Criminal Lawyer Illinois

The Class C misdemeanor in Illinois is an atypical offense. Most misdemeanor offenses are categorized as Class A misdemeanors, not Class C misdemeanors. The law in Illinois says that a person charged with a Class C misdemeanor is subject to a maximum 30 days imprisonment and fine of $1,500. On the books, there are three types of misdemeanor offenses: Class A misdemeanors. Class B misdemeanors. Class C misdemeanors. The potential penalties adhere to a hierarchy suggested by the above list....

Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year imprisonment. Among the various felony offenses, the law distinguishes them in the following way: Class X felony: Mandatory sentence of 6-30 years in the Illinois Department of Corrections. The defendant is not eligible for probation under any circumstances. It does not matter that the defendant has never been arrested...

All too often a person involved in a hostile confrontation in a domestic relationship will call the police without knowing the serious legal consequences that follow. Usually the person dialing 911 does not intend to have anyone arrested. The person’s motive is usually to calm the situation. But unfortunately, once the 911 call is made, that person loses control of the situation. Police departments nationwide usually have a policy in place for domestic violence cases. If they are dispatched...

Under Illinois law, a criminal offense is generally classified as either a felony or a misdemeanor. The difference between felony and misdemeanor is that a felony has a penalty of one year or more imprisonment, whereas a misdemeanor is a penalty of less than one year. Among the misdemeanor offenses it definitively charged the three types of misdemeanors: Class A, Class B, and Class C misdemeanor offenses. The maximum penalty for a Class A misdemeanor is up to one year perspiration as well as...

One of the most frequently misused terms in criminal law is conviction. All too often a person will talk about a case and say that if they’re found guilty they were convicted. But this is not entirely accurate. Under Illinois law, when a person is found guilty the court enters a judgment against him. The judgment is similar to a judgment against someone who is in debt. The judgment can be enforced against a person. But in a criminal case, the judgment allows the court only to impose a...

All criminal charges in the state of Illinois fall generally into two categories: felony and misdemeanor. The distinction between felony and misdemeanor is that a felony offense has a possible sentence of one year or more imprisonment, whereas a misdemeanor is less than one year. Most states classify their offenses in this same manner. The Illinois Code of Corrections defines a misdemeanor in this way: “Misdemeanor” means any offense for which a sentence to a term of imprisonment in other...

Most people who are accused of theft suffer through feelings of anxiety and fear about the outcome of their case. For defendants charged with misdemeanor offenses, they are looking at a penalty of up to one year in jail and a fine of $2,500. But most of these people are not aware that the offense of theft is not a crime where the property was lost or mislaid. It is a defense to theft charges that the property was lost. The statute for theft is 720 ILCS 5/16-1. Generally, a person is guilty of...

Many people believe that if they are the victim of a domestic violence incident, they can choose whether to press charges. During the course of a domestic altercation, they call 911 wanting the police to show up and calm the situation. In many instances, they do not want the defendant to be arrested. But once the call to the police is made, the situation is taken out of their hands. In Illinois domestic violence courtrooms, the person who is the victim has no say on whether the prosecution will go forward or drop the charges. The State’s Attorney has authority over the case and complete discretion

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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. The statute that criminalizes possession of drug paraphernalia is found in the criminal code at 720 ILCS 600/1 et seq. The law is called the Illinois Drug Paraphernalia Act,...

The criminal offense of possession of drugs in Illinois has two categories: Possession of cannabis (ie, marijuana). This offense is governed by 720 ILCS 550/4. Possession of a controlled substance. The law for controlled substances is 720 ILCS 570/402. All illegal drugs that are not cannabis are classified as controlled substances. For example, the crime of possession of cocaine is called possession of a controlled substance, and the same is true for heroin, ecstasy, etc. The following is a...

An arrest for a felony offense in Illinois has consequences beyond sentencing in court. In addition to the possibility of a prison sentence in the Illinois Department of Corrections, a defendant may lose his driver’s license. The Secretary of State in Illinois has authority to suspend, cancel, and even revoke a person’s driving privileges for a felony offense. The law in this state provides that a conviction for any felony offense in which a motor vehicle was used will result in a revoked...

A defendant who is placed on probation for a criminal offense generally cannot leave the state without permission of the court. The same rule applies while on bond. On request, some courts will grant a defendant permission to travel out of state for a job, or in cases of family or medical emergency. The law allows one exception where a defendant can move out of state. This is called Interstate Compact Transfer pursuant to the Interstate Commission for Adult Offender Supervision (ICAOS). When a transfer occurs, the person’s probation does not terminate, but continues in the next state. A transfer

Shoplifting is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from a store. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16A-13. Anyone who is charged with retail theft for the first time is likely to be surprised at how easily this offense becomes a felony. Taking Items Without Paying The typical case of retail theft involves some factual scenario where the accused took something from a store without...

A charge for obstruction of justice is a serious criminal offense under Illinois state law. While the conduct that leads to a charge of obstructing justice can be considered trivial, such as providing a police officer a false name, the consequences are very serious. Obstruction of Justice is a Felony The statute defining the elements of obstructing justice is 720 ILCS 5/31-4. The statute says it is a felony offense. Because it is a felony, the offense is charged in one of two ways,...