Should I Allow the Police to Search My Car Without a Warrant?

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A good criminal defense lawyer will always tell you two things: Never voluntarily answer police questions – remember, you have the right to remain silent – and never consent to a warrantless search of your car. If you are pulled over on a traffic stop, you must provide the officer with your license, registration, and insurance information. But you do not have to answer any questions, even something basic like, “Where are you going?”

Defendant Faces 12 Years in Jail After “Routine” Traffic Stop

Remember, police are trained to be suspicious. Even in the context of a routine traffic stop, officers are looking for any possible sign of criminal activity, such as DUI or drug trafficking. Mere suspicion, however, does not justify an arrest or even a search of your vehicle.

However, your own statements can negatively impact you. For example, a man was recently sentenced to 12 years in prison after police found more than 27 pounds of marijuana in his car. What makes this case notable is the defendant actually consented to the search of his vehicle after the police officer completed a routine traffic stop and told him he was free to go.

The officer initially stopped the defendant for speeding. The defendant volunteered that he was traveling from Arizona to Michigan. This made the officer suspect drug trafficking. The officer questioned the defendant further about his travel plans, and the defendant continued to volunteer information.

After about 15 minutes, the officer completed the traffic stop and told the defendant was “free to go.” After a few moments, the officer “asked [the] defendant if he could ask him a few more questions,” according to court records. The defendant again volunteered additional information – and again, the officer said he was free to leave. During this time, another officer arrived at the scene, at which time the officers asked the defendant if they could search his car. The defendant agreed, whereupon the officers found the marijuana. They arrested the defendant and charged him with felony cannabis trafficking.

At trial, the defendant moved to suppress the search as a violation of his constitutional rights. The judge denied the motion and the defendant was ultimately convicted. The Illinois Third District Appellate Court upheld the conviction by a 2-1 vote.

The majority noted the defendant “was unequivocally told he was free to leave.” Instead he chose to remain on the side of the road and “eventually consented – twice – allowing [the officer] to search his vehicle.” The officer, according to the majority, did nothing to unduly prolong the traffic stop or coerce the defendant into consenting to the search.

The dissenting judge had a slightly different take. He noted that “any reasonable person, evaluating the totality of these circumstances, would have realized that the stop had not ended and would have concluded, despite [the officer’s] representations to the contrary, that he or she was not free to leave.” As this judge saw it, the officer’s “show of authority” rendered the defendant’s consent “mere acquiescence.”

Are You Facing Serious Drug Charges?

Even if the dissenting judge’s view of what happened in this case was correct, the defendant probably did himself no favors by talking with the officer in the first place. When the police tell you that “anything you say can and will be used against you,” they mean it. Your best course of action is almost always to say nothing. If you are detained or arrested, contact an experienced Orland Park drug crimes defense attorney. Call the Fotopoulos Law Office, today if you need immediate legal assistance.

Can My Doctor File a Medical Lien Against My Personal Injury Settlement?

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Following a car accident, your first priority is seeking treatment for your injuries. As we all know, medical care is expensive, especially if you lack sufficient insurance. Even a simple accident can lead to thousands of dollars in unpaid bills. Additionally, Illinois hospitals are not shy about collecting on those bills, even if the injured victim has yet to receive any compensation from the parties responsible for his or her accident.

Court Rules Hospital did not Have to Bill Victim’s Insurer

Illinois law permits all health care providers – hospitals, doctors, et cetera – to file a lien against “all claims and causes of action” held by an injured person who seeks treatment. In other words, if you are injured in a car accident, the hospital that treats you can legally claim part of any potential personal injury lawsuit that you file. The law limits such medical lien to “reasonable charges” for the care provided, which in no case may be more than 40 percent of the “verdict, judgment, award, settlement, or compromised” secured by the injured victim.

But how do medical liens work when a victim has insurance? Typically, health care providers have contracts with insurance companies where the former accepts a discounted rate to treat policyholders of the latter. So does this mean a health care provider is required to bill the victim’s insurance company before filing a medical lien?

An Illinois appellate court recently addressed these questions. In this case, the plaintiff was injured in a car accident caused by a third party’s negligence. The defendant hospital treated the plaintiff’s injuries. The plaintiff had health insurance through his employer, and the defendant provided a “discount” to the insurer under a separate agreement.

The defendant billed the plaintiff on three separate occasions. The first two bills were submitted to the plaintiff’s insurance company. The insurer initially denied these claims – arguing the third party was responsible – but later reversed its decision and paid the defendant the discounted rate. The defendant subsequently filed a medical lien against the plaintiff for the difference between the “full” price and the discounted rate paid by the insurer.

Then there was the third bill. The plaintiff alleges the defendant never submitted this bill to his insurance company at all. The defendant claims the plaintiff told it to send the bill to the third party’s insurer instead. In any event the bill, which is for an amount in excess of $10,000, has not been paid, and the defendant filed a lien.

The plaintiff argued the defendant violated Illinois consumer protection laws by “fraudulently” filing medical liens. Specifically, he alleged the insurer had a legal duty to submit the third bill to his insurer before taking out a lien. The Illinois Fourth District Appellate Court upheld the plaintiff’s challenge to the first two liens but not the third.

The court noted the first two liens “should be removed” since the insurer eventually paid the agreed-upon discount rate. But the court also rejected the plaintiff’s objections to the third lien. The lien was not “deceptive” or fraudulent since it was clearly authorized by the law. As noted above, the Illinois lien statute only restricts the maximum amount a medical provider may claim against a victim’s future personal injury award; it says nothing about having to seek recovery from an insurer first.

An Illinois Car Accident Attorney Can Help

The last thing you want to worry about when you are recovering from an accident is dealing with insurance companies and medical bills. That is why you should seek help from an experienced Orland Park personal injury lawyer who can help you with these and other legal matters that may arise. Contact the Fotopoulos Law Office, to speak with attorney today.

Source:

Illinois Official Reports

Can the Type of House You Live in Affect Your Constitutional Rights?

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Most drug crime cases in Illinois involve police searches, and the Fourth Amendment to the U.S. Constitution requires the police to obtain a warrant for most searches. In its broadest terms, the Fourth Amendment protects our right to privacy. However, this presumes that we had a reasonable expectation of privacy in the first place.

For example, if a police officer walks into your house and starts looking around, that would clearly be a violation of your privacy. Yet suppose you live in an apartment building and an officer searches the lobby, which is unlocked and accessible to the public. Illinois courts have said such searches of “common areas” do not require a warrant because there is no reasonable expectation of privacy.

Still, even within an apartment building, there are limits to how far the police can go. In a 2016 case, the Illinois Supreme Court held that police could not conduct a warrantless search outside an apartment door that was “located within a locked apartment building.” The court said the fact that public access was restricted to the hallway leading up to the defendant’s door was critical.

Court Finds Search of Door frame Illegal, Reverses Drug Conviction

More recently, an Illinois appeals court examined how this same principle applies to a duplex, i.e. a split-level building converted from a single-family home. The building at issue in this case was owned by the defendant’s mother. She lived in a separate apartment on the first floor. The second-floor unit was typically vacant but her son stayed there occasionally, including the night of his arrest for drug possession.

An undercover narcotics officer observed the defendant retrieving what he believed to be drugs from a bag hidden within the inside door frame of the duplex. This was an outer doorway that led to two interior doors, one for each of the duplex units. The officer subsequently searched the outer door frame, without a warrant, and found the bag which later tested positive for heroin.

A Cook County judge found the defendant guilty of possession of a controlled substance and sentenced him to five years in prison. But, the Illinois First District Appellate Court overturned the conviction, holding the officer’s search of the doorframe violated the defendant’s Fourth Amendment rights. The Court said the entire building should be treated as a “single-family home, which includes the area above the inside door frame.” In other words, the fact that the mother used the building as a duplex did not convert the outer doorway into a “common area,” and the police could not cross that threshold without a warrant.

Getting Help Fighting Illinois Drug Charges

As crazy as it sounds, this case illustrates how the type of building that you live in can determine the scope of your constitutional rights. Indeed, a federal court recently observed that Illinois rules may discriminate against African-American and Hispanic defendants, who are more likely to live in multi-family apartment buildings where there are more common areas. This is why, regardless of who you are or where you live, it is important to have experienced representation from an Orland Park criminal defense attorney. Call the Fotopoulos Law Office, at 708-942-8400 if you have been charged with a crime and need to speak to a lawyer right away.

Sources:

The People of the State of Illinois, Appellant

Illinois Official Reports

What You Should do if Your Teen has Gotten Into a Car Accident

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Teenagers are one of the most car accident-prone groups in the country. According to the National Highway Traffic Safety Administration, there were more than 3,200 teen drivers ages 15 to 19 involved in fatal traffic crashes in 2017 and more than 2,500 were killed. Car crashes are still the leading cause of death for teenagers in the U.S., with many of the crashes being caused by distracted or other types of impaired driving. A car accident can leave you with thousands of dollars worth of damages and your teenager with serious injuries or even criminal charges, depending on the situation. Here are a few steps you should take if your teen has gotten into a car accident:

  1. Call Emergency Services Immediately: For many teenagers, their first instinct after they get into an accident is to call their parents. While this can be relieving for you, you also need to make sure that emergency services are called. Either you or your teen needs to call 911 immediately, even if injuries are not serious. Calling 911 will dispatch police and ambulances if needed.
  2. Take Photos: If your teen is able to, you should have them take photos while they are still at the scene. These photos could be crucial to the successful settlement of a car accident case. Make sure they take as many photos as possible, especially of the damages to their car and the other person’s car, any visible injuries they may have, the license plates of each vehicle, the scene of the accident as a whole and any factors that may have contributed to the accident.
  3. Record Information: You should tell your teen to take notes of any other information that might be useful. Important information can include the make and model of the other vehicle, road conditions, weather conditions, the date and time of the accident, the time police arrived, the officer’s badge numbers and any witness information. Tell them to get the insurance information of anyone else involved in the accident before they leave the scene.
  4. Get a Copy of the Police Report: When police are called to the scene of an accident, they will begin compiling information about the accident that will later be written into a formal police report. It will also be helpful to have a copy of the police report when you begin a case with your insurance company or a lawyer. The police report will include information about testimonies given to the officer by both parties involved in the accident, the officer’s opinion of what happened and any witness testimonies, including their contact information.

A Cook County Car Accident Attorney Can Help

It can be a scary thing to receive the call that your teen has gotten into a car accident. Once you know that your teen is safe, you should begin taking steps to ensure the situation is resolved quickly. Depending on the severity of the accident, your teen could be suffering from serious injuries that could cause them to miss school or lose out on wages from their job. At the Fotopoulos Law Office, we understand that injuries from a car accident can be so severe that it will affect your teen for the rest of his or her life. Our compassionate Tinley Park, IL, car accident lawyers can help you fight for the compensation that you and your teen may deserve. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Teen Driving

My Teen was in a Car Accident. Now What?

Claiming Compensation When a Loved Dies due to Negligence

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For most people, the most difficult thing they will have to deal with at some point in their lives is the loss of a loved one. The most tragic deaths are those that occur to people before their time or at the fault of another person. In some of these cases, Illinois gives family members the right to file a wrongful death claim, which can help recover some of the expenses associated with an unplanned death and the loss of the deceased from their lives. Though no lawsuit can bring back a loved one, a wrongful death lawsuit may be able to help lessen the financial burden that the family may be facing.

What is a Wrongful Death Lawsuit?

When a person commits a negligent or intentional act that causes another person to die, this is called a wrongful death accident. A wrongful death lawsuit is a claim that the deceased’s representative or family member files in order to recover money from the person who caused the accident. Typically, wrongful death lawsuits award damages to the deceased’s family that the deceased would have been able to recover in a personal injury case if he or she was alive.

Filing the Lawsuit

Illinois law states that a “personal representative” of the victim is the one who can file a wrongful death claim. The personal representative can be a spouse or child of the deceased. In the absence of a spouse or children, a parent or sibling of the deceased may be eligible to file the claim. As with any legal action, there is a deadline by which action must be taken, known as the statute of limitations. The statute of limitations in Illinois for a wrongful death claim is two years from the date of the death, or five years if the death was caused by violent and intentional conduct.

Recoverable Damages

There are many different types of damages that can be claimed in a wrongful death lawsuit. Most of the time, damages that are awarded in a wrongful death lawsuit are monetary damages, though non-monetary damages can also be claimed in some cases. Damages that you may be able to recover in a wrongful death lawsuit include:

  • Medical expenses prior to death;
  • Funeral, cremation or burial expenses;
  • Loss of financial support;
  • Loss of companionship, parental guidance, care or protection;
  • Loss of benefits, such as insurance from the deceased; and
  • Pain, anguish or mental suffering by the survivor.

A Will County Wrongful Death Attorney Can Help You and Your Family Move on

The untimely death of a loved one can send ripples through your family, especially if your loved one died because of the negligence or carelessness of another. At the Fotopoulos Law Office, we can help you file a wrongful death lawsuit so that you can claim compensation in your loved one’s name. Our skilled Joliet, IL, wrongful death lawyer has more than 18 years of experience helping families obtain favorable verdicts and settlements for their loved one’s deaths. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Compiled Statutes

Understanding Personal Injury Claims for Catastrophic Injuries

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Suffering an injury is a stressful experience, no matter the injury you have sustained. Many everyday situations such as car accidents, work accidents or even freak accidents can cause multiple types of injuries, ranging from minor scrapes and bruises to more severe injuries such as brain or spinal injuries. Whatever the accident, there is always the risk of a more serious, catastrophic injury, which is much more consequential than something you will recover from completely. Depending on the situation, sustaining a catastrophic injury may allow you to recover compensation from the responsible parties.

What is a Catastrophic Injury?

The definition of a catastrophic injury varies depending on the source you are getting your information from. For the most part, catastrophic injuries can be considered injuries that have serious consequences and permanently alter the person’s life or quality of life. Examples of catastrophic injuries can include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Amputations or loss of limb
  • Crush injuries
  • Severe burn injuries

What Types of Compensation Can Be Recovered?

Most of the time, if you have suffered a catastrophic injury, you will need medical care or specialized care for an extended period of time. In some cases, you may need specialized care for the rest of your life. Also, in many catastrophic injury cases, your ability to work is diminished or taken away completely. Here are a few examples of costs and the types of compensation you can recover by filing a lawsuit for a catastrophic injury:

  • Emergency medical expenses
  • Continuing medical care and/or nursing care
  • Medications
  • Medical equipment
  • Physical and/or occupational therapy
  • Permanent disability or disfigurement
  • Lost wages
  • Loss of or decrease in earning capacity
  • Pain and suffering

A Cook County Catastrophic Injury Attorney is Here to Help

Whether you suffer from chronic pain that will be present for the rest of your life or your injury prevents you from doing any kind of work, you may have the right to receive compensation for your injuries. At the Fotopoulos Law Office, we have been helping clients recover compensation for their injuries for more than 18 years. Our skilled Tinley Park, IL, catastrophic injury lawyers can help you determine what type of compensation you may be entitled to and the best course of action to receive it. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Spinal Cord Injury

Traumatic Brain Injury

Burns

What is an Amputation?

Can I be Convicted of a Drug Crime Even if I Have no Drugs on Me?

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If the police conduct a lawful search and find drugs on your person – i.e., in your coat pocket – you can be charged with illegal possession of a controlled substance. However, even if you are not actually carrying any drugs, you may still be convicted of a crime if you had “constructive” possession of narcotics.

Constructive possession means that drugs are found in an area determined to be under your control.

The Elements of Constructive Possession

Constructive possession generally requires the state to prove two factors beyond a reasonable doubt:

  • You had knowledge that the drugs were present in the location they were found;
  • You had “immediate and exclusive” control over that area.

For example, say you live alone in an apartment. The police search the premises and find marijuana on the dining room table. It is a pretty safe bet you will be convicted of constructive possession even if you were not physically holding a joint. A jury can easily infer the drugs belonged to you.

However, what if you share an apartment with several other individuals? Suppose the police find cocaine stashed in a drawer in your roommate’s bedroom. In this situation, you are much less likely to be charged with constructive possession since there is no way to prove you had “immediate and exclusive” control of the drugs.

IL Court Reverses Conviction, 15-Year Prison Sentence in Constructive Possession Case

This is not to say that individuals are never wrongfully convicted of constructive possession. Recently, an Illinois appeals court reversed the conviction and 15-year prison sentence of a man charged with illegal possession of drugs and weapons. The court said there was “reasonable doubt” as to whether the defendant actually lived at the apartment where he was arrested.

One night in 2013, Chicago Police Department officers executed a search warrant at the apartment in question. The defendant was not present at the time. During the search, police found a hidden compartment inside of a hallway closet. Inside the compartment were drugs, firearms, cash, and assorted drug paraphernalia.

Outside the apartment, an FBI agent located and identified the defendant, who was sitting in his truck. The police arrested the defendant, even though he had no drugs on his person, and no contraband was found in his truck. The arrest was largely based on the presence of some of the defendant’s personal items in the apartment, including two prescription bottles and clothing.

The defendant elected for a bench trial without a jury. The trial judge found the defendant guilty. The Illinois First District Appellate Court agreed with the defendant, however, that the evidence was “insufficient” to support his conviction. Specifically, there was no evidence connecting the defendant to the apartment or the items recovered from the hidden compartment. The defendant did not have a key to the apartment, his personal items were not in the same room as the compartment, and no drugs were found on him or in his truck.

Have You Been Accused of a Drug Crime?

As this case illustrates, a drug charge can have serious consequences. No one should face 15 years in prison based on insufficient evidence. If you are facing a possession charge and need assistance from an experienced Orland Park criminal defense attorney, contact the Fotopoulos Law Office, today.

Source:

Illinois Official Reports

Can an Accuser Stop Me From Proving My Innocence?

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Although television legal dramas might lead you to think the criminal justice system is infallible – the heroic police and prosecution always manage to catch the clearly guilty defendant – the reality is there are many people in Illinois sitting in prison for crimes they did not commit. In fact, the National Registry of Exonerations at the University of Michigan reports 195 wrongful convictions in Illinois – most of them from Cook County – have been identified and overturned since 1989.

Illinois Man Exonerated After Years in Jail

Defendants in sexual assault cases are especially vulnerable to false convictions based solely on the testimony of an unreliable accuser. An Illinois appeals court recently looked at whether or not an accuser may challenge a defendant’s actual innocence even when the state concedes there was a wrongful conviction.

The defendant in this case was convicted of rape in 2004. Nine years later, prosecutors moved to reopen the case, vacate the defendant’s conviction, and release him from prison. An Illinois judge granted the state’s petition and later issued the defendant a “certificate of innocence.” Such certificates clear a defendant’s criminal record and allow him or her to seek compensation from the state for wrongful imprisonment.

Although prosecutors did not oppose the certificate of innocence, the original accuser did. She filed a separate petition to vacate the defendant’s certificate. The state and the defendant both objected to this petition on the grounds the accuser lacked standing. The courts agreed.

The Illinois First District Appellate Court said the law does not permit accusers to challenge a certificate of innocence. Only the state may do that. Additionally, while the law does afford “victims” of crimes certain rights in legal proceedings involving their attackers, the accuser here was “no longer a victim,” since the trial court vacated the defendant’s conviction.

One reason the accuser was apparently so determined to challenge the certificate of innocence is that she is now a defendant herself in a federal civil lawsuit filed by the man she accused of rape. The First District noted the defendant “is seeking to admit his Illinois certificate of innocence” as evidence in his civil case to prove the accuser’s “alleged lies.”

Avoiding the “Sex Crimes Offender” Label

Ideally, a defendant is not convicted based on false or insufficient evidence in the first place. This can be difficult in a sexual assault prosecutions, where prosecutors and juries tend to be more sympathetic towards accusers. Even in a case where the evidence is the accuser’s word against that of the defendant, a jury may take the easy way out and decide to convict.

A sex crimes conviction of any type is especially damaging to the defendant, who may have to register as a sex offender for the rest of his or her life. Even after serving a prison sentence, a person convicted of sex crimes may have difficulty finding housing or employment. The stigma attached to such convictions is quite real.

This is why if you are accused of a sex crime, you need to take the matter seriously. Your first call should be to an experienced Orland Park criminal defense lawyer who knows to how to defend such cases. Contact the Fotopoulos Law Office to schedule a consultation with an attorney right away.

Sources:

Exoneration News

Illinois Official Reports

What to Do if in a Car Accident With an Uninsured or Underinsured Driver?

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Getting into any type of car accident can be a very unpleasant experience. Depending on the situation, you could be facing extensive damage to your vehicle or even serious injuries to yourself or your passengers. If you are in an accident with a driver who is uninsured or underinsured, the complexity of your situation increases quite a bit. Every driver in the state of Illinois is required to have a certain amount of coverage for collisions that are their fault, but not every driver obeys that rule. According to a 2017 study from the Insurance Information Institute, around 13 percent of drivers in the United States did not have any type of car insurance. This can be problematic for everyone involved in an accident, especially if you are a victim.

Dealing With an Accident With an Uninsured Driver

Usually, when you are in a car accident, the insurance company of the driver who is found to be at fault pays for the costs associated with the accident. When you are in an accident with a driver who does not have insurance, it can become a problem when trying to get your own insurance company to pay for damages. Even if a driver does have insurance, they may not have the right amount of insurance or enough to cover the costs of the damages. If you have been in an accident with an uninsured or underinsured driver, here are a few things to keep in mind:

  1. You Should Immediately Call Emergency Services: Obviously, you should call 911 if anyone involved in the accident is seriously injured. However, it is always a good idea to call the police to the scene – even if there were no injuries – so that the accident can have an official record.
  2. Get the Other Driver’s Contact Information: If the motorist stops after the accident, you should ask them for their insurance information. They may or may not tell you if they have insurance, but even if they do not, you should get their contact information such as their name, address and phone number.
  3. Begin Gathering Evidence: This step can be crucial in any claim that involves an uninsured or underinsured motorist. You should collect as much evidence as you can when you are still at the scene of the accident. Try to take photos of any obvious injuries to yourself or others, any damage to your vehicles, their license plate number and vehicle, and the surrounding area.
  4. Consult with an Attorney Before Talking to Your Insurance Company: Before you contact your insurance company, you should contact an attorney. Your attorney will be able to provide you with all of the available options for obtaining compensation after your car accident, even if there was an uninsured or underinsured motorist involved.

Our Cook County Car Accident Injury Lawyers Can Help You Get the Compensation You Deserve

Getting into a car accident can be devastating, but things can be even more stressful when the other driver involved in the accident does not have insurance to cover your damages. At the Fotopoulos Law Office, we know how difficult it can be to obtain compensation for your injuries, even in situations in which the other driver does have insurance. Our skilled Tinley Park, IL, car accident injury attorneys will work with you and your insurance company to help you get the most out of your claim. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Facts + Statistics: Uninsured Motorists

Tips for Handling an Accident With an Uninsured Driver

Five-Step Guide to Handling an Accident with an Uninsured Driver

Important Things You Should Know About Carrying a Concealed Weapon in Illinois

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The right to own firearms is part of the Bill of Rights in the U.S. Constitution and cannot be taken away by the government. However, lawmakers in each state have the authority to make their own laws pertaining to the use, sale, distribution, and ownership of firearms and to legally restrict certain people from owning one. In Illinois, owning a firearm is legal and even carrying a concealed firearm can be legal. If you are a firearm owner, there are a few things you should know about carrying a concealed weapon in Illinois.

What is Concealed Carry in Illinois?

In Illinois, “concealed carry” refers to the legal ability for eligible individuals to carry a handgun, loaded or unloaded, on or about their person in a manner that is completely or mostly hidden from public view, or within a vehicle. This right was established with the passage of the Firearm Concealed Carry Act (Public Act 98-63) on July 9, 2013, making Illinois the last state in the nation to adopt such a law. Prior to this, carrying a loaded handgun in public was generally prohibited in Illinois.

The Firearm Concealed Carry Act

The Firearm Concealed Carry Act (FCCA) is the foundational law governing concealed carry in Illinois. It outlines the requirements for obtaining a Concealed Carry License (CCL), specifies where licensees can and cannot carry a concealed firearm, and details the responsibilities of a licensee. This act was a significant shift in Illinois’ gun laws, which had historically been very restrictive regarding public firearm possession.

The law defines a “handgun” for the purposes of concealed carry as any device designed to expel a projectile by explosion, gas expansion, or gas escape, and intended to be held and fired with a single hand. Importantly, it excludes stun guns, Tasers, machine guns, short-barreled rifles or shotguns, and certain low-velocity pneumatic, spring, paintball, or BB guns.

Who Can Get a Concealed Carry License in IL?

To obtain an Illinois Concealed Carry License, applicants must meet several strict criteria:

  • Age: Be at least 21 years old.
  • FOID Card: Possess a valid Illinois Firearm Owner’s Identification (FOID) card, or have applied for one. The FOID card is a prerequisite for owning firearms in Illinois.
  • Criminal Record: Not have been convicted of a felony in Illinois or any other jurisdiction.
  • Misdemeanor History: Not have been convicted or found guilty in Illinois or any other state of a misdemeanor involving the use or threat of physical force or violence to any person within the last five years.
  • DUI History: Not have two or more violations related to driving while under the influence of alcohol, other drugs, or intoxicating compounds within the last five years.
  • Legal Standing: Not be subject to a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm.
  • Mental Health: Not have been in a residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the past five years. Also, not have been adjudicated as a mental defective or ordered by a court for in-patient or out-patient mental health treatment.
  • Domestic Violence: Not have been convicted of domestic battery (felony or misdemeanor), aggravated domestic battery, or a substantially similar offense.
  • Drug Test: Not have failed a drug test for a drug for which the applicant did not have a prescription within the previous year.

The Application Process for Concealed Carry in Illinois

The process for obtaining an Illinois CCL involves several steps:

  1. Obtain a FOID Card: If you don’t already have one, you must first apply for an Illinois FOID card through the Illinois State Police (ISP) website. This requires providing personal information, a photograph, and a fee.
  2. Complete Training: Applicants must complete a 16-hour firearms training course provided by an ISP-approved instructor. This course covers firearm safety, the legal aspects of firearm ownership and use in Illinois, and a live-fire exercise. The live-fire component typically requires firing a minimum of 30 rounds, with 10 rounds each from distances of 5, 7, and 10 yards at an approved target.
  3. Submit Application: Once the training is complete, applicants can submit their CCL application online through the ISP website. The application requires uploading electronic copies of the training certificate(s), a recent headshot photograph, a valid driver’s license or state ID, and details of the last 10 years of residency.
  4. Fingerprints (Optional but Recommended): While not mandatory, submitting electronic fingerprints expedites the processing time for the application. If fingerprints are not provided, the ISP has an additional 30 days to process the application. Fingerprints are taken by approved vendors, and applicants receive a Transaction Control Number (TCN) to include with their application.
  5. Review and Issuance: The ISP reviews the application and conducts background checks. If no objections are raised by law enforcement agencies (which have 30 days to object based on reasonable suspicion that the applicant poses a danger), and all requirements are met, the license is typically issued within 90 days (120 days without fingerprints). The CCL is valid for five years.

Licensee Responsibilities

Illinois CCL holders have specific responsibilities when carrying a concealed firearm:

  • License Possession: The licensee must possess their CCL at all times while carrying a concealed firearm, unless on their own land, in their abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person with their permission.
  • Disclosure to Law Enforcement: Upon the request of a law enforcement officer during a traffic stop or investigative stop, the licensee must disclose that they are in possession of a concealed firearm, present their CCL, and identify the location of the firearm.
  • No Impairment: Licensees are not allowed to carry a concealed firearm while under the influence of alcohol, drugs (both legal and illegal), or any combination of drugs and alcohol.

Reciprocity with Other States

Illinois has strict rules regarding reciprocity with other states’ concealed carry permits. Generally, Illinois does not honor concealed carry permits from other states. This means that an individual with a valid concealed carry permit from another state may not lawfully carry a concealed handgun on their person in Illinois unless they obtain an Illinois CCL.

However, non-residents with an out-of-state CCL are permitted to transport a weapon through Illinois within a vehicle, provided the weapon remains within the vehicle and out of plain sight. If the vehicle is unattended, the firearm must be stored in a locked vehicle or locked container within the vehicle.

Non-residents who wish to carry a concealed firearm on their person must apply for and be issued an Illinois concealed carry license, which requires meeting the same requirements as Illinois residents, and the laws of their home state regarding firearm ownership, possession, and carrying must be “substantially similar” to Illinois’ requirements.

There are Certain Places You Cannot Carry a Concealed Weapon

Even though you are permitted to carry a concealed weapon once you have received your CCL, there are still certain places that you are prohibited from carrying a concealed weapon by Illinois law, including:

  • Schools, colleges, universities, and child-care facilities
  • City, county, and state government offices and related facilities
  • Hospitals and nursing homes
  • Public transportation and their related facilities
  • Bars and other establishments that mostly serve alcohol
  • Public playgrounds and parks
  • Casinos and racetracks
  • Stadiums and other facilities used for sporting events
  • Public libraries, amusement parks, zoos and museums
  • Areas where firearms are prohibited under federal law
  • Businesses and other properties that have “no firearms” signs posted

A Will County Weapons Charges Defense Attorney has the Knowledge You Need for Your Case

Any weapons charges you may be facing are serious; there is no such thing as a small weapons charge, especially when it comes to carrying a concealed weapon. At the Fotopoulos Law Office, we understand the gravity of weapons charges and will fight to protect your future. With more than 15 years of experience defending clients from various criminal charges, our skilled Joliet, IL, weapons charges defense lawyer can help you with your case. To schedule a free consultation, call us today at 708-942-8400.

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