For as long as government-issued identification cards have been around, fake IDs are sure to have also existed. Added security measures and other changes are constantly being made to ID cards in an effort to combat fraudulent or fake IDs, but that still does not stop some people from attempting to make them. Many times, crimes involving fake IDs are perpetrated by juveniles who are using the card for things such as purchasing alcohol. Some fake ID cards are nearly undetectable, but using one and getting caught can mean you will face quite a bit of trouble with the law.

Penalties for Crimes Involving Fake IDs

Illinois has strict laws and rather serious consequences when it comes to crimes involving fake IDs. Not only can you face criminal charges and penalties for the use, possession, manufacture and/or distribution of fake IDs, but you can also risk having your driving privileges taken away. The Secretary of State has the authority to suspend your driving privileges for up to one year or revoke your driving privileges for at least a year if you are caught violating laws concerning fake IDs.

You can be charged with a Class A misdemeanor if you are caught doing the following:

• Lending your driver’s license or state ID to someone;
• Displaying a license as if it was your own when it was issued to another person;
• Possessing a driver’s license or ID card that contains false information that was provided to a government office;
• Possessing or providing any type of identification document in order to obtain a fake ID; or
• Altering or attempting to alter a state ID or driver’s license.

In Illinois, Class A misdemeanors can result in up to one year in jail and up to $2,500 in fines. Any subsequent offense is classified as a Class 4 felony.

You can be charged with a Class 4 felony if you do the following:

• Possess a fraudulent ID or driver’s license, with fraudulent meaning the ID was produced by someone other than the government;
• Possess the equipment used to reproduce a government-issued ID or driver’s license; or
• Manufacture, distribute or sell a fraudulent license or ID.

Class 4 felony convictions carry a sentence of one to three years in prison and as much as $25,000 in fines. A subsequent conviction would result in a Class 3 felony.

Talk to an Orland Park, IL, Juvenile Crimes Defense Lawyer Today

Most often, crimes involving the use or possession of a fake ID are perpetrated by juveniles who are trying to appear older than they actually are. If your child has gotten into trouble because of a fake ID, you need help from a Cook County juvenile crimes defense attorney. At the Fotopoulos Law Office, we understand how difficult it can be to hear that your child has gotten into trouble with the law. Contact our team today by calling 708-942-8400 to schedule a free consultation.

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Laws and Penalties for Underage Drinking

The most basic principle of the criminal justice system in Illinois is the presumption of innocence. Whether you are charged with a DUI, sexual assault, or murder, state law provides that “[e]very person is presumed innocent until proved guilty.” In any criminal trial, the burden is therefore on the prosecution to establish the defendant’s guilt beyond a “reasonable doubt.”

Can You Be Punished for “Taking the Fifth”?

It is important to understand how the burden of proof works in a criminal trial. If you are accused of a crime, you are not obligated to present any evidence in your defense. Of course, it may benefit you to do so, depending on the circumstances of the case. But at no point can a judge or jury demand that you “prove” you did not commit a crime. Aside from the fact it is difficult to prove a negative, it violates the plain language of Illinois law, which presumes the defendant’s innocence.

Among other things, the presumption of innocence means that a judge or jury cannot infer your guilt based on your refusal to testify at trial. You are no doubt familiar with the phrase “Taking the Fifth,” a reference to the Fifth Amendment to the U.S. Constitution. This amendment states, in part, that no person “shall be compelled in any criminal case to be a witness against himself.” In other words, you do not have to say anything at your own trial.

Bad Jury Instruction Leads to New Trial

Illinois trial court judges have a legal responsibility to make sure that all jurors understand and apply the presumption of innocence. State court rules explicitly state that a judge must ask potential jurors if they “understand and accept” the presumption of innocence and agree not to hold a defendant’s refusal to testify against him or her.

If a judge does not give such an instruction, it may be grounds for reversing a conviction. The Illinois Supreme Court did just that in a recent case. A jury in La Salle County convicted the defendant of “resisting a peace officer,” a felony for which he received a two-year prison sentence. Specifically, prosecutors alleged the defendant poked a sheriff’s deputy in the shoulder during a confrontation at the defendant’s house. The deputy was attempting to serve a court order, and he testified that the defendant was “uncooperative and upset.” The trial ultimately came down to the testimony of the sheriff’s deputy and his partners against that of the defendant and his family.

While screening prospective jurors, the trial judge asked them if they “had any problems” with or “believed” in the presumption of innocence. The Illinois Supreme Court said that was a mistake. The judge was supposed to ask if the jurors if they “understand and accept” the presumption of innocence, not whether they agreed with it.

By itself, the trial judge’s mistake would not warrant reversing the defendant’s conviction. But it did here because, as the Supreme Court explained, the “evidence was so closely balanced” that the error “severely threatened to tip the scales of justice.” To be clear, the Supreme Court did not find the jury was biased, i.e. that it ignored the presumption of innocence. But, given the judge’s mistake and the fact the case came down to which side the jury believed, the Court said it chose to “err on the side of fairness” and grant the defendant a new trial.

Get Help From an Illinois Criminal Defense Attorney

The presumption of innocence is not a legal technicality. It is an essential means of ensuring your right to due process under law. A qualified Orland Park criminal defense lawyer will make sure the courts respect your basic constitutional rights. Contact the Fotopoulos Law Office, today if you have been charged with a crime and need immediate legal assistance.

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Illinois Compiled Statutes

Rule 431. Voir Dire Examination

Our brain is one of our most vital organs – it controls nearly everything our body does and how it operates. Though it is vital, it is also one of the most fragile organs. Even a small jolt or bump could cause damage to your brain. One of the most notorious causes of traumatic brain injuries (TBI) is car accidents. According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are responsible for 20 percent of all TBI-related hospitalizations. If you or a loved one has suffered a TBI as a result of the negligence of another driver, you should speak with a personal injury lawyer about your options for compensation.

Symptoms of a TBI

A traumatic brain injury is usually the result of a violent blow or harsh force to the head or body. TBIs are usually put into different categories based on severity. The most common type of TBI that occurs from traffic accidents is called a concussion. Concussions occur when a person’s brain hits the sides of their skull and are usually mild to moderate in nature. Symptoms that could appear from a mild to moderate TBI include:

• Being dazed, confused or disoriented
• Headache
• Nausea and/or vomiting
• Fatigue
• Problems with sleeping, balance and/or speech

Possible Complications of a TBI

In some cases, complications could arise from a TBI or a TBI could be severe. In most moderate to severe TBIs, more serious symptoms appear a few days after the initial symptoms of a mild TBI. Symptoms of a severe TBI could include:

• Loss of consciousness for more than a few minutes
• Persistent headache
• Convulsions or seizures
• Clear fluid drainage from the nose and/or ears
• Loss of coordination
• Confusion, agitation, combativeness or other abnormal behavior

Recovering Compensation

Brain injuries are some of the most serious injuries that could occur from a car accident. In some cases, a brain injury could cause you to take time off of work, missing out on much-needed wages. You could also be responsible for thousands of dollars of medical costs for doctor’s visits, surgeries, medication or even continuing care for a long-term injury. If your car accident was caused by a negligent driver, you may be able to recover compensation for these things.

Consult With an Orland Park, IL, Car Accident Injury Attorney Today

There are many different types of injuries that you could experience if you are in a car accident. One of the more common injuries that could occur is a TBI such as a concussion. In some cases, a TBI could become serious and could affect you for the rest of your life. At theFotopoulos Law Office, we can help you fight for compensation for your injuries caused by a negligent driver. To schedule a free consultation, call our skilled Cook County car accident injury lawyers today at 708-942-8400.

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TBI: Get the Facts

Traumatic Brain Injury

Though speeding may seem like a victimless crime, nothing could be further from the truth. According to the National Highway Traffic Safety Administration, there were almost 10,000 people who were killed because of speed-related traffic accidents in 2017. Millions of people each year receive citations for speeding, but there are certain instances in which speeding can become more than just a ticket and a fine that you must pay. In the state of Illinois, aggravated speeding is a crime that can result in misdemeanor charges against you.

What is Aggravated Speeding?

According to Illinois law, aggravated speeding is considered to be any speeding that is 26 miles per hour or more over the posted speed limit. If you are speeding 25 mph or less over the speed limit, you will only receive a ticket and you will not face criminal charges, such as these.

• Class B misdemeanor aggravated speeding: You will be charged with a Class B misdemeanor if you are caught going 26 mph or more over the speed limit, but less than 35 mph over the limit. You could face up to six months in prison, up to two years of probation and/or between $75 and $1,500 in fines.
• Class A misdemeanor aggravated speeding: If you are caught speeding 35 mph or more over the speed limit, you will be charged with a Class A misdemeanor. You could face up to one year in prison, up to two years of probation and/or between $75 and $2,500 in fines.

Jail Time for a Speeding Conviction?

It is within the applicable sentencing guidelines for a judge to sentence you to prison for an aggravated speeding conviction. However, this is rather uncommon. Illinois judges tend to sentence those convicted of aggravated speeding to a period of court supervision, especially if this is the first time a person has ever faced aggravated speeding charges. Court supervision is a rather lenient sentence that allows the charges to be dropped if you do not commit any other traffic violations during the supervisory period. This allows the person to avoid a conviction from appearing on their criminal and driving records.

A Cook County Aggravated Speeding Lawyer Can Answer Your Questions

Being charged with aggravated speeding is a serious matter. A conviction is a misdemeanor crime, and you will then have a criminal record. If you are facing charges for aggravated speeding, you need help from a knowledgeable Tinley Park, IL, aggravated speeding attorney right away. At the Fotopoulos Law Office, we strive to always get you the best outcome possible. Call our office today at 708-942-8400 to schedule a free consultation.

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Illinois Compiled Statutes

Speeding

DUI does not just refer to drunk driving. It is against Illinois law to operate a motor vehicle under the influence of any drug, legal or illegal. However, police must have reasonable grounds to believe that you are actually under the influence of drugs.

Officer Lacked “Probable Cause” Based on Questionable Drug Test

This can be a problem when an officer lacks appropriate training and simply jumps to the conclusion that a driver was using drugs without adequate proof. Given that a drug arrest can not only lead to a criminal charge, but also carries a “civil penalty” in the form of an automatic driver’s license suspension, such mistakes can be devastating to innocent individuals.

Consider a recent Illinois case. In September 2015, a police officer for a small village outside of Joliet received a call reporting “an unconscious person in a vehicle who was possibly having a seizure.” Upon arriving at the scene, the officer found the person – the defendant in this case – under the care of paramedics.

The officer, who had no formal drug training of any kind, saw a discarded energy drink can inside the defendant’s car. The officer said the can “had been either cut or tore in half” and there were burn marks in the interior. The officer said there was also some brown “residue” on the bottom of the can. He tested the residue using a roadside testing kit designed to detect cocaine.

This was the first time the officer ever performed such a test. The residue turned the test device blue, which he was told “indicated the presence of opiates.” Cocaine, however, is not an opiate.

The officer never conducted any field sobriety tests on the defendant himself. Instead, the officer spoke with paramedics about the defendant’s condition. While the paramedics said there was no evidence of intoxication, they did note he had a “fresh track mark” on his arm, indicating the recent use of a needle. The officer later placed the defendant under arrest at the hospital.

The arrest led to an automatic suspension of the defendant’s driver’s license. He challenged the suspension, arguing the officer lacked “probable cause” for the arrest. The defendant said he was a diabetic, and the track marks were the result of his insulin injections.

The courts agreed with the defendant. The Illinois Third District Appellate Court, upholding a trial judge’s earlier ruling, said there was no evidence the defendant was actually “under the influence” of drugs at the time of his arrest. The court noted the officer’s admission that “he had no training in DUI of drugs,” and the defendant’s uncontested statement that he is a diabetic. Indeed, the court noted the officer “would not have known the difference between a diabetic reaction and a reaction to drugs.”

Fighting an Illinois DUI Charge

It is important to note that suspension of a driver’s license and criminal DUI are separate proceedings under Illinois law. You can be found guilty of one but not the other. This is one reason why you should work with an experienced Orland Park DUI defense attorney. Contact the Fotopoulos Law Office, P.C, today if you have been charged with a DUI and need help right away.