Illinois criminal defense lawyer John W Callahan discusses the ramifications of felony drug possession in Illinois.
If you have been convicted of a criminal or civil crime, you most likely have been ordered to pay a fine or to pay restitution. The main distinction between a fine and restitution is that a fine is paid to the state or federal government persecuting your crime and restitution is paid directly to your victim for the economic loss you caused to them or to a crime victims fund. You can be ordered to pay both a fine and a restitution.
Your refusal to take a field sobriety test is not an automatic admission of guilt and with the help of an experienced DUI attorney, you could fight the prosecution’s presumption of guilt. If you submitted to a field sobriety test, an experienced DUI attorney can fight to have the results of the field sobriety tests excluded from evidence, in addition to having the arresting officer’s testimony discredited.
A probation violation could range from a missed meeting with your probation officer or the violation can be as serious as a new criminal offense. A probation violation could be reported by anyone, including your probation officer, coworkers, friends, family, and even your ex. Anyone can report you for allegedly violating the terms of your probation. Whether or not you go to jail for a probation violation depends on the seriousness of your violation and the number of violations you have.
In Illinois, if you are under the age of 21 with any trace of alcohol in your system, you will lose your driving privileges based on a zero tolerance suspension. In addition to penalties that occur from a DUI, minors can be charged for unlawful consumption of alcohol by a minor.
Should I refuse a breath test on a DUI? DUI lawyer John W Callahan discusses what to do when a potential DUI arrest occurs.
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.
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...
Criminal Sex Defense Lawyer John W Callahan discusses possible defenses and what you should do if charged with Criminal Sexual Assault in Illinois.
What crimes require someone to register as a sexual offender? How long must someone remain registered?
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.
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.
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.
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.
In Illinois, there are several different offenses that are considered stalking crimes. Stalking falls under a domestic crime in Illinois, and is generally charged as a Class 4 felony.
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 ...
If you hold a medical cannabis registry card, are pulled-over by a police officer, and the officer has reasonable suspicion to believe that you are impaired by the use of cannabis, then you must submit to field sobriety testing.
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.
In Illinois, an individual with a BAC between .05 and .08 may be charged with a DUI if additional evidence shows the driver is impaired. People tend to concentrate on the 0.08 BAC standard, but Illinois law 625 ILCS 5/11-501 lays out the many ways in which a person is considered “driving under th...