Articles Posted in Criminal Cases

Speeding-Ticket-Lawyer-300x200Recently, I have represented clients who received speeding tickets. In the course of representing these clients, I have come to realize that people do not really understand the Illinois Speeding Laws. In the last few years, the Illinois speeding laws have been changed. The changes have drastically increased the penalties for excessive speeding on Illinois roadways. Drivers are not adequately informed of what the potential consequences can be for a speeding ticket.

As someone who has received speeding tickets in the past, I remember when the biggest inconvenience associated with receiving a speeding ticket was having to take time off of work or school to go to Traffic Court at 321 North LaSalle, pay to park my car downtown, and wait for my case to be called and be dismissed because the police officer did not appear. Hundreds of thousands of Chicagoans used to visit that building every year.  Those days have changed. What used to be a major inconvenience can now lead to a potential jail sentence and a suspension of your driver’s license. Let me explain how the Illinois Legislature has made speeding a potential crime and not just a mere inconvenience.

There have been some positive changes for Chicago residents.  For one thing, Traffic Court has now been moved into the lower levels of the Daley Center.  This makes it easier to get to traffic court.  The CTA train stops at the Daley Center so you don’t have to drive to Traffic Court and navigate your way through the heavy Loop traffic only to pay the high fees to park your car at a parking lot in the loop.  Traffic tickets are still being dismissed when police officers do not appear in Traffic Court but police officers are appearing in Traffic Court more often because Police Department policies have changed to require that police officers appear in Court.

Felony ConvictionThis is a question that I am asked frequently around election time.  Most people do not understand what the rules are when it comes to whether you are allowed to vote if you have a felony conviction.  Rules vary from state to state and this has created confusion.  People don’t understand that each state has it’s own rules which requires that people with felony convictions inform themselves of what the rules are in their state. My experience with this issue is that most people are not informed as to what the law is in Illinois when it comes to felony convictions and voting rights in Illinois. Illinois has passed a specific law which spells out what effect a felony conviction can have on your right to vote in Illinois.  The law is set out in 10 ILCS 5/3-5.  In Illinois, a convicted felon has just as much of a right to vote as any other citizen in the state.  As long as you are not incarcerated, meaning serving a prison sentence, you can register and cast a vote in Illinois.  If you are in court and fighting your case, you can vote in Illinois.  Even if you are in jail fighting your case. If you are on probation, you can vote in Illinois.  If you are on parole, you can vote in Illinois.  As long as you have not been convicted and are in prison, you can vote.  However, if instead of being in prison, you are allowed to serve your sentence outside of prison, such as prison furlough or work release, you will not be allowed to vote until you finish your sentence.  If you went to prison and lost the right to vote you should re-register once you are released from prison so that you can go to the polls and cast your vote.

When someone is not allowed under the law to vote, they are called “disenfranchised” voters.  In 2010, roughly 2.5% of the nation’s voting age population could not vote because of a felony conviction.  In Illinois, that comes out to about 800,000 people who have been convicted of a felony.  If 800,000 people do not realize that they have not been stripped of their right to vote, and sit out an election because of their mistaken belief, this could make a big difference in a close election.  In my opinion, which is based on the questions that I get from criminal clients, as well as members of the public, not enough is being done to educate the public about this issue.

In seven states, people convicted of a felony are barred forever from ever voting.  Florida has the largest number of disenfranchised voters with roughly 10.42% of all voters.  In two states, Maine and Vermont, even prison inmates are allowed to vote.  In other states, convicted felons are required to petition the Governor to have their right to vote reinstated, or restored, once their sentence is completed.

Municipal-Ordinance-Violation-300x199The Public Safety Committee for the Village of Schaumburg has recommended that the Village of Schaumburg allow police officers to write local Municipal Violation tickets for first-time negligent driving offences. The measure is intended to go after drivers who are using hand-held cellphones while they are driving instead of hands-free devices. Village officials claim that the judges at the Rolling Meadows Courthouse are taking these tickets too lightly and not punishing offenders enough.

If this measure is adopted by the Schaumburg Village Board, police officers will have the option of writing a local Municipal Ordinance Violation ticket, issue written warnings, or issue a State Citation for a ticket violation which allow offenders an opportunity to go to Court and contest the ticket in Court, in front of an actual Judge. The fine for the Schaumburg Municipal Violation will be $75.

What’s a little troubling about this proposal is that the Public Safety Committee is proposing that the definition of negligent driving be defined more broadly than what current state law defines as negligent driving. According to one of the trustees of the Schaumburg Village Board, “the definition of negligent driving can be relevant even when an officer can’t prove a handheld cell phone was the cause.” In other words, if the police officer had a hunch, or was guessing, based on his experience, that a handheld device was being used, that would be enough to allow them to issue a ticket. I would like to see what the final ordinance says, but it seems to me as if officers will be allowed to issue these tickets based on a mere hunch without any proof. That does not seem very fair to me and could be open to a legal challenge which could cause Schaumburg’s taxpayers to pay the legal bills for a court fight.

Illinois-Felony-MisdemeanorWhat determines how serious a particular criminal charge in Illinois is depends on the potential criminal penalty that the crime carries. The lowest classification of crimes in Illinois is called a Misdemeanor. The highest classification of crimes in Illinois is called a Felony. Generally, any jail sentence for a Misdemeanor must be served in County Jail. Any jail sentence for a Felony must be served in State Prison. Any potential jail sentence for a Misdemeanor is under one year while any potential jail sentence for a Felony is one year or more. The range of penalties for Misdemeanors and Felonies in Illinois depend on what Class the crime you are charged with falls in. Every criminal offense is classified as a Felony or a Misdemeanor and assigned a specific Class. An experienced and knowledgeable criminal defense lawyer will know whether you are being charged with a Felony or a Misdemeanor and what class your criminal charge falls in.

Most Misdemeanor cases in Illinois are Class A Misdemeanors. A Class A Misdemeanor is punishable by a maximum of one year in county jail and a maximum fine of up to $2,500. An example of a Class A Misdemeanor is a Retail Theft or a simple Battery. But not all Class A Misdemeanors are treated equally. Domestic Battery is a class A Misdemeanor. However, if you are found guilty of a Domestic Battery, it can never be removed from your record while a Retail Theft can be. In addition, you can receive Court Supervision for a Retail Theft but you cannot receive Court Supervision for a Domestic Battery.

A Class A Misdemeanor that I am seeing more and more in court is Aggravated Speeding. You can be charged with a Class A Aggravated Speeding offense if you are speeding 35 miles or more over the posted speed limit. This crime used to be a simple speeding ticket. That is no longer the case in Illinois. So, if you are speeding 35 miles an hour over the speed limit, then you can be charged with a Class A Misdemeanor which carries a potential jail sentence of up to 364 days in County Jail and a fine up to $2,500.

Municipal-ViolationJust like State laws create State crimes, and Federal laws create Federal crimes, individual towns, cities and villages also create laws, called Municipal Ordinances, which can give rise to charges alleging a violation of a Municipal Ordinance.  I’ve been handling criminal cases for the past 25 years throughout Cook County, DuPage County, Kane County, and Lake County.  I’ve noticed a dramatic rise in the number of Municipal Ordinance Violation cases throughout all of these counties. Many cities, towns and villages have established their own Municipal Violation Ordinance courts which mainly impose monetary civil penalties upon violators that have become big sources of revenue for these municipalities.  I’m seeing more and more cases being charged as Municipal Ordinance Violations rather than criminal cases in Circuit Court. This is especially true in Chicago, DuPage County, Kane County, and Lake County.

The rise in the number of Municipal Ordinance Violation cases has led to more and more clients calling me and asking me to explain what a Municipal Ordinance Violation is and what will happen when they appear in Court. Perhaps the most common question I get from clients is whether they need to hire a lawyer to handle their Municipal Violation Case.  My advice is that you should have a lawyer representing you for a Municipal Violation Case.  There’s several reasons for that so let me explain to you why you should have a lawyer with you for your Municipal Ordinance Violation case.

The consequences of being found guilty, or liable, for a Municipal Ordinance Violation are much less severe than the criminal penalties for a misdemeanor or a felony under state law.  Typically, the consequences for a Municipal Violation involve paying a civil penalty, or a fine.  A Municipal Ordinance Violation is generally not considered a criminal case.  However, some of the conduct that could give rise to a Municipal Ordinance Violation charge can also be enough to charge you with a misdemeanor.  For instance, if you shoplift from a store, the police can charge you with a Retail Theft misdemeanor.  The police can also charge you with a Retail Theft under the Municipal Ordinance of the town in which the shoplifting occurred.  This is a choice that’s made by the police officer.  So, if you try to shoplift and you receive a Municipal Ordinance violation ticket, instead of going to the Circuit Court for your case, you will have to go to the Village City Hall for a hearing before a Hearing Officer.