INFRACTIONS, MISDEMEANORS AND FELONIES

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Monday, October 12, 2015.

Illinois residents may wonder how an infraction differs from a misdemeanor or felony. An infraction is generally a minor offense like speeding. It is usually punishable by a fine. However, individuals who repeatedly ignore fines for infractions may face more serious repercussions.

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UNDERSTANDING MORE ABOUT TRAFFIC MISDEMEANORS

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Tuesday, November 10, 2015.

Illinois motorists may want to learn about the effects that traffic misdemeanors can have against them. Traffic infractions may be considered misdemeanor offenses if the incident results in the destruction of property, a personal injury, or if it causes a real threat of personal injury or destruction to property. The violation may already be classified as a misdemeanor or felony from the outset. A misdemeanor offense can be elevated to a felony offense once someone is injured or property is destroyed.

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SHOPLIFTING LAWS IN ILLINOIS

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Thursday, December 31, 2015.

When people think of shoplifting, they normally associate it with of theft. While the two can sometimes be basically the same, it is important to note that some laws draw a distinction between the two. While theft is generally defined as a person knowingly taking something from an individual with the intention of depriving the owner of the property in question, shoplifting may not necessarily require that merchandise even leave a store. Illinois has a separate statute that covers it under the category of retail theft.

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SOME VEHICLES GET TICKETS MORE OFTEN THAN OTHERS

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Wednesday, February 24, 2016.

A misdemeanor like a traffic offense can ruin anyone’s day, but motorists with certain vehicles are more likely to attract the attention of law enforcement authorities than others. For example, one study found that Lexus ES 300 and Nissan 350Z models have the highest percentages for tickets. Illinois residents might like to know about the cars that got pulled over the most and least.

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CONSEQUENCES FOR NOT HAVING A LICENSE IN ILLINOIS

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Tuesday, March 22, 2016.

It is illegal to drive without a license in all 50 states. In some cases, a driver may face a penalty for failure to show proof of having a valid driver’s license even if he or she has one. An individual may also be cited for driving on a suspended, revoked or expired license. Penalties may range from having to repair a part on the vehicle to having the car impounded or even facing jail time.

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AN ILLINOIS SPEEDING TICKET CAN HAVE HUGE COSTS

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Monday, April 11, 2016.

Although a speeding ticket creates an immediate financial inconvenience in the form of the associated fine, this amount can pale in comparison to the long-term cost. An insurance increase is not unusual for an individual who has had an infraction, but in Illinois, a ticket for 15 miles per hour in excess of the speed limit can be less expensive than the insurance hike that will follow. Further, that increase can be expected to last for at least five years.

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AN UNDERSTANDING OF ASSAULT AND BATTERY

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Friday, June 24, 2016.

Although the issues of both assault and battery tend to be interlinked in lay terms, the two are actually distinct but closely related actions. Because the two types of offenses are so closely linked, there are states that combine them into a single offense category. Illinois residents should understand that both offenses involve actions that are offensive and that are usually intentional as well as harmful.

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PENALTIES FOR TRAFFIC VIOLATIONS IN ILLINOIS

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Thursday, August 18, 2016.

Getting traffic tickets in Illinois is more than just an annoyance. Traffic tickets may result in substantial fines, the accumulation of points and higher insurance rates. Some traffic offenses may also result in jail sentences. People who accumulate too many points against their license may also face a suspension of their driving privileges.

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DEFINING ASSAULT AND BATTERY

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Thursday, May 18, 2017.

In the state of illinois, a prosecutor may charge a person with both assault and battery despite the fact that the two crimes may be closely related. The state defines assault as conduct that could cause fear of being subject to physical harm. To prove a charge of battery, a prosecutor must show that there was contact that resulted in bodily harm. It may also be established that unwanted physical contact took place.

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WHAT HAPPENS WHEN CAUGHT DRIVING WITHOUT A LICENSE

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Thursday, December 7, 2017.

illinois residents who drive without a license may be committing a crime. Not being able to present proof of having a driver’s license may also be a violation of the law. Common violations of driver’s license requirements include failing to get one for the state in which a person lives as well as driving on an expired license.

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ILLINOIS POLICE DEPARTMENT TARGETS GRAB-AND-RUN CRIMES

On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Misdemeanors on Thursday, December 21, 2017.

Black Friday is the traditional start of the busy holiday shopping period in illinois and around the country, and both retailers and law enforcement agencies generally put more resources into combating shoplifting and grab-and-run crimes at this time of year. While shoplifters usually act covertly and seek to escape stores undetected, grab-and-run criminals simply gather as much merchandise as they can while in full view and attempt to flee the scene. The Fairview Heights Police Department announced in a Facebook post that undercover officers would be dispatched to the St. Clair Square Mall to apprehend those committing grab-and-run crimes, but several individuals appear to have missed this message.

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PRE-TRIAL DIVERSION PROGRAM – KENT LAW, LLC

On behalf of Martin & Kent, L.L.C. posted in News on Tuesday, January 28, 2014.

What is the Pre-Trial Diversion Program?

PreTrialDiversion-1000-ffccccccTransparent-3333-0.20.3-1.pngThe Pre-Trial Diversion Program offers eligible first-time, non-violent felony offenders who, in exchange for accepting responsibility for their criminal conduct, have the opportunity to keep a conviction from being permanently entered on their record for certain misdemeanors and felonies.

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BIG WIN FOR GUN RIGHTS ADVOCATES – COURT BACKS CONCEALED GUN

On behalf of Martin & Kent, L.L.C. posted in News on Wednesday, February 12, 2014.

court-1000-ffccccccTransparent-3333-0.20.3-1.pngIn a significant win for gun-rights advocates, a federal appeals court in San Francisco on Thursday ruled that the Second Amendment gives people the right to carry a gun outside the home for self-defense.The 2-1 decision by a panel of the Ninth U.S. Circuit Court of Appeals struck down a San Diego County policy requiring residents to show a “pressing need” in order to get a permit to carry weapons in public. The judges found that in order to receive a permit, a person need only show a desire to defend himself outside the home.The ruling, which covers California and other Western states, adds to a chorus of conflicting judicial opinions from around the country in recent years on the issue of whether-and when-people can carry firearms outside the home.

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ISRA CHALLENGES FIREARMS PURCHASE ORDINANCE IN PEORIA

On behalf of Martin & Kent, L.L.C. posted in News on Tuesday, August 26, 2014.

An ordinance in Peoria requires anyone purchasing a concealable firearm to submit a certificate, including their right thumbprint and signature, to the police department. This certificate must be completed within 24 hours, and it includes many questions that are also present in the mandatory background check.

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Cannabis Insight: 7 Critical Medical Guidelines to Watch in 2024

On behalf of Martin & Kent, L.L.C. posted in News on Thursday, September 11, 2014.

Illinois legislation has taken effort to create the toughest medical marijuana laws in the nation. The law allowing the use of medical cannabis was signed by the governor in 2013 and took effect on January 1st, but actual implementation of the program has yet to take place. This is largely due to the fact that until recently, the rules have been under work by four different government agencies.

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NEW LAW MAY ALLOW DRIVERS TO KEEP LICENSE AFTER TRAFFIC STOP

On behalf of Martin & Kent, L.L.C. posted in News on Thursday, October 9, 2014.

In the past, a police officer could hold on to your driver’s license, even after minor traffic stops, until the case is resolved. This is set to change once Gov. Pat Quinn signs a new measure which would allow those pulled over for minor stops to hold on to their licenses. This allows them more ease when seeking to cash a check or perform anything which requires identification. It also cuts back on further complications, expenses, and other challenges that license collections brought.

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