Class 4 felony

Illinois law on felony probation sentences, generally

May 20, 2011
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The principal rule in regards to felony sentencing in Illinois courts is that the judge is not allowed to sentence the defendant to a conviction only. Rather, the law requires that the judge must sentence the defendant to a conviction combined with some other terms. Usually in felony cases, the judge has discretion to sentence […]

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New interview on eavesdropping law

May 6, 2011
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I was recently interviewed for a story by the Illinois Statehouse News. The reporter was doing a story about eavesdropping. Illinois law prohibits any person from recording a conversation with another without the other’s consent. See 720 ILCS 5/14-2. It is not a defense that the conversation occurred in a public place. The other person’s […]

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Newly proposed law in Illinois allows for medical marijuana

April 28, 2011
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Illinois lawmakers find themselves at the front of the legalization of marijuana movement this year because newly proposed legislation would allow use of medicinal marijuana. Currently, Illinois House of Representatives is considering a bill sponsored by Democrat Lou Lang from Skokie, HB 30. If passed, the new law would be called the Compassionate Use of […]

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Summary of felony prison sentences

April 9, 2011
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Illinois law provides that a felony is any offense for which the penalty is one year of imprisonment or more. A misdemeanor, by comparison, is punishable by less than one year imprisonment. Among the various felony offenses, the law distinguishes them in the following way: Class X felony: Mandatory sentence of 6-30 years in the […]

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Penalties for possession of drug paraphernalia under Illinois law

November 19, 2010
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Illinois law makes it a criminal offense to knowingly possess drug paraphernalia. The law does not distinguish between the type of drug the paraphernalia is used for. The penalties for possessing a pipe to smoke marijuana are the same as a needle to shoot heroin, even though heroin is regarded as a more dangerous drug. […]

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Penalties for the offense of retail theft under Illinois law

August 20, 2010
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Shoplifting is a serious crime in Illinois and the law imposes harsh penalties on anyone who is caught stealing from a store. The statute in Illinois governing the criminal offense of retail theft is 720 ILCS 5/16A-13. Anyone who is charged with retail theft for the first time is likely to be surprised at how […]

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What is obstruction of justice according to Illinois law?

July 27, 2010
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A charge for obstruction of justice is a serious criminal offense under Illinois state law. While the conduct that leads to a charge of obstructing justice can be considered trivial, such as providing a police officer a false name, the consequences are very serious. Obstruction of Justice is a Felony The statute defining the elements […]

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What is the possible sentence for fleeing or attempting to elude a police officer in Illinois?

March 13, 2010
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The offense of fleeing or attempting to elude a peace officer is a Class A misdemeanor in Illinois. The penalty can be up to one year in jail and the court can order the defendant to pay a fine of $2,500. The defendant, however, is eligible for probation. Fleeing or attempting to elude a peace […]

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What is aggravated DUI in Illinois?

March 9, 2010
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While an arrest for driving under the influence is a misdemeanor on the first offense in Illinois, there are some circumstances where even a first offense can be a felony. Felony DUI offenses are called aggravated DUI. Misdemeanor offenses have a maximum sentence of less than one year of imprisonment. Felony offenses, on the other […]

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What is the law in Illinois on possession of a controlled substance?

March 7, 2010
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Possession of a controlled substance is a felony criminal offense under Illinois law. The penalties for this offense are set out in the Illinois Controlled Substances Act at 720 ILCS 570/1 et seq. Police officers, lawyers, and judges refer to the offense of unlawful possession of a controlled substance as UPCS. In Cook County, the […]

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