An arrest for driving under the influence is typically a misdemeanor. However, there are some circumstances under which even a first offense can be a felony. For review, a misdemeanor is different from a felony in that the maximum sentence for a misdemeanor is less than one year in jail. A felony charge, however, has [...] [read post]
For years, DUI offenders have had to worry about their driver’s licenses and the possibility of incarceration. But recently, prosecutors have given defendants another cause for concern. The government can seize a DUI offender’s vehicle, and after a process called civil forfeiture, sell the vehicle at auction and keep the proceeds. The process takes place […] [read post]
Illinois law provides that any person who is found guilty of a sex offense must register as a sex offender pursuant to the Sex Offender Registration Act. See 730 ILCS 150/1.
A person who is required to register will have his identity made part of the public registry managed by the Illinois State Police. The registry allows users to search for specific individuals as well as search for sex offenders nearby their location on a map.
Sex offender registration in Illinois lasts for a minimum period of… [read post]
Drive a vehicle illegally on Illinois roads, and you might not take the vehicle home with you. An obscure law in this state allows the police to seize the vehicle and sell it.
And in situations where someone other than the owner was driving, those vehicles can be seized and sold over the owner’s objection.
The process is called an Article 36 seizure. Most vehicle owners become aware of it when they attempt to pay an administrative towing fee at the police station and are told that the vehicle… [read post]
Defendants in felony cases are subject to special rules in sentencing. Compared to misdemeanor sentencing, felonies are complicated. The court is governed by obscure rules that can sometimes produce unexpected results. And the last thing a defense attorney wants in court is to advise a client on a sentence and have something unexpected come up.
When the judge determines that a penitentiary sentence is appropriate, the most important issue is whether the state’s Truth-in-Sentencing law… [read post]
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. [...] [read post]
There are very strict rules under Illinois law governing a commercial driver’s license. If you have a commercial driver’s license (CDL), you have to be careful. There are certain offenses that will cause the Secretary of State to disqualify you. These charges may look like any other traffic ticket. You may have a traffic court date like you would on any other offense. However, the consequences are far more serious than an ordinary moving violation.
The following offenses will result in an… [read post]
A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged.
A conviction, however, cannot be expunged. It can only be sealed. Misdemeanor convictions can be sealed, but not felonies.
But there are misdemeanor convictions that the legislature in Springfield has excluded from sealing all together. Our… [read post]
Any person who operates a commercial motor vehicle on Illinois roadways without the required license commits a crime. By statute, it is a Class A misdemeanor offense to drive a CMV without a CDL.
The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The statute says that no person shall drive a commercial motor vehicle on the highways without a CDL in the driver’s possession, or having obtained a CDL, or the proper class of… [read post]
Lawmakers in the House of Representatives will vote soon on a bill that allows police officers to tow and impound vehicles for driving without proof of insurance.
Proposed by Representative Joe Sosnowski, R-Rockford, the bill would amend 625 ILCS 5/4-203. This is the statute that authorizes law enforcement to tow and impound vehicles abandoned on highways.
Through this statute and other provisions of the vehicle code, police officers are authorized to tow and impound vehicles that are used in the… [read post]
Securities Lawyer 101 Blog The EB-5 investor visa program is becoming more popular since Rule 506 (c) became law allowing issuers to advertise their offerings to foreign investors seeking U.S. residency. As with any investment proper due diligence is crucial. … Continue reading → [read post]
The Illinois Secretary of State recently published its annual DUI Fact Book. The DUI Fact Book for 2012 is available for download here. Most of the information provided by the Secretary of State remains unchanged. The reason is rather few laws were passed during the last legislative session that will go into effect in the [...] [read post]
The courts treat most accidents as a matter of negligence. The person who is responsible for the accident is considered at fault, or liable. Anyone who is injured or killed by the person at fault can recover damages in a civil action for personal injury or wrongful death. Since the person responsible did not intend the outcome, he isn’t charged with a crime.
But in some instances, even though the person responsible for the accident didn’t intend the outcome, he is prosecuted. A person… [read post]
Securities Lawyer 101 Blog Like many other countries, the United States offers potential immigrants preferential treatment—in the form of conditional visas and eventual green cards—if they’re willing to invest in economic development projects that will preserve or create jobs in … Continue reading → [read post]
Illinois law on driving under the influence changed significantly in 2008. In that year, the legislature added additional penalties for the offense of DUI. For example, an arrest for DUI where the driver does not have a valid license turned into a felony offense.
For years defendants who were arrested for DUI without a valid license were prosecuted for misdemeanors. Instances of defendants getting stopped for DUI without a valid license were widespread.
The Illinois DUI statute provides that the… [read post]
Under Illinois law, a criminal offense is generally classified as either a felony or a misdemeanor. The difference between felony and misdemeanor is that a felony has a penalty of one year or more imprisonment, whereas a misdemeanor is a penalty of less than one year.
There are three types of misdemeanors: Class A, Class B, and Class C misdemeanor offenses.
The maximum penalty for a Class A misdemeanor is up to one year incarceration as well as a fine of $2500.
A Class B misdemeanor by comparison,… [read post]
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence.
The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. Under 720 ILCS 5/36-1, police officers can seize a person’s vehicle and commence a forfeiture proceeding. If the State prevails, the vehicle will be forfeited to the… [read post]
Ronald L. Fieldstone
On November 19, Miami Partner Ronald Fieldstone will be traveling to St. Louis to serve as an EB-5 expert panelist at the Global Capital for Regional Growth conference sponsored by Gateway EB5 Investment Center, Inc. Mr. Fieldstone will speak on how the EB-5 program works and also on securities compliance and due diligence.
The Illinois State Police and north suburban police departments are teaming up this summer in a traffic enforcement initiative called “Operation Rogue Rider.” The effort will target motorcyclists who are speeding or riding recklessly on the Edens Expressway (I-94) in Skokie and Lincolnwood.
I-94 in that area is narrow, with only four lanes traveling in each direction.
While interstate highways are typically the domain of troopers, Skokie and Lincolnwood police officers will be on hand to assist… [read post]