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Recent Blog Posts
Why a Case Might Not go to Trial
Most criminal cases do not go to trial in Illinois. This can happen for a variety of reasons. In this article, we are going to examine why this is the case.
Plea Deals & Case Strength
Often when the government does not have a strong case they make an offer to reduce the charges and give a small fine and much lighter punishment to the defendant. Since trials have uncertain outcomes, the defendant often opts to take the guarantee that the government offers. When the government has a strong case (video evidence, multiple eye witnesses, good forensic evidence, etc.), the defendant will often take the deal, or plead guilty and argue what an appropriate sentence would be.
Contact a Naperville Criminal Lawyer
At Appelman Law LLC, our attorneys have decades of experience assisting clients in criminal and civil matters. We can work with you to make sure that you know what’s happening and that you feel comfortable throughout the extent of your case. Contact us today at Appelman Law to set up your free consultation. Our office is located in Naperville, but we represent clients throughout the state of Illinois.
The True Cost Of A Speeding Ticket In Illinois
If you’re like most drivers, odds are you’ve spotted the red and blue cherries of a police cruiser in your rearview mirror at one point or another. Hopefully you weren’t going too far above the speed limit, but you can still end up schilling out hundreds of dollars even if you were only going a couple miles faster than the posted limit. Today, we take a closer look at the hidden costs of a speeding ticket, and we get to the bottom of the true cost of a speeding ticket in Illinois.
Speeding Ticket Cost In Illinois
Speeding costs typically vary a little throughout the state. Here’s a rough breakdown of the base fine you can be expected to pay based on your speed:
- 1 to 20 mph over the speed limit – $120 fine.
- 21 to 30 mph over the speed limit – $140 fine.
- 31 mph or more over the speed limit – $160 fine.
Is It Worth It To Hire A Lawyer?
If you’ve been ticketed or charged with a crime, one of the first things you’re probably thinking about is whether or not it is in your best interest to hire an attorney. Yes, hiring an attorney will cost you money, but pleading guilty to a charge can cost you a lot more in the long run. Today, we help explain when it is worthwhile to hire an attorney.
Should I Hire A Criminal Defense Lawyer?
Since we are criminal defense lawyers, it is much easier for us to explain situations where it is in your best interest to hire an attorney. If your arrest involves any of these factors, it is likely a wise move to lawyer up.
1. Drugs/Drunk Driving – Although you may not need to serve jail time for some crimes involving drugs or drunk driving, a conviction can seriously impact your ability to get a job, keep a job, get into college or have your rental application approved. Don’t just pay the fine and try to keep the charge from being discovered, because it will show up on background checks.
Wrong Way DUI Offenders Could Face Stiffer Penalties In Illinois
An Illinois legislator has introduced a proposal that would make wrong-way driving an aggravating factor in determining sentences for DUI offenders.
Wrong way DUIs don’t occur all that frequently in Illinois, but when they do, they can easily be deadly. State data suggests that wrong way impaired drivers have caused more than 50 deaths and more than 300 injuries over the past decade.
Upon hearing about the proposal, the advocacy group Mothers Against Drunk Driving applauded the move, saying “the punishment doesn’t fit the crime for DUIs.”
Wrong Way DUI Proposal
The proposal, introduced by Rep. Michael Zalewski, D-Riverside would mean a wrong way DUI driver could be charged with an aggravated DUI even if no other aggravating factors are present. Under the current law, anyone convicted of an aggravated DUI must serve at least 85 percent of the minimum sentence. This means if a person commits a wrong way DUI that results in a potential 90-day sentence, the person would be forced to spend at least 77 days in jail.
Recreational Marijuana Use Proposed In Illinois
Lawmakers introduced a bill on Wednesday that would legalize recreational marijuana use in Illinois, but a vote on the issue likely won’t surface until next year.
Under the proposal, it would become legal for adults over the age of 21 to possess, grow and buy marijuana in Illinois. If passed, Illinois residents would be able to possess up to 28 grams of marijuana and grow up to five marijuana plants. The measure would also establish safety regulations such as chemical testing and labeling requirements.
Legalized Marijuana in Illinois
Illinois is considering legalizing marijuana after witnessing the financial success Colorado has had after legalizing the drugs. Estimates suggest that legal marijuana could generate between $350 million and $700 million in sales per year.
Illinois Putting Extra Emphasis On Criminal Rehabilitation
Governor Bruce Rauner signed a bill last week that will expand the types of crimes that will be eligible for probation and rehabilitation in lieu of a prison sentence. Additionally, the bill will look into building trauma centers in state prisons to ensure prisoners have better access to physical and mental health needs while behind bars.
“This will help keep our community safer, help victims of crime recover, and help those who committed a crime get the rehabilitation they need,” said Rauner. “Prison should not just be about punishment [and] locking people away. It needs to be about preventing the individual offender from committing crimes again.”
Rehab Vs. Prison
Some people may read the first two sentences of this blog and think that Illinois is going “soft” on crime, but that couldn’t be further from the truth. Yes, offenders need to be punished for their actions, but in order to prevent future crime or cases of recidivism, we need to focus on the mental rehabilitation aspects that are involved.
Avoiding A St. Patrick’s Day DUI In Illinois
Although a lot of places in Chicago rang in the St. Patrick’s Day holiday last weekend, there will still be plenty of revelers out and about this weekend. The holiday falls on Friday, which almost always leads to an uptick in arrests for crimes like drunk driving, aggravated assault and disorderly conduct. Knowing this, Naperville police and other departments across the state will be adding extra patrols to crack down on drunk drivers and other lawbreakers.
“Naperville Police will be on patrol this St. Patrick’s Day, so make sure you obey the law,” said Naperville Police Sgt. Derek Zook. “Don’t drink and drive, and don’t let your friends do it, either. Help us make zero fatalities a reality in Illinois.”
St. Patrick’s Day In Illinois
The focus of the extra enforcement will be to look for alcohol- and drug-impaired drivers, but that’s not all police will be keeping a close eye on. Sgt. Zook said they would also be conducting extra seat belt enforcement, especially during the night hours when seat belt rates are the lowest.
Illinois Changing Child Support Guidelines
In the near future, Illinois will shift from a system that sets child support based on hard percentages to a more open ended system that involves analyzing parenting time and the income statements of both parents.
The new system, which is set to go into effect on July 1, offers some sweeping changes to the old system. The old child support system had pretty set standards for the percentage of a paycheck one spouse owes to the other, but the new system is a move away from a one-size-fits-all system and towards an individualized, case-by-case system.
New Child Support System
Anybody who pays or who owes child support will be subject to the new system on July 1. The new system will evaluate the time each parent spends caring for the children, as well as the net income of both parents.
Some people believe it will complicate the child support system, but Illinois believes it will help ensure the financial needs of the caregivers and the child are being met. The main issue won’t be over earnings statements, as those will be rather easy to dissect. Instead, family law attorneys believe getting both sides to agree on an accurate description of shared parenting time may be difficult. For example, although a child may spend more hours of the day with one parent, the other parent may be the one paying for schooling, sports and other activities. If they are meeting financial obligations but spending less time with the children, there’s a chance they could be ordered to pay more simply because they aren’t “parenting” the child by the state’s standard definition.
Illinois Considering Allowing Kids To Consume Alcohol With Parents
A proposed Illinois bill would make it legal for individuals under the age of 21 to legally consume alcohol in bars and restaurants if they are in the company of their approving parents or legal guardian.
It may sound like an odd law, but it’s been on the books in Wisconsin for a number of years. Now, Illinois is considering adopting a similar law. Not surprisingly, the proposal is being met with support and opposition.
“I honestly think it’s a bad idea,” says bar and restaurant owner Andy Rio. “We have customers that are 21 and can’t even handle their alcohol. We’re totally 100 percent against something like that.”
Rio added that it may be hard to police who is someone’s parent or guardian, so he wary of the proposal.
“How do you know that’s their parent? It could be an older friend, someone from the neighborhood. I think it’s going to be very hard to police and regulate,” said Rio.
The Basics Of Breach Of Contract Laws in Illinois
We enter into a number of contracts each and every day. Contracts are made on a regular basis, and it doesn’t need to be written or signed by both parties in order for it to be considered a legal contract.
For example, if you pay for breakfast at McDonalds, the restaurant is required to cook and give you your food, otherwise they are in breach of the contract that is established when you place an order at their restaurant. Similarly, when you pay your mortgage or your credit card bill, you’re holding up your end of the contract. You’re probably involved in a bunch of contracts at the moment, but what happens when you or the other party fails to hold up their end of the bargain? That’s the focus of today’s blog on the basics of breach of contract laws in Illinois.
Types Of Legal Contracts
We rattled off a couple of examples of contracts you may already be involved in, but there are even more types of contract that are subject to breach of contract laws here in Illinois. Some common contracts that end up going before a judge include:
From our office in Naperville, Illinois, we serve clients throughout DuPage County, Kane County, Kendall County, Cook County, and Will County, including Wheaton, Aurora, Downers Grove, Lisle, Aurora, Elgin, St. Charles, Geneva, Batavia, Yorkville, Ottawa, and Plainfield.
Results listed are not a guarantee or indication of future case results.
50 S. Main St., Suite 200, Naperville, IL 60540
630-717-7801
