Lindsay Malitz October 18, 2019 Uncategorized 0
Do you have a marijuana conviction? Under Illinois’ new marijuana law, it could be wiped out.
Automatic expungement
If you have an arrest on your record for handling 30 grams or less of weed, but you were never convicted.
Under the law, you don’t have to do anything to have your record expunged if you’ve been arrested for carrying a little less than an ounce of weed. The Illinois State Police will expunge it automatically. That means your weed record will no longer show up on background checks or be accessible to law enforcement. But the process could take a while — up …
Lindsay Malitz August 12, 2019 Traffic & DUI 0
If you’re using your cell phone, texting, or another electronic communication device while driving right now, you’re in violation of Illinois law.
According to the National Safety Council, cell phone use while driving leads to 1.6 million crashes annually. A person may not operate a motor vehicle on an Illinois roadway while using an electronic communication device. Illinois law defines an electronic communication device as including cellular phones, hand-held personal digital assistants, a portable or mobile computer, but does not include a GPS or navigation system or a device that is physically a part of the motor vehicle.
While previously illegal in …
Lindsay Malitz June 17, 2019 Uncategorized 0
Many Americans have heard a fake or real police officer reading someone his or her Miranda rights. It could have been either from movies and TV or from hearing it in-person. If you are still not familiar, Miranda rights begin with an officer saying, “You have the right to remain silent.”
Here is a brief explanation if you don’t know what Miranda warning rights are or how they can protect you.
What exactly are Miranda rights?
The Supreme Court established Miranda warnings in 1966. When the police take a person into custody, they must be …
Lindsay Malitz January 10, 2019 Traffic & DUI 0
In Illinois, it is unlawful for a person to be driving OR in actual physical control of a motor vehicle while under the influence.
Under Illinois law, the phrase “actual physical control” means that a person was in the vehicle with the ignition key and able to exercise physical control over the vehicle by starting the engine and causing the vehicle to move. It is not necessary that you be actually driving the vehicle.
This means if you are in your car and have the “ability” to start the car and cause it to move, you can be charged …
Lindsay Malitz January 3, 2019 Traffic & DUI 0
Starting July 1, 2019 drivers caught texting will be issued a moving violation that will go on their driving record. Three or more moving violation convictions within a 12 month period may result in license suspension. Anyone convicted of three moving violations in a 12-month period may have their license suspended.
Under the current law, a first offense for texting while driving is a non-moving violation and doesn’t affect a person’s driving record.
Lindsay Malitz January 3, 2019 Criminal Defense 0
If you’re like many people with a criminal history, even if it is a single arrest, you may have noticed that your past is holding you back. Having a criminal record can prevent you from:
The good news is that you may be eligible to expunge your criminal record and get a fresh start.
What Does It Mean to Expunge a Criminal Record?
Expunging a criminal record means the arresting agency removes any trace that you were in their system. It will appear as if you were …
Information obtained at this site is not nor is intended to be legal advice. You should consult an attorney for advice regarding your individual situation. Contacting the Law Office of Lindsay M. Malitz does not create an attorney client relationship.