Tag Archives: misdemeanor

St. Charles DUI defense attorney

In Illinois, it is against the law to be in actual physical control of a vehicle while under the influence of alcohol or drugs. If a police officer suspects you of drunk driving, you will likely be asked to complete a field sobriety test or breath test such as a Breathalyzer. If your blood alcohol content is 0.08 percent or more, or you show obvious signs of impairment, you face arrest and possible DUI prosecution. Criminal penalties for an Illinois DUI depend heavily on the circumstances of the alleged crime. If you or someone you know has been arrested for DUI, a criminal defense lawyer can help ensure that your rights are fully protected.

First-Time DUI Is Typically a Misdemeanor Charge

Most first-time Illinois DUI charges are Class A misdemeanors punishable by driver’s license suspension for one year, a fine of up to $1,000, and a possible incarceration period of up to six months. Unless certain aggravating circumstances were present, the majority of first-time DUI convictions do not result in significant jail time. Furthermore, you may be able to regain your ability to drive before the driver’s license suspension period ends via a Monitoring Device Driving Permit (MDDP) that will require you to use a breath alcohol ignition interlock device (BAIID). 

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St. Charles felony DUI defense lawyer

Driving under the influence of alcohol or drugs is against the law in Illinois just as it is in every other U.S. state. If you are caught driving with a blood alcohol content (BAC) of 0.08 percent or more in Illinois, you can be arrested and charged with driving under the influence (DUI). The criminal penalties associated with an Illinois DUI conviction will depend heavily on the circumstances of the offense. Some individuals who are convicted of a DUI may qualify for a diversion program and are able to avoid jail time entirely. Others, however, will face years of incarceration for a DUI conviction. Read on to learn more about Illinois DUI law and what you can do if you have been charged with this serious offense.

Misdemeanor DUI

If you are caught drinking and driving and you have never previously been convicted of DUI, you will likely face a Class A misdemeanor DUI charge. The penalties associated with a first-time DUI conviction include the revocation of your driver’s license for one year, a maximum jail sentence of six months, and a maximum fine of $1,000. You may be able to regain your driving privileges if you participate in the Monitoring Device Driving Permit program (MDDP) and install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle. A BAIID works like a breathalyzer and requires the driver to submit breath samples for blood alcohol content (BAC) analysis. A second DUI conviction is also a Class A misdemeanor, but it carries a mandatory minimum jail sentence of five days and a maximum sentence of one year.

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Naperville criminal defense lawyer, shoplifting, criminal defense strategy, stealing merchandise, misdemeanorShoplifting is a form of theft. Like other forms of theft, such as identity theft and fraud, many different actions constitute an act of shoplifting. In its most basic sense, shoplifting is the act of stealing merchandise from a retailer. Stealing money from a retailer is not an act of shoplifting, though stealing merchandise is a roundabout way of stealing money. Breaking into a store to steal from a cash register or forcing a cashier to hand over cash under threat of violence are burglary and robbery, respectively.

Below are four different ways an individual can commit the offense of shoplifting. In Illinois, shoplifting can be charged as a misdemeanor or a felony, depending on the value of the item allegedly stolen.

Concealing Items in Clothing or a Purse

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Ilinois defense lawyer, Illinois criminal attorney, Illinois bills, Two new bills are progressing through Illinois’s state legislature that are designed to encourage inmates get education while incarcerated. One bill rewards educational achievements with sentence credit, while another makes it easier to get a criminal record sealed.

Sentence Credit Bill

Under House Bill 3884, an inmate who passed the GED test would be rewarded with 90 days of sentence credit, or time deducted from the prison sentence. The educational requirement must be completed while the inmate is incarcerated or while in pretrial detention. The bill would increase the days of credit from the 60 days allowed under the current law, and the credit could be added to any other credit earned from the other programs listed in the statute. It only applies to inmates who have not previously graduated from high school or gotten their GEDs.

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Illinois defense attoreny, Illinois criminal lawyer, Illinois court system,In Illinois, court supervision is a desirable sentencing option, and is frequently the most desirable outcome other than an acquittal. Court supervision is generally available in most misdemeanor cases and for most traffic violations punishable only by a fine. It means that you can avoid being convicted as long as you comply with the conditions of the supervision.

Court Supervision Ordered by Judge

A judge may order court supervision after a guilty plea or a guilty verdict at trial. It is available only for misdemeanor charges, and not for felonies. However, it is not available in all misdemeanor cases, including charges of domestic battery, resisting arrest, obstructing justice, or a second DUI offense. Court supervision means a deferred dismissal of the charge. In other words, no conviction will be entered during a period of supervision. When the supervision is completed, the court enters a judgment dismissing the charges, and there is no conviction.

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