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.
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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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