Chicago Criminal Lawyer Blog
Every New Year brings us new laws and new regulations that impact the criminal law and the way we live. On January 1, 2019, several changes to the Illinois gun laws went into effect which make it a little more difficult for people to buy a gun and makes it easier for law enforcement personnel to take guns away from people that may be deemed dangerous. The final change is an attempt to stem the rising tide of mass shootings. The changes to the Illinois gun laws are set forth below.
The first amendment to the Illinois gun laws increases the waiting period for the purchase of a rifle. Prior to January 1, 2019, if you wanted to purchase a rifle, you had to wait 24-hours between the time you purchased the gun and when you could physically possess the rifle. This waiting period of time between the purchase and the actual possession of a gun is called the “cooling-off” period. The idea behind a “cooling-off” period is to give people a period of time to cool down and lower their emotions in the event that they are purchasing a gun because they are angry at someone. An example would be if someone is fired from their job and are upset and decide to buy a gun so they can go back to their place of employment and start shooting. Another example would be if someone is angry at their spouse and is buying a gun in response to their anger. The idea behind the “cooling-off” period Is that the law wants to give the purchaser an opportunity to cool off and lower their emotions so that a shooting does not occur. Under the new amendments, the “cooling-off” period for the purchase of a rifle has been increased from 24-hours to 72-hours. This amendment matches the “cooling-off” period that has always been in place for the purchase of a handgun. The “cooling-off” period for the purchase of a taser or a stun gun has not been changed. The “cooling-off” period for a taser and a stun gun is 24-hours.
The second change to the Illinois gun laws has to do with the way FOID card renewals are processed by the State of Illinois. In Illinois, you cannot own a gun without having been issued a Firearm Owner’s Identification Card (FOID). In order to obtain an FOID card in Illinois, you must fill out an application, pay a small processing fee, and wait until your application is processed. An FOID card is only good for a certain period of time. Once it expires, you must have your FOID card renewed. A major complaint of gun owners in Illinois who have an FOID card is that it can take a very long period of time to have their FOID card renewed. I have had cases involving clients who have been charged with Aggravated Unlawful Use of a Firearm where their FOID card had expired and they were arrested with a firearm while they were waiting to receive their new FOID card in the mail.
In general, there are limits to the amount of time that state prosecutors have to bring criminal charges before they are barred by the Statute of Limitations from filing any criminal charges. If the state files criminal charges beyond the time limit, or the Statute of Limitations, the person charged with the crime can appear in court and get the criminal charges dismissed.
If you are charged with a felony criminal offense in Illinois, you need to know what you are being charged with and what class felony that criminal charge is classified as. Generally, felonies in Illinois are categorized into one of the four classes of felonies in Illinois. Depending on which class your felony is classified as being, the potential penalty will will vary depend on what class felony your crime falls into. Murder is not considered to be part of the four classes of felonies in Illinois. Murder is considered its own special class.
If you are charged with a Misdemeanor crime in Illinois, you need to understand what a Misdemeanor is and what the implications could be for your future. A Felony criminal charge is much more severe than a Misdemeanor criminal charge. But that doesn’t mean that a Misdemeanor is not a big deal. While whether you are charged with a Misdemeanor or a Felony may make all the difference in the world you need to understand what a Misdemeanor is and what you are looking at when you go to Court.
I frequently receive phone calls from clients who are facing their second DUI. Many times, they do not understand how serious their case is and what they are facing. If you have been arrested and are charged with a DUI, and it’s your second DUI, you need to understand how serious this case could be and what the long-term implications to you could be. Not only could it cost you lots of money, but you could be labeled a convicted criminal for the rest of your life, end up in jail, sentenced to Probation, and lose your license for a very long time. Let me explain to you what makes a second DUI so serious.
In recent years, laws regarding the Possession and Use of Marijuana have been changing throughout the country. This is true in the State of Illinois. In 1931, The Illinois Legislature made the recreational use of marijuana illegal. This legislation was part of a national trend which made the use of marijuana illegal nationally. In recent years, a new national trend has swept throughout the country which is having the opposite effect on the use of Marijuana. This trend clearly appears to be more accepting of the medical and recreational use of Marijuana. This national trend has swept into Illinois as well. In 2016, the Illinois Legislature decriminalized the possession of small amounts of Marijuana in Illinois. If you are caught with 10 grams or less of Marijuana, you will no longer be placed under arrest and subject to criminal prosecution and criminal penalties. In 2016 the State of Illinois made the possession of 10 grams or less of Marijuana a Municipal Ordinance Violation which only carries a civil penalty. The City of Chicago decriminalized the possession of small amounts of Marijuana in 2012.
I frequently receive phone calls from clients who have received a speeding ticket for driving at a high rate of speed. While speaking with these clients, it is not uncommon for me to find out that they were driving at such a high rate of speed that I need to explain to them that what they are charged with is not your typical, run-of-the-mill, speeding ticket. I end up having to explain to them that what they are facing is a criminal charge known as Aggravated or Excessive Speeding that carries a possible jail sentence in County Jail. Let me explain how an Aggravated or Excessive Speeding ticket in Illinois can land you in jail and lead to a criminal conviction that will appear on your record in a routine background search.
On Tuesday, Illinois Governor Bruce Rauner, signed into law a measure that drastically expands the Illinois Medical Marijuana Program. The main focus of the expanded Medical Marijuana legislation is to attack the massive opioid epidemic which led to the loss of almost 2,000 lives in Illinois in 2016, and roughly 72,000 people throughout the country.
In response to the dramatic rise in the number of mass shootings around the country, earlier this year the Illinois Legislature began working on legislation aimed at trying to stop mass shootings from happening in Illinois. As a result, on July 16h, 2018, Illinois governor Bruce Rauner signed into law the Firearms Restraining Order Act which allows for petitions to be filed in court to have a no contact order issued against someone deemed to be a threat to themselves or to others. The new law is commonly called the “Red Flag” bill. It would allow family members, police and others to seek an Order Protection in Court to take away the guns from someone found to pose “an immediate and present danger” to themselves or to others.
It’s that time of the year again. The Alliance Against Intoxicated Motorists has released its annual study that keeps track of DUI arrests throughout Illinois. Once again, Rockford and Elgin top the list of towns in Illinois reporting the most DUI arrests in 2017. In 2017, Rockford reported 490 DUI arrests compared to 459 in 2016. The 2017 figures represent a 6.8% increase over the 2016 DUI arrest figures. Elgin came in second with a total of 418 DUI arrests in 2017. Elgin had 365 DUI arrest in 2016, a 14.5% increase over 2017.