Class 3 Felonies

Felons not required to disclose criminal convictions on Illinois government job applications

October 13, 2013
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In an unprecedented move, Illinois Governor Pat Quinn has issued an order that allows applicants for state government jobs to apply without having to disclose felony convictions. Governor Quinn calls it an order to ‘Ban the Box,’ referring to the box job applicants have to check to disclose convictions. The administrative order, issued October 3, […]

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Fatal accident: a review of reckless homicide charges and penalties

July 16, 2013
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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 […]

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A summary of the law and penalties for involuntary manslaughter

July 9, 2013
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Illinois courts apply the term involuntary manslaughter to any accidental death that results from the reckless acts of another. Recklessness is the key component of involuntary manslaughter. If the acts causing the death were negligent, then the loss of life would be actionable in a civil courtroom, through a wrongful death lawsuit. The statute penalizing […]

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Criminal conviction can result in deportation, even for permanent residents

July 1, 2013
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The impact of the criminal conviction can be long-lasting and devastating. A conviction is usually a permanent record that will never go away. Although Illinois courts have a procedure for expungement and sealing, most felony convictions do not qualify, and very few misdemeanor convictions are eligible. Unfortunately, the fact that a conviction comes from decades […]

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Department of Corrections reinstates early release program

May 10, 2013
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There was a time in Illinois when inmates could get released from state prison in only days. It was the era of “dress-in-dress-out.” Those days are long gone, but the state penitentiary has re-instituted another form of early release. The new early release program has caused confusion in courtrooms throughout the state. To understand it, […]

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Truth-in-sentencing: defendants must serve more than 50% of the sentence imposed

March 20, 2013
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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. […]

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First felony offense eligible for deferred prosecution under Offender Initiative Program

December 29, 2012
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A person who is charged with a felony but has no criminal background will benefit from a new state law in 2013 that allows for dismissal. The Offender Initiative Program is a new statute modeled after the deferred prosecution program developed by Cook County State’s Attorney Anita Alvarez. The statute will apply in all counties […]

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Illinois theft laws: elements of the offense and penalties

June 11, 2012
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The offense of theft under Illinois law is misunderstood. Many people think that because it is not a violent offense, and in some cases, it has no discernible victim, it is not a serious offense. This thinking is wrong. Theft can result in a jail sentence. A person who is arrested for theft, assuming he […]

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Important changes to Illinois retail theft laws in the year 2012

April 24, 2012
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Illinois state law concerning retail theft has seen some significant changes in the year 2012. State lawmakers in Springfield have overhauled the retail theft statute. First, the offense is no longer found under 720 ILCS 5/16A-1. That section was repealed, and replaced by Section 16-25. All charges for retail theft written in 2012 fall under […]

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Important new bill in legislature would expunge felonies

March 26, 2012
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In the current legislative session, Illinois lawmakers are considering a very important new statute to be added to the criminal code. Senate Bill 3349, proposed by Senator Kwame Raoul (D-Chicago), would create a special type of probation for felonies that can be expunged. If signed by the governor, a defendant with a pending felony would […]

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