Criminal Law Changes Coming in 2016

 Posted on December 24, 2015 in Criminal Defense

The Illinois State Legislature has had a busy 2015. There have been several criminal law changes that are scheduled to take effect January 1, 2016. Many of these changes work in the favor of criminal defendants.

Aggravated Speeding

Illinois is still fine-tuning its aggravated speeding law. Currently, if you are driving faster than 26 miles per hour over the speed limit, but less than 35 miles per hour of the speed limit, you can be convicted of a Class B misdemeanor. The current maximum penalty is six months in jail and a $2,500 fine. You are also left with a criminal record.

The new law has given judges the ability to sentence defendants guilty of this Class B misdemeanor to Court Supervision. This means that the defendant will have to report to the court regularly and meet other requirements, including not getting into any more trouble, for a period of time. If the defendant complies the charges are dismissed after the period of supervision is over. When Court Supervision is successfully completed, there is no criminal conviction.

DUI

Due to the success of the existing Breath Alcohol Ignition Interlock Device (BAIID) program, the legislature is removing many of the waiting periods DUI offenders used to have to endure before getting a hardship permit.

 If you have been convicted of two DUIs, you will no longer have to wait three years before applying for a Restricted Driving Permit. You will need to obey the Restricted Driving Permit regulations for five years, including driving with a BAIID before you can apply to have your license reinstated.

Juvenile Transfers to Adult Court

New limits have been put of the automatic transfer of juveniles to adult court. A case will now only be automatically transferred if the defendant is 16 or 17 years old and is charged with murder, aggravated sexual assault, or aggravated battery with a firearm.

Other juvenile defendants can still be transferred to adult court upon the request of the prosecutor. A juvenile judge must agree after a hearing and a careful review of all of the circumstances. But, most cases will no longer be automatically transferred.

If you have been charged with a crime, you need legal help right away. Speak with a tough and experienced Rolling Meadows criminal defense lawyer. Call today to schedule a consultation. Do not speak with anyone about your case until you have consulted with a skilled attorney. Your freedom may depend on it.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601.5