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When Is a DUI a Felony in Joliet, IL?
Facing a basic first-time DUI charge in Illinois is stressful enough, but many drivers do not realize that a DUI can escalate from a misdemeanor to a felony under certain circumstances. In Illinois, the difference between a misdemeanor and a felony DUI is not just a matter of severity. It can change the course of your life.
Fortunately, you have options and with an experienced local Will County, IL felony DUI defense lawyer, you can work to protect your future. Call Law Office of Eric J. Blatti, P.C. today to go over your case and take the next steps.
What Turns a DUI Into a Felony in Illinois?
Most first-time DUI offenses in Illinois are classified as misdemeanors. However, under Illinois law (625 ILCS 5/11-501), certain factors automatically elevate a DUI to a felony, referred to as aggravated DUI.
Double Jeopardy: Facing Firearm and Drug Charges in Illinois
Federal agents raided a home in the suburb of Frankfort, IL, last week, charging the owner of the home and his girlfriend (who lived across the street in an apartment) with running a massive fentanyl and cocaine operation. In addition to the home, the man’s storage unit in Alsip was raided. Drugs, weapons, and cash were found in the storage unit. The complaint stated that the girlfriend’s apartment was being used as a drug lab.
After suspicions that the two were running a drug operation, a hidden camera was set up in a flowerpot outside the woman’s third-floor apartment. At one point, the man left the apartment with a comforter that contained 1.5 kilograms of fentanyl and 850 grams of cocaine. A cache of firearms was also found with money and drugs at the man’s house. In the state of Illinois, facing a drug offense or a firearm offense is serious, but both charges together significantly escalate the legal penalties.
What Are the Consequences of a Hate Crime Enhancement?
An Anti-Defamation League news report found that hate and extremism incidents are up across the entire state. These incidents include actual hate crimes as well as intimidation, largely against LGBTQ, Black, Muslim, Jewish, and immigrant populations. For example, between 2020 and 2023, there were 23 hate-related incidents in Peoria County, although only one was considered an actual hate crime.
Under the Illinois Statute, a hate crime is defined as a crime committed because of another person’s "race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin." All hate crimes have an underlying basis of holding a preconceived, negative opinion about an entire group of people, yet not every incidence of bias can be charged as a hate crime.
Have You Been Charged with an Illinois Gang-Related Offense?
In January of this year, a Springfield, IL man was sentenced federally to 180 months in prison, followed by 10 years of supervised release for his role in a widespread drug conspiracy that involved the Boss Playas, a local street gang. Under the Illinois enhancement of penalties for gang-related crimes, the man could have potentially received life in prison.
In 2023, Chicago gangs were suspected of being behind 1,808 crimes reported across the city, with more than one in five homicides being attributed to gang activity. Gang-related offenses in the state can have exceptionally severe penalties that can impact your life for a very long time. Under 720 ILCS 5/25-1, a person commits a gang-related offense when he or she actively participates in, aids, or abets the commission of a crime by a criminal street gang.
Defending False Allegations of Sexual Assault
When an individual alleges he or she has been sexually assaulted, unless there is evidence to the contrary, it is assumed to be a truthful allegation. And in most cases, allegations of sexual assault are truthful. There are instances, however, where false allegations are made for revenge, as a means of "getting even," by someone who regrets he or she agreed to a sexual encounter or to gain the upper hand in a divorce or child custody case.
While there are no absolute numbers regarding how many allegations of sexual assault are less than truthful, it is estimated that between 2 and 8 percent of sexual assault allegations are false. In one study done at a major Northeastern university over a 10-year period, it was determined that almost 6 percent of the allegations of sexual assault were false, and in a study done by the Los Angeles Police Department, the rate of false sexual assault allegations was about 4.5 percent.
Defense Strategies for Bail Bond Violations
If you were arrested and charged with a crime, then depending on the severity of the crime, you may have posted bail or bond so that you would not have to remain in jail until your trial. After paying the bond fee to a bail bondsman (usually 10 percent of the total bail set), you were likely given a list of requirements. These requirements might have included:
- Travel restrictions
- Curfews
- Appearing for court as required
- Drug and alcohol testing
- No consumption of drugs or alcohol
- No possession of weapons
- No commission of additional criminal offenses
- Staying away from prohibited contacts
Bail bond violations of any of your specific conditions – that the court finds out about – can create additional legal difficulties for you. It is important that you always work with a reputable bail bondsman, as well as an experienced Joliet, IL criminal defense attorney.
Do Automated License Plate Readers Reduce Traffic Violations?
Not only have Interstate shootings in Illinois fallen for the third year in a row - down 31 percent in 2024 over 2023 – but almost a quarter of all stolen vehicles were recovered in 2024. Add to this a 3 percent increase in the number of firearms seized in 2024 over 2023, and you can see that the state is decreasing crimes committed by drivers.
Illinois State Police have credited their air operations and automated license plate readers for improving the safety of the roadways and reducing traffic violations. The most impressive statistic is the drop in Interstate shootings, especially when comparing the 89 Interstate shootings in 2024 to the 310 in 2021. Fatal crashes also decreased in 2024, perhaps related to the fact that Air Ops teams now help track those who flee from police by limiting the number of high-speed chases.
How Serious is Aggravated Discharge of a Weapon in Illinois?
Nine months after bullets in a drive-by shooting in Joliet struck a home in December 2023, the alleged suspect in the shooting was arrested. A 19-year-old was taken to the Will County Jail on charges of aggravated discharge of a weapon, defacing a gun, and possession of a gun without a FOID card.
Spent shell casings were recovered from the street at the time of the shooting, and later the same day, the vehicle believed to be used in the shooting was located. While the suspect arrested was originally identified as a person of interest at the time of the shooting, no arrest warrant was obtained until September 2024.
Gun charges in the state of Illinois can have very harsh penalties. If you are facing any type of Illinois weapons charge, speaking to an experienced Joliet, IL criminal defense attorney can be beneficial.
What Are the Most Common Gun Charges in Illinois?
The most common gun charges in the state include:
Illinois High Rate of Wrongful Convictions Prompts Changes
A Conviction Integrity Unit has recently been launched in Illinois to investigate potential wrongful convictions. An examination of the Illinois criminal justice system shows that hundreds of people have spent time in prison since the late 1980s in cases where there was insufficient evidence of guilt – a fact criminal defense attorneys are well aware of. Of the 538 people imprisoned in the state for crimes where there was not enough evidence to convict, 71 percent of those occurred in the past ten years.
Almost half of these exonerations in Illinois were for murder. It is theorized that police and other official misconduct had a disproportionate impact on wrongful convictions in the state, particularly in and around the Chicago area. The National Registry of Exoneration shows that those wrongfully convicted in Illinois lose about eight years of their lives, on average. Illinois Attorney General Kwame Raoul is behind the new statewide effort to prevent wrongful convictions.
Illinois Self-Defense Laws May Be Different Than You Think
While we all have a right to defend ourselves when threatened with injury or harm, it is important that you understand the legal grounds for using force – particularly excessive force – in these circumstances. If you do not have a good understanding of Illinois self-defense laws, you could find your future and your freedom in jeopardy. Self-defense is certainly a justification in many situations, but the self-defense laws in the state may not be what you think they are.
A core aspect of self-defense in Illinois is the principle of "reasonableness." This means that given the same set of circumstances, an average person in the same situation would consider your use of force reasonable. This objective standard is meant to ensure the use of force is justified. If you have been charged with a criminal offense after using self-defense in a situation that made you believe it was necessary, you need experienced legal assistance. A Joliet, IL criminal defense attorney from the Law Office of Eric J. Blatti, P.C. can help ensure you receive a strong defense.
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