Chicago criminal lawyer Fred Mark Dry explains the differences and possible punishments of criminal sexual abuse and assault versus aggravated sexual abuse and assault in Illinois. For more information or to discuss Illinois sex crimes and charges, speak with a competent Chicago criminal law attorney.

Sex between two consenting persons who are under 17 years of age is a very serious criminal offense under Illinois law. Sex between two minors is criminal sexual abuse, it does not matter if the persons involved are in a relationship together or if they have willingly engaged in sexual intercourse.

Criminal Sexual Abuse and Assault

Sexual assault and sexual abuse are unwanted physical contact of a sexual nature. According to the Illinois Criminal Sexual Assault Act, criminal sexual assault is defined as an act of sexual penetration with the use or threat of force or an act of sexual penetration when the accused knew that the victim was “unable to understand the nature of the act or was unable to give knowing consent.”

The two primary ways for a person to get charged with criminal sexual abuse are:

1. Consensual sex between two persons who are both under 17 years old, but at least 9 years old.
2. Consensual sex between two persons where the victim was at least 13 but less than 17 years old, and the accused was younger than 21 years of age.

Aggravated Criminal Sexual Abuse and Assault

If sex between the minors was nonconsensual, as in the victim did not voluntarily have sex, the offense is aggravated criminal sexual assault. Aggravated sexual assault is an act of sexual assault that maims, wounds, or disfigures the victim, or involves a victim who is physically or mentally incapacitated. It may also include a sexual assault that is aided or abetted by another person, occurs during commission of another crime, or involves use of a deadly weapon.

Differences Between Criminal And Aggravated Sexual Abuse And Assault

Illinois criminal sexual abuse is a Class A misdemeanor offense for which the sentence can be up to one year in jail and a fine of $2,500. The judge can allow the defendant to serve two years of probation involving counseling, community service, and other conditions, as opposed to jail. It becomes a felony if force is used or the victim is unable to give consent or understand the nature of the act or was unable to give knowing consent.

Being found guilty of criminal sexual abuse will require the defendant to register as a sex offender. The law in Illinois for sex offenders requires them to register for a minimum period of 10 years. During this time, they have to check in with the local police department wherever they reside, and live in a place that is approved by the police, at least 1,000 feet away from any school or daycare. Speak with a skilled Chicago criminal law attorney if you’ve been charged with criminal sexual abuse in Illinois.

Aggravated criminal sexual assault is a Class X felony offense. The defendant would be sentenced to 6-30 years in prison if found guilty. The court cannot sentence the defendant to probation.

Criminal Sexual Abuse becomes Aggravated Criminal Sexual Abuse if:

1. Weapon is used;
2. Bodily harm occurs;
3. Victim is over 60 years of age;
4. Life of victim or other is in danger;
5. Occurs during the course of another crime;
6. Offender provides a controlled substance to the victim.

Under another section, if the accused was 5 years older than the victim, then the offense is aggravated criminal sexual abuse. Under that section, the distinction between the misdemeanor charge and felony is 5 years difference in age. If the victim is 16 and the accused is 20 years old, it is a misdemeanor. If the victim is 16 and the accused is 21, it is aggravated criminal sexual abuse, a Class 2 felony offense.

Aggravated criminal sexual abuse is a Class 2 felony offense. The sentence for aggravated criminal sexual abuse is 3-7 years in the Illinois Department of Corrections and a possible $25,000 fine. Probation is a possibility, but it depends on the case.

Criminal and aggravated sexual abuse and assault are serious crimes and greatly impact your life and future. Talk to an experienced Chicago criminal lawyer immediately!

Chicago criminal defense attorney Fred Mark Dry explains that all forms of illegal sexual activity are considered sex offenses. These offenses range from rape, defined as sexual penetration without consent, to prostitution, defined as sex for hire. The most serious Illinois sex crimes involve the sexual assault of children or include physical injury. Other sex offenses include public indecency, voyeurism, prostitution, solicitation, pornography, date rape, lewd acts, pandering, pimping, statutory rape and unlawful sodomy. A sex offense conviction may result in incarceration, fines, loss of job or family and registration requirements; so it’s imperative you call a competent Chicago criminal defense lawyer if you’re facing charges.

Most sexual-abuse and sexual-assault crimes are felonies. Lesser offenses such as public indecency are often misdemeanors. The prosecutor will decide whether a felony or misdemeanor charge is more appropriate under the particular circumstances. You Chicago criminal defense attorney will establish an appropriate defense. The following is a review of basic Illinois sex crimes:

Rape

Unwanted sex acts are generally regarded as rape. These criminal offenses are also referred to as sexual abuse or sexual assault. Statutory rape is sexual activity with a person under the legal age of consent. Date rape is a nonlegal term for forcible sexual activity between people who know one another during a social engagement.

Sexual Assault

Sexual assault is often considered forcible rape, but also includes any type of unwanted physical contact with a sexual organ and may include aggressive, sexually suggestive statements. Sexual assault may also occur between persons of the same gender. The force used and the harm suffered may determine what crime is charged, as well as the penalties upon conviction.

The penalties for sexual assault are severe and may include incarceration, significant fines, psychiatric treatment and paying restitution to the victim. In addition, a person convicted of sexual assault may be required to register as a sex offender, possibly for the rest of his or her life. Call a Chicago criminal defense lawyer without delay!

Prostitution and Solicitation

Prostitution, solicitation, pandering and pimping can be either felonies or misdemeanors. Prostitution is defined as a person receiving payment for sexual intercourse or other sexual acts. Pimping is defined as soliciting acts of prostitution or pandering on behalf of another. Although often a misdemeanor, it is a crime to hire a prostitute to perform sexual acts for payment.

Sex Offender Registry

A person who has been convicted of a certain sex offense, or is on active supervision for a sex offense or who has been committed as a sexually violent predator must register with the state law enforcement agency as a sex offender. The duration of the offender’s duty to register varies, based on the original offense and the risk of re-offense. In some circumstances, sexual predators or sexually violent offenders must register for life. Speak with a skilled Chicago criminal defense attorney for more information.

Sex offender registries and notification are important for community protection from violent predators. Lesser offenses may be included and this can be detrimental to a sex offender.

Punishment

Punishment for a sex offense can vary dramatically depending on the category of crime. A misdemeanor sex crime conviction, such as indecent exposure, may receive less than a year of jail time, a fine, community service, counseling or probation. A felony may be punished by a lengthy prison term, up to a life sentence. Released sex felons must register as sex offenders and multiple convictions often lead to greater punishments. Illinois sex crimes can dramatically impact your life and your family. Speak with a Chicago criminal defense lawyer if you’re facing charges or have been charged.

An attorney at law is a practitioner in a court of law who is legally qualified to prosecute and defend actions in such court on the retainer of clients. A Chicago lawyer or Chicago attorney may practice within different areas of law for different types of legal cases. When looking for a Chicago attorney or Chicago lawyer, find one that is experienced in the type of legal matters you need help with — drunk driving, criminal law, white collar crimes, sex crimes, etc.

Call When Charged With A Crime

Being charged with a crime, whether the crime is considered major or minor, is a serious matter that requires your immediate attention. If you’ve been arrested or charged with a crime or your actions are under review by law enforcement, you need the immediate assistance of a Chicago criminal defense attorney. A Chicago criminal defense attorney will explain your rights in all stages of the criminal process and help make the difference between dismissal, a plea bargain to a reduced charge or a lighter jail sentence.

If you’re facing criminal prosecution, a Chicago criminal defense attorney can help you understand the nature of the charges filed, available defense options, plea bargains that are likely to be offered, and what to expect at the trial or possible consequences of conviction.

Call When Pulled Over for Illinois DUI/DWI

If you are accused of committing a crime or charged with driving under the influence (DUI) in Illinois, it is essential that you hire a skilled Chicago drunk driving attorney. Contact an attorney right away, especially if there are witnesses to interview and evidence to preserve and gather. A client-centric attorney often will provide you with a 24-hour contact number.

Representation by a skilled, experienced and aggressive criminal lawyer is the most useful step you can take when you’ve been charged with a crime, especially one that involves Illinois DUI/DWI.

Call As Soon As Possible

People that have recently been arrested should speak with a Chicago lawyer as soon as possible. In many situations, time is a critical component of structuring a solid defense. Your lawyer may need to independently gather evidence, experts, and witness testimonials. Police departments routinely destroy recorded radio communications and 911 calls. These can be preserved by proper action by your attorney and used to cross-examine prosecution witnesses.

A criminal arrest of any nature warrants the legal advice of a qualified Chicago criminal defense attorney who can protect your rights and secure the best possible outcome for your case. The urgent priority is getting released from custody and finding skilled and aggressive counsel to provide information about what the legal process will look like as your case proceeds.

A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things.

Choosing A Chicago Lawyer

If you have been represented by a Chicago criminal defense lawyer in the past and were satisfied with their services, consider contacting that lawyer. Even if your previous Chicago attorney is not a perfect match for your current case, they will be able to provide you with contacts for other reputable attorneys to discuss your current legal situation. If you have no previous experience with criminal defense lawyers, ask for referrals from family members or friends. If you know attorneys that you trust, ask them to recommend a criminal defense lawyer.

It is the constitutional right of every accused person to be offered legal defense even if they can not afford it. If you can not afford a lawyer, a public defender, who is a court appointed legal representative, will be assigned as your lawyer.

Until recently, many towns and municipalities in Illinois had a ban on handguns. In July 2010, a new Chicago city ordinance took effect that allows limited handgun possession after obtaining a permit from the police and passing a firearms training course and requiring handgun registration. Neighboring communities soon followed and there are no remaining towns in Illinois that ban handguns. The following is a review of basic Illinois gun laws from Chicago criminal lawyer and Chicago attorney, Fred Mark Dry.

Who Can Own a Gun In Illinois?

According to Chicago criminal law attorney Fred Dry, it is unlawful to possess any firearm or ammunition without a valid Firearm Owner Identification Card (FOID), issued through the Illinois State Police. You can not own a gun and quality for a FOID if you:

• Are under the age of 21. Age 18-21 requires consent of qualified parent or guardian.
• Have any felony convictions.
• Have any drug addictions.
• Have been a patient in a mental hospital within the past five years.
• Have a mental illness.
• Are not a legal resident of the United States.

Illinois Firearm Owner’s Identification Card (FOID)

FOID requirements involve a criminal background check. Individuals with prohibiting factors are disallowed from obtaining a FOID card. To determine all prohibiting factors and to discuss legal issues regarding your FOID card, speak with a competent Chicago criminal lawyer.

To obtain a FOID, you must meet the requirements and will need to provide your Illinois Identification Card number or Illinois driver’s license number on the application. The FOID card allows you to posses, not carry, firearms.

The application will be processed within 30 days and if you are approved, you will be mailed a FOID card. After receiving it, you must sign the card.

FOID cards must be renewed every five years. New Illinois state law, as of January 2011, requires mandatory prison terms of one to three years for adults who do not have a valid FOID card and possess an uncased firearm with ammunition either loaded in the gun or nearby. This means if you are arrested because of an expired FOID card, you will be serving a mandatory prison term.

Illinois Concealed Carry Weapons Permit

Concealed carry, or Carrying a Concealed Weapon (CCW), refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one’s person or in proximity.

In Illinois, it is unlawful to carry or possess any firearm that is concealed in a vehicle or on a person. Exceptions are people who use their firearms on established target ranges. Licensed hunters and trappers may also carry while engaged in their licensed activity, but they must transport their firearms in a non-functioning state — that is broken down, unloaded, in a case, not immediately accessible.

Illinois has the greatest restrictions on firearms of any state. There are no provisions for the open or concealed carry of firearms by residents of the state. Speak with a Chicago attorney or Chicago criminal lawyer if you are being charged with a weapons violation.

In order to carry a concealed firearm in Illinois you must meet the following criteria:

• Over the age of 21.
• Have a valid (signed and not expired) FOID card.
• Become a mayor, alderman, president, trustee, marshal, deputy marshal or policeman and pass a training course given by the Illinois Law Enforcement Training Standards Board, making you a “conservator of the peace.”
• Comply with the laws regarding firearms: The Firearm Owners Identification Card Act, the Unlawful Use of Weapons Law and the Wildlife Code.

Until recently, Illinois was unique among states because of the number of communities with handgun bans. Until June 2010, Chicago did not allow the registration of handguns, which had the effect of outlawing their possession, unless they were grandfathered in by being registered before April 16, 1982.

Chicago Criminal Defense Attorney Reviews: Chicago Handgun Ban Law

The original Chicago Handgun Ban Law banned the possession, retail sales, and private sales and/or transfers of handguns and also banned the sale and/or transfer of certain types of handgun ammunition. It also required that all other guns legally possessed be registered.

Outlying areas, Morton Grove, Evanston, Wilmette, and Oak Park also had banned handgun possession, while Deerfield, Elk Grove Village, Evanston, Forest Park, Highland Park, Morton Grove, Niles, Northbrook, Oak Park, River Grove, Westmont and Wilmette banned the sale or transfer of handguns.

Chicago Criminal Defense Attorney Reviews: U.S. Supreme Court Ruling

The status of those communities’ various handgun ordinances had been uncertain since June 2008, when the U.S. Supreme Court struck down Washington, D.C.’s handgun ban in the case of District of Columbia v. Heller.

In the months following the Heller decision, handgun bans were repealed in the suburbs of Wilmette, Morton Grove, Evanston, and Winnetka, but Chicago and Oak Park had fought in court to keep their current laws.

After reviewing Chicago’s handgun ban in the case of McDonald v. Chicago, in June 2010, the Supreme Court deemed that both the handgun bans of Chicago and Oak Park to be unconstitutional. The Supreme Court ruled that Americans have the right to have handguns for self-defense. The ruling made the city’s 28-year-old gun ban unenforceable.

Chicago Lawyer Reviews: Results of Supreme Court Ruling

In July 2010 a new Chicago city ordinance took effect that allows limited handgun possession after obtaining a permit from the police and passing a firearms training course and requiring handgun registration.

In July 2010 Oak Park amended its town ordinance to allow handgun possession in one’s home and business therefore leaving no remaining town in Illinois to completely ban handguns.

The new ordinance allows handgun ownership in Chicago but establishes strict guidelines about who can apply for a permit. It prohibits gun shops within city limits and requires potential handgun owners to register their guns with the Chicago Police Department. In addition, it requires handgun owners to have both a city permit and a state firearms identification card. Chicago officials have said this is the strictest handgun regulation in the country.

The new ordinance also addresses where handguns can be stored, saying that home storage does not include a garage, front porch, or yard. Other excluded sites for storage are hotels, dorms, and group living facilities. For transport outside the home, guns would need to be broken down and not trigger ready.

Chicago Lawyer Reviews: Additional Firearms Bans

Cook County has banned assault weapons and magazines that can hold more than ten rounds of ammunition. Other municipalities have also enacted various firearm restrictions. The lack of preemption makes it difficult to travel throughout Illinois with a firearm while being sure that no laws are being broken.

According to Chicago lawyer Fred Mark Dry, Illinois crimes are broken down into two major groups – felonies and misdemeanors. A crime punishable with incarceration for less than one year is a misdemeanor while all other crimes are considered felonies.

Chicago Criminal Lawyer Explains: Misdemeanor Crime

Misdemeanors are criminal offenses that are more serious than petty offenses but less serious than a felony. Misdemeanors are punishable by a fine or incarceration in a local jail, or both.

Examples of misdemeanors may include petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, vandalism, cannabis (marijuana) possession, reckless driving, and other similar crimes.

The extent in which the offense is carried out will affect its classification. For example, if you were to steal an item costing less than a certain dollar amount, you would be committing petty larceny, which is a misdemeanor. However, if the item were to cost more than the said amount, you would be committing grand theft, which is a felony. Speak with a Chicago lawyer or Chicago attorney if you’ve been arrested.

If a misdemeanor jail sentence is to be served, it would be served for not more than a year, usually at a local, city or county jail. Misdemeanor offenses are usually dealt with in misdemeanor courts with procedures that resolve cases faster than felonies.

Misdemeanors are usually carried out by written complaint or information. Generally, a grand jury is not required to investigate and charge misdemeanors. If a defendant does desire a jury trial, they will have to make a request and pay a fee or fine, if convicted. A misdemeanor charge may be considered by a grand jury, if it is accompanied by one or more felonies.

Chicago Criminal Lawyer Explains: Felony Crime

Felonies are deemed the most serious class of criminal offense. Depending on the circumstances surrounding the crime, felonies are generally punishable by imprisonment for more than a year at a state prison, by a fine, or both. If you’ve been charged with a felony, call a Chicago lawyer or Chicago attorney for legal guidance.

Crimes commonly considered to be felonies include, but are not limited to, aggravated assault, aggravated battery, arson, burglary, illegal drug possession and sales, grand theft, armed robbery and simple robbery, murder, rape, and vandalism on federal property. Felonies can also be categorized as either violent or non-violent offenses.

If the crime is a capital offense like first-degree murder, a death penalty may be awarded. In misdemeanor and felony cases, the defendant has the right to a court-appointed lawyer if indigent.

A person convicted of a felony is likely to have more restrictions on their rights. This may include professional restrictions; for example, they can be disqualified from being lawyers or teachers, not being allowed to serve on juries, lose the right to vote, be prohibited from owning guns or serving in the military, and in some cases, have to register as an offender, such as a sex offender or narcotics offender.

There are some offenses similar in nature that may be felonies or misdemeanors depending on the circumstances. The illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts of cannabis (marijuana) may be only a misdemeanor. Possession of a deadly weapon may be generally legal, but carrying the same weapon improperly or into a restricted area, such as a school, may be viewed as a serious offense, regardless of whether there is intent to use the weapon.

The most basic definition of theft is taking something that does not belong to you. There are different levels of theft, often categorized into grand theft and petty theft. Not all theft has the same punishment. If you’ve been charged in Illinois with theft or robbery, call a Chicago criminal defense attorney for guidance.

Chicago Lawyer Explains: The Difference Between Robbery, Burglary, Theft and Larceny

In criminal law, theft is the illegal taking of another person’s property without that person’s freely-given consent. It is also considered theft if you knowingly possess stolen property even if you did not steal it. Larceny is a crime involving theft, taking and removing tangible personal property with the intent to deprive a person of their possession(s) permanently.

Robbery is the crime of taking or attempting to take something of value by force or threat of force and/or by putting the victim in fear. Burglary, unlawful entry into a building for the purposes of committing an offense, is a crime. No physical breaking and entering is required; the offender may simply trespass through an open door. It differs from robbery, since there is usually no victim present during a burglary. A competent Chicago criminal lawyer can walk you through the differences.

Robbery differs from simple theft in its use of violence and intimidation. Among the types of robbery are piracy, armed robbery involving use of a weapon, and aggravated robbery involving use of a deadly weapon or something that appears to be a deadly weapon. Robbery requires that the property be taken directly from the person of the victim or from his presence. This differs from larceny which requires that property be taken from the victim’s possession.

Chicago Criminal Lawyer Explains: Illinois Penalties and Jail Time

The penalty for theft in Illinois is dependent upon the value of the amount stolen, the higher the value of the property stolen the more severe the penalty, and whether it was stolen from a person and where the offense took place. Generally, if the theft occurred at a place of worship, school or of government property, the crime is enhanced to one of the fours classes of a felony charge. Felony thefts can include car theft, credit card theft, felony larceny, fraud and embezzlement.

If the value of the stolen property is $300 or less and it was not stolen directly from another person or from a retail store, then the theft charge is Class A Misdemeanor which carries a possible sentence of up to one year in jail and a fine of up to $2,500. Many shoplifting charges fall under this category.

The sentence for robbery is a Class 2 felony, punishable by 3 to 7 years in prison. Aggravated robbery is a Class 1 felony punishable by 4 to 15 years in prison. Armed robbery in Illinois is very serious offense and a Class X felony, carrying a mandatory prison sentence of 6 to 30 years. Call a Chicago lawyer if you’ve been charged. A Chicago criminal defense attorney or Chicago criminal lawyer can explain possible penalties and jail time in greater detail.

Burglary is prosecuted as a felony and involves trespassing and theft, entering a building or automobile, or intent to commit theft or any crime, for example, vandalism.

These penalties do not take into account special circumstances that may make the punishment more severe such as the location of the crime, school or place of worship, the victim(s) of the crime and an individual’s criminal history.

There are many myths regarding Chicago drunk driving laws. In Illinois, a driver is legally considered to be under the influence if they have a blood-alcohol concentration (BAC) of .08 or more, have used any illegal substance, or are impaired by medication. The following topics address what a person needs to know before going to court with an Illinois DUI lawyer or Chicago drunk driving attorney for a DUI charge.

Chicago Drunk Driving Myth #3: Anyone Can Defend An Accused In A DUI Charge

If you are arrested for DUI, you will need the assistance of an experienced Illinois DUI lawyer. Those charged with DUI may face jail time and driver’s license revocation. A skilled Chicago drunk driving attorney with experience defending DUI cases will evaluate all the evidence, including the procedure and results of any field sobriety and chemical tests, to ensure that your legal rights are protected.

If charged with a DUI, choose an Illinois DUI lawyer who will aggressively defend your interests. Not investigating all of your options could leave you at the mercy of the prosecutor or the judge. Make sure you review Chicago drunk driving attorneys carefully. Lesser-experienced Illinois DUI lawyers may not be familiar with all facets of DUI/DWI law, resulting in poor advice. A skilled and highly-competent Illinois DUI attorney will thoroughly review your case, analyze the facts and provide expert guidance. It is best not to take the risk of hiring an inexperienced DUI lawyer.

Illinois DUI lawyers do more than dispense legal information. Lawyers offer strategic advice and apply sophisticated technical skills to legal problems. It is best to work with a lawyer who is already familiar and skilled in the area you need help. Think of hiring a Chicago drunk driving attorney in a similar manner that you would when hiring any other professional, such as an electrician or an accountant. There will be many to choose from, but look at their track record, are they skilled and experienced in the area where you need help? Do they have the qualifications needed to handle your case?

Chicago Drunk Driving Myth #4: Drunk Driving Is A Minor Crime

Many people are under the impression that drunk driving is treated as a minor offense. That may have been the case 20, 30 or even 50 years ago – but not today! With strict DUI laws, you need an Illinois DUI lawyer who will represent your interests to the fullest extent of the law.

A Chicago drunk driving conviction may carry criminal penalties including fines, jail time, probation, and community service. The severity of these penalties will vary according to the circumstances of the offense. Chicago drunk driving charges are very serious charges and should not be taken lightly.

If convicted of a DUI in the State of Illinois, the first offense will result in a minimum one year driver’s license revocation, possible imprisonment for up to one year, a maximum fine of $2,500 and suspension of vehicle registration. If someone suffers great bodily harm as a result of the drunken driving, Illinois law raises the charge to a felony.

Other factors that can impact DUI penalties, include whether the driver has a history of DUI violations; if the driver’s license was suspended or revoked for another DUI, if the driver was under the legal drinking age at the time of the DUI violation; if the DUI violation occurred while there was a child in the vehicle; if the DUI violation involved a car accident in which another person was injured or killed; amongst others.

Unlawful Traffic Stops And Illegal Searches And Seizure By Police

Police officers are normally not allowed to search a car during traffic stops, however it can be easy to give the officer a valid reason to search a car if the driver is not careful. If an officer observes a driver trying to hide or throw something out of the window, the officer may legally search the car. If the driver appears to hunch down in their seat, the officer may reasonably believe they are hiding something under the seat. The above are only a few examples of driver behavior that can provide the officer with a valid reason to search a car.

Unlawful Chicago Traffic Stop

An officer may stop a vehicle at a roadside safety check or for a legitimate reason, known as probable cause; reasonable suspicion or unusual operation. Without probable cause, a stop that is made by an officer may be considered unlawful. For example, officers cannot conduct a drinking under the influence (DUI) stop because they have suspicions about a driver, they must have strong reasons for stopping the vehicle such as weaving in between traffic lanes. If you are facing Chicago drunk driving charges, speak with a Chicago lawyer to determine if your traffic stop was lawful.

If it is proven that police made an unlawful DUI stop, any evidence they gathered against a driver may be dismissed. This means that breath test results and field sobriety test results can no longer be used as evidence against a driver during their Illinois DUI case. In some cases, drivers’ DUI charges may be dismissed altogether based upon the fact that they were subjected to unlawful police stops. It’s key to your defense that your Illinois DUI lawyer leave no stone unturned.

Illegal Search And Seizure

The police may not search a vehicle unless there is a reasonable suspicion that it contains evidence, illegal items, or stolen goods. Unless the police have a reasonable suspicion that a driver is involved in a criminal activity, the police may not stop and frisk the driver. If they have a reasonable suspicion, they may pat down an individual’s outer clothing if they are concerned that they might be concealing a weapon.

If an officer has probable cause they can search a vehicle. During the traffic stop, if the officer sees something in plain view, then the officer is allowed to inspect it and any other objects the officer comes across can be legally seized as well. Common examples of items in plain view include open beer cans, wine bottles and drug paraphernalia.

When the driver or a passenger are arrested, the police may legally search the car if circumstances permit. If you have questions, speak with a qualified Chicago lawyer to determine if evidence can be allowed. Police are required to follow strict procedures when it comes to these types of searches.

Probable Cause To Search A Vehicle

Probable cause refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search, or seize property relating to an alleged crime.

Probable cause to arrest, search, or seize property, including vehicles, exists when facts and circumstances known to the police officer would lead a reasonable person to believe that the individual to be arrested has committed a crime; that the place or vehicle to be searched was the scene of a crime; that the place or vehicle to be searched contains evidence of a crime; and/or that property or vehicle to be seized is contraband, stolen, or constitutes evidence of a crime.

Drug crimes include a wide range of activities prohibited by federal or state regulations, including possession, manufacturing and distribution, as well as prescription fraud and forgery. Drug charges can have severe consequences, including forfeiture of property, jail time and monetary fines.

What Are Controlled Substances According To Illinois Laws?

A controlled substance is a drug or chemical whose manufacture, possession, and use are regulated by the government. This includes illegal drugs and prescription medications. Federal and state drug possession laws make it a crime to possess illegal controlled substances.

In Illinois, possession of a controlled substance is a felony offense under state law. All illegal drugs that are not cannabis are classified as controlled substances. This includes cocaine, heroin, ecstasy, methamphetamine, mushrooms, and LSD. When the defendant is accused of manufacture, delivery, or possession with intent to deliver, the law increases the punishment. Call a Chicago criminal law attorney or Chicago lawyer for legal guidance if you are charged with a possession of a controlled substance.

Possession, Manufacturing, Distributing Controlled Substances

Drug possession laws vary according to drug type, amount, and the purpose of possession. Drug cultivation and manufacturing laws make it a crime to grow, produce, and possess certain plants and other naturally occurring elements used in the production of controlled substances; or to produce controlled substances which require use of certain chemicals and laboratory equipment in their production. Drug distribution and trafficking laws penalize the selling, transportation, and illegal import into the United States of controlled substances.

Illinois Sentencing And Potential Consequences

Sentences and guidelines are set out in the Illinois Drug Laws according to the amount seized and weighed. Many drug charges are felonies which may result in substantial jail time and fines. A felony is a serious crime and requires the guidance of a capable Chicago criminal law attorney or Chicago lawyer.

The typical possession of a controlled substance charge with a total weight of less than 15 grams is a Class 4 felony offense which has a potential jail sentence of 1-3 years and fines of up to $25,000. Most Class 4 felony drug charges allow the court to sentence the defendant to probation and substance abuse treatment. Certain controlled substances have special penalties for weights greater than 15 grams.

Illinois Drug Laws impose greater sentences if certain other factors are involved. If possession or sale of a drug is within 1,000 feet of a school, church, public park, or a movie theater, the court may double the fine and the sentence. If a firearm is in possession at the time of a drug arrest, the court may double the fine and the sentence upon conviction. An individual can be charged with possession or sale of a look-alike substance, known as a fake drug, if the substance is packaged in a manner to resemble a real drug.

In addition to a lengthy jail sentence, any felony conviction will make it difficult to get a job, obtain government student aid or college loan. If a person is not a citizen of the United States, a conviction for a drug offense may cause them to be deported and never be allowed to return to the United States.

An individual may also be in danger of forfeiting their property if they’re convicted of a drug crime. If a person’s house is used to make and distribute drugs, the government may be able to seize it. The impact of a conviction for a drug offense can have life-long and life-changing impacts on an individual’s life. Don’t delay if you or a loved one is facing charges for an Illinois drug crime. Speak with a Chicago criminal law attorney or Chicago lawyer right away!