Chicago Criminal Lawyer Blog
Recently, 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.
This 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.
What 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.
Just 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 27 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. I see the number of Municipal Ordinanve Violation cases increasing in the future