Underage Drinking/Consumption of Liquor by a Minor and Your Illinois Driver’s License

Underage Drinking/Consumption of Liquor by a Minor and Your Illinois Driver’s License was first published to: Gruszeczki & Smith Law, LLP Chicago

Illinois residents who are under the age of 21 and have been charged with possessing or consuming alcohol need to be mindful of the consequences that may accompany these charges. Pursuant to 235 ILCS 5/6-20 a person who is under 21 years of age who transfers, possesses or consumes alcohol faces a Class A misdemeanor. A Class A misdemeanor is punishable by up to 364 days in jail and a fine of $2,500 for each offense. Additionally, pursuant to Illinois Statute when a person is convicted of underage drinking the Illinois Secretary of State can suspend that person’s driver’s license even if the arrest or offense has nothing to do with a motor vehicle. When a person has been charged with Consumption of Liquor by a Minor it is important to remember that your criminal record and your Illinois driving record can be adversely affected.

If you or someone you know is charged with Underage Drinking or DUI it is important to hire experienced attorneys to protect not only your driving record, but also your criminal record. Contact Gruszeczki & Smith Law at 312-253-7343 for a free consultation today.

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Aggravated Speeding (625 ILCS 5/11-601.5) and Your Criminal Record

Aggravated Speeding (625 ILCS 5/11-601.5) and Your Criminal Record is republished from: https://chicagolandcriminaldefenseattorneys.com/

Now, more than ever before, Illinois drivers need to be wary of how fast they drive on the roadways. At certain speeds a traffic ticket is no longer a petty offense, but instead becomes a more serious misdemeanor. A driver who is traveling between 26 and 35 mph over the speed limit may face charges for a Class B misdemeanor punishable by up to 6 months in jail and a fine of $1,500 for each offense. A driver who is traveling 35 mph or more over the posted speed limit may face charges for a Class A misdemeanor which is punishable by up to 364 days in jail and a fine of $2,500 for each offense.

Currently, there are some situations where aggravated speeding is an offense that is not eligible for supervision whether it is charged as a Class A or Class B misdemeanor.
(more…)

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Driving on a Suspended or Revoked License and Mandatory Jail Time

The following blog post Driving on a Suspended or Revoked License and Mandatory Jail Time was first published to: Gruszeczki & Smith Law, LLP

Illinois drivers who are currently driving a car while their driver’s license is suspended or revoked need to be mindful that in many circumstances they could be facing a mandatory jail sentence if they are arrested and convicted. Illinois law mandates that drivers who are convicted of a third violation of 625 ILCS 5/6-303 are facing 30 days in jail or 300 hours of community service unless the suspension or revocation is based on a DUI, accident involving death or personal injury, or a Statutory Summary Suspension.

If an Illinois driver’s license is suspended or revoked based on a DUI, accident involving death or personal injury, or a Statutory Summary Suspension, then the penalties become much more severe. In these cases, if you are caught driving the penalty increases based on the number of prior violations that you have committed.  A first violation is a Class A Misdemeanor and carries a minimum sentence of 10 consecutive days in jail or 30 days of community service. A second violation is a Class 4 Felony and carries a minimum term of imprisonment of 30 days or 300 hours of community service.  A third violation is a Class 4 Felony and carries a minimum of 30 days in jail.  A fourth, fifth, sixth, seventh, eighth, or ninth violation is also a Class 4 Felony and it carries a minimum term of imprisonment of 180 days. A driver who is charged with a Class 4 Felony for driving while the license is suspended or revoked can receive probation, but only after the mandatory jail time has been served.

If you are caught driving while your license is suspended or revoked then it is important to remember that any decision you make could result in your incarceration. It is important to retain an experienced attorney immediately who can navigate the complexities of your case, your driving history, and the Illinois court system. Contact Gruszeczki & Smith Law at 312-253-7343 for a free consultation today.

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Is Domestic Battery a Misdemeanor or a Felony?

Is Domestic Battery a Misdemeanor or a Felony? is courtesy of: www.chicagolandcriminaldefenseattorneys.com

Domestic Battery may be charged as a Misdemeanor or a Felony depending on the facts and circumstances of each individual case and the background of the accused.  There are many circumstances that may result in a Felony Domestic Battery charge.  Some of those circumstances are:

1. If the accused has a prior conviction for violating an order of protection;
2. If the accused has a prior conviction for murder, attempt murder, aggravated domestic battery, aggravated battery, stalking, criminal sexual assault, kidnapping, aggravated arson, aggravated discharge of a firearm and other crimes (see 720 ILCS 5/12-3.2(b) for a full list);
3. If the accused has two or more convictions for domestic battery.

Can I receive supervision for a charge of Misdemeanor Domestic Battery in Illinois?

No.  Illinois law expressly forbids a judge from granting a term of supervision for a person who has been found guilty of domestic battery.  See 730 ILCS 5/5-6-1.  However, in some cases it is possible to amend the charge to Misdemeanor Battery under 720 ILCS 5/12-3.  If the charge is amended to Battery under 720 ILCS 5/12-3 a person may be eligible for a sentence of supervision.

If I am convicted of Misdemeanor Domestic Battery will I go to Jail?

Domestic Battery is a Class A Misdemeanor.  A Class A Misdemeanor is punishable by up to 364 days in jail.  Further, a person may be fined up to $2,500.  Alternatively, there are dispositions available that would allow a person to avoid serving time in jail including probation or conditional discharge.  See 730 ILCS 5/5-4.5-55 for a full explanation of possible sentences.  However, in some circumstances jail time may be mandatory per Illinois law.  If a person is convicted of Domestic Battery for a second or subsequent time, that person must serve 72 consecutive hours in jail.  See 720 ILCS 5/12-3.2(b).

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What is the real interpretation of a Personal Injury? is courtesy of: www.chicagolandcriminaldefenseattorneys.com

What is the real interpretation of a Personal Injury?

That's why it's really crucial that, if you've been a target of personal injury, you choose the appropriate personal injury attorney to represent you. Your personal injury attorney should be able to properly examine the advantages of a personal injury case, approximate its monetary worth, and determine the finest approach for seeking it. Your personal injury lawyer ought to likewise who keep existing with the most recent growths in personal injury regulation.
These corporate attorneys seek to pay out the least quantity possible, so an unskilled personal injury lawyer might be at a downside in these settlements. Most personal injury claims are settled out of court, directly injury attorneys occasionally acquire positive negotiations by intimidating to take situations to test.

Personal injury cases are caused by physical injury or psychological suffering brought on by activities or negligence of another event.
Personal Injury instances can consist of Auto Accidents, Smear Campaign, Item Defects and also Medical Malpractice to name just a few. In order to make sure if your personal injury instance has legitimacy in the eyes of the legislation, speak to a lawyer in your state.
If you endure unexpected personal injury or problems with the mistake of an additional, that person or service is legitimately accountable (accountable) and also can be called for to pay settlement. To figure out duty, the court tries to find neglect-- carelessness by among the events included. Whoever is identified to have been much less careful (i.e. extra irresponsible), is legally responsible for at the very least component of the problems incurred.
Compensation is generally awarded based on the stamina of your documents and also degree of injury. A lawful professional is suggested in Personal Injury instances over all others in order to maximize your compensation despite the Insurance policy business, which typically protect such instances.
Personal injury instances are severe matters. They often include grave injury, long-term disability, as well as also death. Sufferers rely on the personal injury attorney to recuperate economic problems that are required to cover their medical therapies, change completely lost revenue, as well as compensate for their discomfort as well as suffering.
Without a certified, experienced personal injury attorney, their chances of receiving reasonable payment drop. That's why it's actually vital that, if you have actually been a victim of personal injury, you pick the appropriate personal injury legal representative to represent you. Below are a few things to think about when making your selection:
Pick a lawyer who focuses on personal injury
Your personal injury attorney ought to be able to properly evaluate the advantages of a personal injury situation, approximate its financial value, and determine the finest technique for pursuing it. She or he ought to also have extensive experience in the field. Your personal injury lawyer should also that maintain present with the most recent developments in personal injury regulation.
Pick a personal injury attorney experienced in dealing with insurance provider
Insurance coverage company legal representatives represent most personal injury case defendants. These corporate legal representatives seek to pay out the least amount feasible, so an inexperienced personal injury lawyer might go to a drawback in these negotiations. Therefore, picking a personal injury legal representative with a tested record of successful settlements is essential.
Select a personal injury legal representative with test experience
Although the majority of personal injury cases are resolved out of court, directly injury lawyers sometimes get positive negotiations by threatening to take instances to test. The offenders are often ready to pay more cash to the complainants to avoid costly trials, negative publicity, as well as the opportunity that a court would honor the complainants even more loan. In this situation, experience is crucial: if your personal injury attorney has actually never ever won cases in court, the accused in your claim may not take the threat of mosting likely to test seriously.

 

Law Offices of Parente & Norem, P.C.
221 N LaSalle St 27th Floor, Chicago, IL 60601
(312) 641-7803

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Personal injury law

The following post Personal injury law is courtesy of: Gruszeczki & Smith Law, LLP Blog

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Electronic Monitoring or Home Confinement in Cook County

Electronic Monitoring or Home Confinement in Cook County is courtesy of: https://www.chicagolandcriminaldefenseattorneys.com/

Often times when a defendant in a criminal case is released on bond by the Cook County Sheriff he is placed on Electronic Monitoring (EM).

EM is essentially home confinement. A defendant is issued an ankle bracelet and the Cook County Sheriff monitors the movements of the defendant 24 hours a day. EM can present additional hardships to the accused during the pendency of a criminal case. The Cook County Sheriff must grant a defendant on EM the right to leave his home for work, medical appointments, legal consultations and even funerals or other family events.

EM Details – What Your Criminal Defense Attorney Can Do For You

If a criminal defendant works in a single location then the Cook County Sheriff will require a letter from a supervisor indicating what hours the defendant works. If the accused must travel for work or works a job with ever changing locations, the Cook County Sheriff’s Office must be notified 24-48 hours in advance in order to grant a defendant permission to travel to jobsites. Often times, the Cook County Sheriff will request a Court Order from the Judge before allowing the accused to too much freedom for work related travel. Furthermore, a criminal defendant who needs to meet with his attorney must be given permission to do so. An attorney can send a request to the Cook County Sheriff detailing the time and location of the meeting. Generally, the Cook County Sheriff will honor those requests if they are given adequate notice. While EM is generally considered a better alternative to sitting in the Cook County Jail during the disposition of a criminal matter, it does present significant hurdles. However, most of these hurdles can be overcome with the aid of a knowledgeable attorney.

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Understanding the Chicago (Cook County) Bond Court Process

The following article Understanding the Chicago (Cook County) Bond Court Process is available on: Chicagoland Criminal Defense Attorneys Blog

My loved one has been arrested in Chicago.  How do I know where their bond hearing will be?

When a loved one has been arrested in Chicago it can be a very confusing and stressful time.  It is important that you know what to expect and how to locate your loved one in order to be there for the bond hearing and to hire an experienced attorney to appear on behalf of your loved one.

The location of the bond hearing depends on where the accused was arrested, what they were arrested for, and even the day of the week that they were arrested.  The Cook County Circuit Court provides useful information on their website for locating your loved one here.  Finding the correct location of bond court is only the first step in working your way through this stressful process.  Once you have located which courthouse the bond hearing will take place at it is important to hire an experienced attorney to represent your loved one in court in order to give them the best chance of being released on bond.

What is bond court or a bond hearing?

A bond hearing or bond court is an opportunity for the prosecutor to inform a judge of the charges against a person.  The prosecutor can also present facts of the arrest to the judge and the judge must make a determination that probable cause exists to hold your loved one.  Further, the prosecutor will tell the judge about the criminal history (if any) of the accused.  The prosecutor may also request certain conditions of bond.  These conditions of bond may prevent your loved one from being near certain people or places, remaining on home confinement, or turning in a passport or FOID card.

An attorney for your loved one is then given an opportunity to tell the judge about the accused.  This information can include, employment history, school history, family history and other pertinent information.  The judge then sets a bond and may impose restrictions or conditions on the accused.  It is important to have an experienced attorney represent your loved one in court to ensure that he or she is released on bond and not held in the Cook County Jail for the duration of their case.

What type of bond can my loved one receive in bond court?

There are 4 main types of bonds that your loved one can receive.  They are:

1)      I-Bond – An I-Bond means that the person will be released on their own recognizance.  All the accused must do is sign their name.  This signature represents the accused’s promise to return to court and comply with any and all conditions of bond imposed by the judge.  The accused DOES NOT HAVE TO PAY ANY MONEY WHATSOEVER if given an I-Bond.  For example, if the Judge sets bond at $10,000 I-Bond, then the accused will be released from jail upon signing a bond slip.  The accused will not need to post any money in order to be released from jail.

2)      D-Bond – A D-Bond means that a person must pay 10% of the bond amount to the Cook County Sheriff to be held by the Cook County Clerk’s Office.  For example, if a person is given a $25,000 D-Bond that person must post $2,500 to be released from the Cook County Jail.  If the accused cannot post that amount of money then he will stay in the custody of the Cook County Jail for the duration of his case.

3)      Cash Bond – A cash bond means that a person must post the same amount of money that the judge ordered.  For example, if the judge sets bond at $10,000 cash then a person must post $10,000 in order to be released from jail.  Cash bonds are rare and are generally issued in high volume narcotic cases or cases of fraud or theft involving large sums of money.

4)      Electronic Monitoring – An electronic monitoring bond can be issued in conjunction with an I-Bond, D-Bond or Cash Bond.  Electronic monitoring means that the accused is going to be placed on an electronic ankle device and be confined to their home for the duration of the case.  In some cases, a person will receive an I-Bond with a condition of the bond be that he be placed on electronic home confinement.  Other times a person may be given a D-Bond with a condition that if the accused is able to post the required amount of money he must be placed on electronic home monitoring.  When a person is given electronic home monitoring he will receive a phone call from the Sheriff of Cook County to place them on the ankle device.  The phone number used will need to be available to the accused the entire time he is placed on electronic monitoring.

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Hire a Chicago Attorney that You Can Trust with Complicated DUI Cases

Hire a Chicago Attorney that You Can Trust with Complicated DUI Cases is available on: Gruszeczki & Smith Law Blog

In Chicago, operating a vehicle with a BAC or blood-alcohol content of .08 or above is already considered a DUI (driving under the influence) case, which can lead to your arrest. Even if the sobriety test result is under .08, you can still be detained as long as the police officer believes that your driving has been impaired due to intoxication. Even if you have been arrested and taken field sobriety tests and/or a breath, blood, or urine test, many defenses to your case may still exist.

Driving Under the Influence Representation

To deal with matters like these, you may need the assistance of a trustworthy Chicago DUI attorney. Make sure you find the right one for your particular situation. You can ask for referrals or use a search engine to find an established law firm or attorney that can help you.

Once you have the name of a Chicago DUI lawyer in mind, set up a consultation. Ask questions that would help you get to know the lawyer and their expertise. Consider the attorney’s background in handling Driving Under the Influence cases, the number of trials conducted, their key concerns about your case, the potential cost of the defense, and if you need to meet with other lawyers.

If you are arrested for Driving under the influence in the City, your license will be suspended and you can also face heavy fines or even jail time. Since these cases are usually complicated (see http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf), you need to ensure that the law firm you’re dealing with is reputable. Consult established law firms such as Gruszeczki & Smith Law, LLP to ensure a smooth, well-crafted legal defense.

G&S DUI Attorneys at Law

33 N Dearborn St #1950,

Chicago, IL 60602

(312) 500-2992

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Things to Consider When Hiring a Criminal Defense Attorney in Chicago

The following post Things to Consider When Hiring a Criminal Defense Attorney in Chicago was originally published on: Gruszeczki & Smith Law, LLP Blog

If you have been arrested or wrongly accused of a crime in Chicago, you need to get a good lawyer who will represent you all the way. Despite winning a criminal cases and getting charges dismissed- there are some situations where a client has legal options after the criminal case.

Sometimes the accused spends a significant time in jail before ultimately being found not guilty. In certain situations, this can lead to civil actions for wrongful arrest, with the potential for compensation.

A trustworthy criminal defense attorney in Chicago will fight for a just verdict. One of the ways they can achieve this is by knowing the client as a person. This factor is important to earn the judge’s sympathy or to create an impact with the jury, especially if the accused chooses to testify in his or her own defense.

If you’ve already been jailed, you’ll need a good Chicago criminal lawyer to get you out fast. This means that they should do everything that they can to make this possible, such as asking the judge to reduce your bail or filing motions in a timely manner. For a situation like this, you may seek assistance from an established law firm such as the Gruszeczki & Smith Law, LLP because you need attorneys who are knowledgeable in handling complicated matters.
The privacy of a client is very important, especially when dealing with family members. Because being accused of a crime is a sensitive subject, your attorney should know if it’s right to talk about the case to a loved one or keep the information private.

Criminal charges are brought against Chicago citizens every day. But, charges are not convictions. Being accused does not mean you are guilty and does not mean you have to go to jail, especially if you are a victim who has been wrongly accused. If you have a dedicated criminal defense lawyer on your side, your case can be handled correctly and they can work on sparing you from an unwarranted jail sentence.

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Put an End to Bad DUI Cases with a Dependable Chicago DUI Attorney

Put an End to Bad DUI Cases with a Dependable Chicago DUI Attorney is courtesy of: https://chicagolandcriminaldefenseattorneys.com/

Even if you’ve been tagged for driving under the influence (DUI) multiple times, you still need representation.
A study by the Alliance Against Intoxicated Motorists found that the Chicago police force nabbed 3,795 DUI suspects last year, compared with the 2011 tally of 3,037. When you’ve been flagged down for DUI but insist you’re still sober after having only one drink, seek counsel from a trusted Chicago DUI attorney such as Michael Gruszeczki or Dustin Smith of Gruszeczki & Smith Law LLP. (more…)

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What is First Offender Probation in Illinois?

The article What is First Offender Probation in Illinois? was first seen on: Gruszeczki & Smith Law, LLP Chicago Criminal Defense Blog

First Offender Probation is a type of probation that may result in the dismissal of the criminal charge if the term of probation is completed satisfactorily.  Once a case has been dismissed upon completion of probation it is possible to expunge the case from a person’s criminal record.  See 720 ILCS 550/10. (more…)

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What is Aggravated Speeding?

The following article What is Aggravated Speeding? was originally published on: Gruszeczki & Smith Law Blog

Aggravated speeding is driving 26 miles per hour or more over the posted speed limit. It is a very serious moving violation. Aggravated Speeding is a misdemeanor offense. Aggravated Speeding can either be a Class A Misdemeanor or a Class B Misdemeanor. See 625 ILCS 5/11-501.

How do I know if my Aggravated Speeding ticket is a Class A or Class B Misdemeanor?

Speeding 26 to 34 miles per hour over the posted speed limit is a Class B Misdemeanor. Speeding 35 miles per hour or more over the posted speed limit is a Class A Misdemeanor. See 625 ILCS 5/11-501.

Can I receive Court supervision for Aggravated Speeding in Illinois?

Pursuant to a recent change in Illinois law which took effect on January 1, 2016, a person is now eligible for Court supervision under certain circumstances. First, that person must never have been convicted of or received Court supervision for aggravated speeding in the past. See 730 ILCS 5/5-6- 1. Second, a person cannot receive court supervision for aggravated speeding in a construction zone, school zone or in an “urban district”.

 What is an urban district for the purposes of Aggravated Speeding in Illinois?

An urban district is defined as the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. See 625 ILCS 5/1-214.

If I am convicted of Aggravated Speeding in Illinois will I lose my driver’s license?

It is possible. A single conviction for Aggravated Speeding in Illinois generally will not result in the loss of your Illinois driving privileges. However, depending on your driving record it could result in the suspension of your driver’s license, points assigned to your driving record and thus, an increase in insurance rates, and it can result in a criminal record for a an Illinois driver.

 Can a misdemeanor Aggravated Speeding charge be reduced?

In some circumstances it may be possible to reduce a misdemeanor charge for Aggravated Speeding to a petty offense for speeding under 625 ILCS 5/11-601. The facts and circumstances of each individual case will dictate whether or not an amendment is possible. If you are faced with charges for Aggravated Speeding in Illinois it is important to hire experienced attorneys to represent you. An experienced and knowledgeable attorney will explore all possible outcomes before advising you to make a decision that will have a profound impact on your future. Call the experienced attorneys at Gruszeczki & Smith Law, LLP for a free consultation.

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