Kopp LawKopp Law2024-02-09T07:13:01Zhttps://www.kopplawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1103062/2021/10/cropped-favicon-1-32x32.pngOn Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=501082024-01-09T17:08:04Z2024-01-09T17:08:04ZClass X, the most severe. Each class carries its distinct range of possible penalties.
Misdemeanors versus felonies
There’s often a fine line between a felony charge and a misdemeanor, and the state may potentially charge a crime, either. Factors influencing the choice between a felony or misdemeanor level charge include:
The severity of the crime
Whether a weapon was involved
If the individual has a prior criminal record
The specific harm caused to the victim
Theft, for example, may be charged as a felony if the value stolen was large enough or if there was a weapon involved.
The consequences of felony charges and what you should do
Felonies in violent crimes such as murder, sexual assault and armed robbery, as well as non-violent crimes like fraud, embezzlement and drug offenses. These offenses carry severe consequences like a potential loss of certain civil rights, difficulty finding employment and a definite social stigma that may follow you.
However, Illinois also offers certain rehabilitation programs and alternative sentencing options for eligible individuals. First-time felony drug offenses are eligible for these programs, which is not the norm nationally.
Felony charges are a long way from felony convictions
No matter what you have ahead of you, your legal rights deserve protection. A charge is not a conviction; every individual is presumed innocent until proven guilty. Your current situation, however difficult, is not the end.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=501112024-01-09T17:07:23Z2024-01-09T17:07:23ZMinor offenses generally include non-moving violations, like parking infractions or expired tags. While these can result in fines, they rarely lead to severe penalties unless a person gets several violations in a short period of time.
Major traffic offenses are serious violations that involve risky behavior and can potentially endanger lives.
Penalties for major traffic offenses
When we talk about major traffic offenses, we typically are talking about such crimes as:
Driving under the influence (DUI
Reckless driving
Hit and runs
Driving without a valid license
Vehicular homicide
These offenses can lead to severe penalties, including hefty fines, probation, suspension or revocation of driving privileges, and even jail time.
For example, a first-time DUI conviction can lead to a one-year license suspension, up to one year in jail, and fines up to $2,500. For reckless driving, penalties can include a jail sentence of up to one year and fines of up to $2,500. More severe offenses, such as vehicular homicide, can result in a prison sentence of up to 28 years.
Importantly, penalties can increase with repeated offenses, such as a second or third DUI conviction coming with increased jail time, license suspension length and much higher fines.
Fighting traffic offenses with an attorney
Despite the gravity of major traffic offenses, it's important to remember that you have legal rights. Remember, when faced with a major traffic offense, the stakes are high. It's crucial to understand the potential risks and penalties and to seek professional legal advice to protect your rights and interests.
An experienced traffic offense attorney can help you understand the charges, explore possible defenses, negotiate plea deals, and represent you in court. The law is complex, but you don't have to navigate it alone.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=500792024-01-09T17:06:49Z2024-01-09T17:06:49Z1. Lack of possession
In drug possession cases, the prosecution must prove actual or constructive possession of drugs. Constructive possession can get tricky. For example, a passenger in a vehicle may claim that the drugs belonged to the vehicle owner, even if the police discovered drugs under their seat. The situation also gets complicated when it involves multiple people in a vehicle.
2. Illegal search or seizure
Law enforcement must respect your constitutional rights. When it comes to drug charges, a high number of defenses focus on illegal searches and seizures, including illegal traffic stops. An effective challenge to an illegal search or seizure can result in the evidence getting thrown out, which in turn can lead to dismissal of the charges.
3. Technical challenges
The state must adhere to meticulous procedures when it comes to handling evidence. They must establish proper chain of custody to ensure that the evidence wasn’t tainted or tampered with. They must also comply with a host of procedural rules to ensure that your rights aren’t violated. Any number of technical challenges may be possible as grounds to undermine the state’s case.
Getting arrested for drug charges does not always equate to serving time. Seeking the right legal help from a proven defense attorney may lead to a reduction or elimination of charges.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=501132024-01-09T17:05:30Z2024-01-09T17:05:30ZUnderstanding your suspension
The first step is to understand the specifics of your suspension. In Illinois, the Secretary of State's office handles driver's licenses, and they provide detailed reasons for your suspension. Factors that affect your suspension include the severity of the offense, your driving record, and any previous alcohol-related incidents.
Before you can think about reinstatement, you need to fulfill all legal obligations related to your suspension. This likely involves a formal hearing before an administrative judge and attorney from the Secretary of State's Office, completing a drug and alcohol evaluation, or serving a mandatory suspension period; this may include:
Attending a remedial or educational program if required
Paying all fines and court costs
Serving any jail time or community service as mandated by the court
Once you've met your legal requirements, you can apply for reinstatement. The Illinois Secretary of State's office has specific guidelines and forms you'll need to fill out.
Staying on track post-reinstatement
After you've regained your driving privileges, it's important to stay on track. Avoiding future offenses is critical, as repeat violations can lead to more severe consequences. However, if you do face another driving infraction or criminal offense, despite your record, you still have many rights. No matter the criminal charge, you are still innocent until proven guilty.
Your attorney can provide considerable resources and guidance to you both during the reinstatement process and in preserving your driving privileges for the future. You are not alone in this journey.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=501032023-12-11T21:02:57Z2023-12-11T21:02:57ZCommon uses of “probable cause”
Police look for a wide range of indicators that they may interpret as probable cause. In a given traffic stop, a police officer may report:
The smell of marijuana
Suspicious or guilty behavior
Confrontational interactions
Nervousness
Appearance of impairment
Any of the above may seem like a reasonable reason to continue a search or investigate an individual further. But, under scrutiny, many “observations” are fraught with assumptions and biases.
How is nervousness evidence of a crime?
There are dozens of explanations for a person’s appearance or even their smell. Yes, a crime is one of them. However, by looking at a person’s nervousness or emotional state, police make a significant logical leap.
Additionally, one key part of being “confrontational” with police is refusing to answer questions. However, refusing to answer any questions is a constitutional right, and it cannot be the basis of a search.
Protect your rights, and understand your actions.
Your rights are fundamental, and if the police overstep their authority, you must react appropriately. A key aspect of your reaction is to remain calm and comply. You may politely affirm your 5th Amendment rights and then – once you do that – remain silent.
Probable cause is a judgment call made by the police and validated (or invalidated) in court by your attorney - not a debating point to be settled on the street. All you have to do at first is stop from letting your words form the basis for a search.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=500882023-11-16T18:52:09Z2023-11-02T04:10:00ZTrafficking vs. delivery
Illinois law – specifically, the Illinois Controlled Substances Act – establishes two types of criminal charges related to selling illicit substances:
Delivery refers to selling or distributing drugs, whether for money, in exchange for other drugs or services, or for no compensation at all.
Trafficking refers to bringing drugs or illicit substances across state lines into Illinois for the purpose of manufacturing, selling or distributing them.
A related charge is possession with intent to manufacture or deliver, which depends on the amount and substance involved and the presence of paraphernalia.
Penalties for drug delivery or trafficking
Delivery and trafficking are among the most serious types of drug offenses. Apart from cannabis-related charges, these offenses are felonies ranging from Class 4 for smaller amounts up to Class X – the harshest category. The severity of the charge depends on the type of substance involved.
Drug trafficking offenses are more serious than delivery, with a sentence that can double the maximum penalty for possession with intent to deliver. You could face many decades in prison if convicted.
Don’t take any drug charges lightly
As you can see, Illinois has harsh laws when it comes to selling or trafficking controlled substances. Don’t take chances when it comes to your freedom. A strong defense lawyer is essential for fighting the charges.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=474042023-09-28T14:42:30Z2023-09-28T14:42:30ZPrescription does not always guarantee safety
Your doctor, dentist or other health care provider may have recommended you use a certain medication, but that by no indication means that the drug is completely safe. Much evidence exists proving that many commonly prescribed medications contain highly addictive qualities. A drug addiction to a prescription medication may be no less challenging or damaging to your life than a drug addiction to an illegal substance.
Most addictive prescription drugs
According to WebMD, the most addictive prescription medications fall within one of three drug classifications: depressants, stimulants and opioids. Depressants may help people who struggle with sleep issues, anxiety or other mental health conditions. Stimulants may also help people with different sleep disorders, attention deficit issues, asthma, depression and more.
Opioids became popular due to their strong pain management capabilities, but their addictive nature has subsequently caused serious problems for many people across the United States.
This information is not intended to provide legal advice but is instead meant to give residents in Illinois an overview of the different classifications of prescription medications known to be the most addictive and linked to many overdoses, accidental deaths and criminal charges.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=474352023-09-28T14:42:26Z2023-09-28T14:42:26Zdevices can malfunction for various reasons, skewing results and affecting criminal cases. If there were problems with your test, it is possible you could have grounds to challenge these test results.
External factors to consider
There are specific things that could ultimately affect the results of a Breathalyzer test. While these devices are generally reliable, it is the responsibility of law enforcement to keep them maintained and ready for use. Some important factors to consider regarding the accuracy of these devices include:
These devices need regular calibration and replacement of batteries to give accurate results.
Substances in the mouth of the driver, such as mouthwash, could affect the results of the Breathalyzer test.
Misuse and human error can affect the accuracy of the results from the test.
Fumes, chemicals and other environment factors may affect the results of a breath test.
If the software that operates the Breathalyzer malfunctions, it is possible it can affect results.
Challenging the results of a Breathalyzer device can be complicated. If you think this is important for your defense strategy, you will find it beneficial to work with an experienced attorney from the very beginning of your case.
Your defense starts now
You do not have to wait to start working on your defense. You can start this process as soon as possible after an arrest by reaching out for an evaluation of your case and explanation of the legal options available to you.
Fines, loss of driving privileges and even the potential for jail time are on the line when facing DUI charges in Illinois. Thankfully, you do not have to face them alone. With effective legal counsel, it is possible to effectively defend your future interests and personal rights after a drunk driving arrest.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=474832023-09-28T14:41:47Z2023-09-28T14:41:47ZWhat it is and what it does
Whether you have been taking a medication for years or you are headed to the pharmacy to get your first prescription, it is important to understand the essential information about your medicine, including:
What it is
How it works
Common side effects
How long it stays in your body
How it interacts with other medications or substances (such as caffeine or alcohol)
There are many sources for learning about your medications. You should talk to your doctor, pharmacist, or consult information online so that you understand how your medications could impact your ability to drive safely.
Not quite like alcohol
While not all cases are as exciting as the Chicagoan who drove on a missing wheel, someone driving under the influence of prescription medication could face DUI charges.
When you start a new medication, you should avoid driving until you know how your body handles the drug. You should also consider that factors like how much you ate and your stress levels could impact how your body processes and responds to your medication.
Officers do not have the same measurement devices for prescription medications as they do for alcohol. However, they may still be able to evaluate how impaired you are while driving.]]>0On Behalf of Kopp Lawhttps://www.kopplawoffice.com/?p=474902023-09-28T14:41:44Z2023-09-28T14:41:44Ztemporary suspension of low-level infractions penalties.
Now that the mayor has lifted the suspension, here’s what you should know about harsher restrictions that may be coming in 2021.
What are the new rules?
During times with reduced traffic, Chicago saw a dramatic increase in serious crashes. In response to the number of crashes, as well as the budget deficit from the suspension of low-level traffic violations, the mayor has introduced an order that could increase the number of speeding tickets.
Currently, area speed cameras do not issue tickets until drivers exceed nine miles-per-hour over the posted speed limit. The new order would give $35 tickets to motorists driving between six and nine miles-per-hour over the speed limit.
There are still questions
While officials have stated that the new order will not start on January first, there is still not an exact date that the change will take place. Also, once the stricter enforcement is in place, drivers will likely get a written warning in the mail for their first violation under the new guidelines.
The penalty threshold change is projected to create significant revenue for the city while reminding residents to be cautious about their speed.]]>0