrant. However, under the “automobile exception”, it is constitutional for a police officer to search your car without a search a warrant since individuals have lower expectations of privacy when operating a vehicle on the road than they do when they are in their own homes.

Is Domestic Battery a Misdemeanor or Felony in Illinois?

Posted by John Callahan | Sep 09, 2018 | 0 Comments

Under the Illinois Domestic Violence Act, any person who hits, chokes, kicks, threatens, harasses, or interferes with the personal liberty of another family or household member has broken Illinois Domestic Violence law. You may be charged with domestic battery if you knowingly and without legal justification cause bodily harm to any family or household member or if you make physical contact of an insulting or provoking nature with any family or household member.

What is criminal sexual assault?

Posted by John Callahan | Aug 17, 2018 | 0 Comments

Under Illinois law, criminal sexual assault consists of the following elements: Sexual penetration combined with one or more of the following: Use of force or threat of force Victim was unable to understand the nature of the act or unable to give consent Victim is under 18 years of age when the act was committed and the accused was a family member Victim was at least 13 years old but under 18 years of age, and defendant was 17 years of age or older and held a position of trust, authority or supervision in relation to the victim.

What are the Consequences of a Sex Crime Conviction?

Posted by John Callahan | Aug 07, 2018 | 0 Comments

Once convicted of a sex crime, your life may change forever. With sex crimes come the possibility of a lengthy jail sentence and / or face possible lifetime registration as a sex offender, on top of the negative social stigma you will face from a mere accusation. Registering as a sexual offender ...

Social Host Liability

Posted by John Callahan | Jul 26, 2018 | 0 Comments

In Illinois, social hosts of underage drinkers or establishments that provide alcohol to minors can face heavy fines and even jail time. Providing alcohol to minors not only includes serving alcohol to a minor at a restaurant, bar, or nightclub, but also includes hosting a party at your home where minors are being allowed to drink or purchasing a hotel room for minors to consume alcohol.

Refusing a Breathalyzer Test – What are the Legal Consequences?

Posted by John Callahan | Jun 26, 2018 | 0 Comments

If you refuse a breathalyzer test and it is your first offense, your license could be suspended for twelve months as a penalty. If it is your second or third offense, your license could be suspended for up to three years. However, if you already have two or three DUI’s on record, a license suspension for refusing a breathalyzer is a small price to pay compared to jail time for another DUI conviction.

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