Note: This article has been updated to reflect the law as of 2020. 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 the defendant to prison, period imprisonment (such…

Note: This article has been updated to reflect the law as of 2020. The misdemeanor sentencing structure is governed by 730 ILCS 5/5-4.5-55. The last change to the statute became effective on July 1,2019. All criminal charges in the state of Illinois fall generally into two categories: felony and misdemeanor. The distinction between felony and misdemeanor is that a felony offense has a possible sentence of one year or more imprisonment, whereas a misdemeanor is…

Drug trafficking involves the transportation of illegal drugs and other controlled substances into the State of Illinois. Given the potential dangers involved with this type of enterprise, the Illinois Criminal Code imposes severe punishment for drug trafficking crimes. To understand the boundaries of it will be helpful to first review the Illinois laws against and penalties for drug distribution. What are the Illinois Laws Against Drug Distribution? Illinois law under 720 ILCS 570/401 makes it…

NOTE: This article includes additional content to describe new Illinois law after passage of Public Act 101-0173. Since its effective date of January 1, 2020, this Act adjusted the penalty structure for drivers who violate Scott’s Law (625 ILCS 5/11-907). How many moving violations can I get before my license is suspended in Illinois? The law in Illinois provides that drivers who are younger than 21 years old will have their licenses suspended for two or…

NOTE: The following page features updated material to account for Public Act 101-0173 and corresponding Illinois legal changes. Since January 1, 2020, this Act escalated the punishment for violations of 625 ILCS 5/11-907, more commonly referred to as Scott’s Law. Illinois law requires all drivers to yield to emergency vehicles on the side of the road. This law is called “Scott’s Law” in honor of Chicago Fire Department Lt. Scott Gillen, who was killed by…

NOTE: This article contains new content to reflect Illinois law after Public Act 101-0172 became effective on January 1, 2020. Since that date, this Act increased the penalties for traffic offenses committed in highway construction or maintenance zones (625 ILCS 5/11-908). Street racing is a criminal offense in the Illinois Vehicle Code with very serious penalties. The law is 625 ILCS 5/11-506, and it prohibits any person from engaging in street racing on any…

NOTE: The following content was refreshed to demonstrate 2020 changes to Illinois law with passage of Public Act 101-027. On the first day of the year, this Act officially legalized the use and possession of marijuana for recreational use and updated intoxication standards accordingly. Defendants who are charged with driving under the influence (DUI) under Section 11-501 of the Illinois Vehicle Code will almost always benefit from reducing the charge to reckless driving under Section…