Chicago Criminal Lawyer Blog
The internet has made it easy for people to sell items online to make some extra money. Popular websites, such as eBay and Craigslist, have made it easy for almost anyone to instantly go into business by simply using a computer or a cell phone to get into the retail business. However, you should be aware of the potential pitfalls of doing business like this. Recently, I was hired to represent a client charged with violating the Illinois Counterfeit Trademark Act. The Counterfeit Trademark Act (765 ILCS 1040/) makes it a crime to sell look alike goods or services bearing a fake trademark or logo. The client that I was hired to represent was selling knockoff high-end watches on Craigslist that he had purchased legally from China. The client was buying the watches for about $50 and selling them online for between $200 and $250. This was not the clients main source of income, but it made him enough money to comfortably pay his bills and provide for his family. That’s until the client was arrested charged with violating the Counterfeit Trademark Act. It was not until the client came to my office bad he found out that what he was doing was against the law and that it carried some pretty serious criminal and monetary penalties.
I want to discuss this crime and lay out the penalties and consequences of being charged with violating the Illinois Counterfeit Trademark Act.
The idea behind making it illegal to sell counterfeit goods is to avoid confusing and duping consumers. You can be guilty of violating the Counterfeit Trademark Act even if the buyer and seller are aware that the item is a knockoff. Not all knockoff items are considered to be counterfeit. For instance, gym shoes that look like the real Nike gym shoes are not automatically considered to be counterfeit just because they look like the real Nike gym shoes. What could make them illegal is if they have a Nike logo on them that looks like the real Nike logo. The fake Nike logo is what could fool a consumer into believing that its the real thing. Think of counterfeit goods as infringing on the Trademark of a brand and making money trying to do that.
Children are not considered adults until they reach 18 years of age. But what happens if a child, under the age of 18, commits a crime? Can they be charged and prosecuted as if they were an adult, or will the criminal justice system treat them as a juvenile who will be prosecuted in Juvenile Court?
The consequences and fallout from being arrested and facing criminal charges can last long after your case is finished. If you are found guilty, the case can follow you around for the rest of your life. If you win your case, and are found not guilty, or if the charges are dismissed, a routine background search may reveal the criminal charges. Even though the case was dismissed, or you want, a prospective employer will see that you were accused of a crime and may hold that against you in deciding whether to hire you.
DuPage County government officials have announced that DuPage County will be closing down the Downers Grove Field Court and moving all of the cases at that Branch Court to the DuPage County Courthouse in Wheaton. The change is expected to take place by the end of the year. The Downers Grove Field Court is located at 4000 Saratoga Avenue in Downers Grove. It is located inside American Legion Post 80. The Downers Grove Field hears Traffic Cases, Municipal Ordinance Violations, and minor Misdemeanor violations from The following municipalities in DuPage County: Bolingbrook, Burr Ridge, Clarendon Hills, Darien, Downers Grove, Hinsdale, Lemont, Lisle, Oakbrook Terrace, Westmont, Willowbrook, Woodridge, and the Illinois State Police.
As the Coronavirus spreads and the resulting crisis deepens, the impact to our Courts and criminal justice system are deepening. The Covid-19 virus has lead to the unprecedented closure of Courts throughout the State of Illinois. Every County Court system, as well as the Federal Courts, have been substantially impacted by this growing National crisis.
The Coronavirus outbreak has had a major impact on our daily lives. The pandemic has had a substantial impact on our Court system and on the multitude of criminal cases that are pending in the area-Courthouses. Each County has taken substantial steps to stem the outbreak of this pandemic by limiting Court operations and taking affirmative steps to limit human contact in the Courthouses in the hopes of slowing down the progression of the virus which is at the heart of this problem. While most of the steps taken by all the Courts are similar, there are minor differences between the various counties in the area. I want to take this opportunity to point out what is happening from County to County, and how this may impact you, and your criminal case.
As one of the busiest and most experienced DUI attorney in Illinois, this may be one of the most common question I get whenever I speak to a client about their DUI case. The short answer to this question is no. But you should understand the consequences of refusing to submit to a breathalyzer, or chemical test, when you are placed under arrest for a DUI. Illinois is an implied consent state. This means that you give consent to a chemical test to determine the blood alcohol contact in your blood by merely driving a motor vehicle on a public highway or roadway in Illinois. So let’s discuss what happens if you are pulled over by a police officer and the police officer asks you to take a breathalyzer test, or provide a blood sample, to determine what the blood alcohol content (BAC) of your blood is and you refuse the request.
The other day I received a phone call from a client who is living in New York. The client told me that about 8 years ago, while they were living in Illinois, they were arrested for a felony drug case. They appeared in Court and eventually plead guilty and received probation. While the client was on probation, they moved to New York and never checked in with probation after leaving Illinois. They were just denied a job when a background search revealed an outstanding warrant for a Probation Violation out of Illinois. The client wanted to know what they could do to clear up the warrant and if they could hire me to take care of the warrant without the client having to come back to Illinois. I frequently receive phone calls from people who have outstanding warrants. As a matter of fact, while I was writing this article, I received a call from a client who found out that an arrest warrant was issued against him last night for a Domestic Battery. The client wanted to know if there was any way that I could make a call or do something to avoid him having to turn himself in and appear in Court. Unfortunately, there’s no easy way to take care of an outstanding arrest warrant. Let me explain.
Lately, many of the phone calls I receive start off with clients telling me that they received a “speeding ticket” and asking whether they can really go to jail for their “speeding ticket.” I ask them how fast they were going, and if they were going 26 miles per hour, or more, over the posted speed limit, I have to explain what they are facing. I start off by explaining that what they received is not a speeding ticket. At least it’s not what most people commonly considered to be a speeding ticket. It’s called Aggravated Speeding in llinois. Speeding 26-miles per hour over the posted speed limit is a crime in Illinois. It’s called Aggravated Speeding and can be found at If you did not know this, don’t feel bad. Most people do not realize that speeding 26-miles per hour over the posted speed limit is a crime in Illinois until it happens to them. Sometimes, lawyers don’t even know that driving 26-miles per hour over the posted speed limit is a crime in Illinois (more on that later.) Illinois has made speeding 26-miles per hour over the posted speed limit a crime that carries potential serious consequences. Just like any other crime in Illinois, driving 26-miles per hour over the posted speed limit carries a potential jail sentence that all Illinois driver’s should be aware of. Let me explain.