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Recent Blog Posts
The Importance of Miranda Rights in Criminal Cases
In 1966, the Supreme Court case Arizona v. Miranda established that suspects taken into police custody to be questioned must be informed of their constitutional rights against self-incrimination. In the case, Ernesto Miranda was taken into custody for kidnapping and rape charges and confessed to them before he was told he had the right to an attorney and the right to remain silent. The case was taken to the Supreme Court, which ruled that the confession could not be used as evidence because he was not informed of his rights prior to the confession. This Supreme Court ruling has shaped how various criminal cases are prosecuted today, and many people have at least heard the Miranda rights on shows such as “Cops,” even if they do not understand them.
What Are Your Miranda Rights?
Prior to interrogation, police must inform you of your constitutional rights. Because of the Supreme Court case, the rights are now known as the Miranda rights, or the Miranda warning. The Miranda warning must include some variation of:
Drug Asset Seizures: Can the Police Take Everything?
Have you heard horror stories about people who were merely accused (but not yet convicted) of a drug crime, and the police immediately seized their houses, cars, cash, and everything else of value that they owned? These “drug asset” seizures can leave innocent family members homeless and without transportation, while providing incremental funding to law enforcement agencies. You may well wonder if such stories are exaggerated or for real.
Here are some key facts to help you understand the Illinois laws regarding the seizure and forfeiture of assets used in drug crimes.
1. Illinois Laws Allowing Civil Asset Seizure and Forfeiture
Illinois police can seize property which has been used in or is intended to be used in the commission of, or bought with the proceeds of, crimes defined in the following Illinois state laws:
• Controlled Substances Act (720 ILCS 570), which governs both illegal drugs like cocaine and heroin and the illegal use of prescription drugs like fentanyl, oxycodone, and morphine.
7 Reasons You Could Lose Your Driver’s License in Illinois
Many people do not realize is that driving is a privilege, not a right. There is no federal or state constitutional rule that says you must be allowed to drive. In Illinois, there are many reasons why a person can lose their driving privileges. We take our driver’s license for granted and often do not realize how important the ability to drive is until it is gone. Understanding what can cost you your license is the first step in protecting your ability to drive.
1. DUI
The most common way drivers lose their driving privileges is by being arrested for driving under the influence (DUI). In Illinois, a person’s driver’s license is suspended if they fail a chemical test to determine their blood alcohol content (BAC) or if they refuse a chemical test. Failing a chemical test means the person had a BAC of .08% or more or a THC (the active chemical in marijuana) content of 5 nanograms or more per milliliter of blood. Failing a chemical test carries a six-month license suspension, and refusing a chemical test will result in an automatic one-year license suspension.
How a Governor’s Pardon Can Clear Your Criminal Record
Someone who committed a crime ten or twenty years ago will still have that conviction on their criminal record, even after they have been fully released from prison, probation, and/or parole. While some criminal convictions can be sealed or expunged from your criminal record (preventing them from showing up on background checks for employment and other purposes) other crimes, such as driving under the influence, are not eligible for either sealing or expungement.
For example, someone might have been convicted of DUI, burglary, or drug possession at age 22, and this can still cause them problems at age 40, such as reducing employment opportunities, preventing them from getting the license necessary to practice a certain profession, and restricting them from getting a FOID card that will allow them to participate in hunting and shooting sports.
For crimes that do not qualify for either sealing or expungement, there is a third option: getting a pardon from the state governor, also known as executive clemency.
Man Charged With Hate Crime for Harassing Woman Wearing Puerto Rico Flag Shirt
According to Illinois law, a person can be charged with a hate crime when he or she commits certain offenses and is motivated by the actual or perceived characteristics of another person or a group of people. These characteristics include race, color, religion, gender, sexual orientation, national origin, and disability status. The offenses that can be charged as hate crimes include assault, battery, intimidation, criminal trespass, theft, cyberstalking, and many others.
While it can be difficult to prove a person’s motivation for committing a particular crime in many cases, it is often much easier in others. Such seems to be the situation for a Chicago man whose interaction with a woman wearing a Puerto Rico flag shirt was caught on camera and resulted in hate crime charges against the man.
College Man Shot By Police After He Refuses to Put Down Gun
A college student was shot by three police officers July 12 after he was repeatedly told to lower his weapon. The man, a student at the University of Illinois, was shot in the leg after he pointed what was at the time thought to be a handgun at police and was given multiple warnings to drop the gun. Two college police officers and a Champaign County sheriff's deputy encountered the man after they received a call about a man loading a semi-automatic handgun. The man, who was later identified as a student at the University of Illinois, was charged with felony disorderly conduct.
Handgun Turns Out to Be Pellet Gun
When the police arrived on the scene, they were under the impression that the man was holding a loaded handgun. After instructing the man several times to lower the weapon, they shot him in the leg. After closer inspection of the gun, it was determined to be a Beretta air pellet pistol, which looks very similar to a real handgun. Police say the gun would not have been identified as an air pellet pistol without a close inspection.
National Defense Bar’s Report Highlights the “Trial Penalty” Problem
When a criminal defendant is presented with a possible plea bargain, one of the primary incentives to accept the agreement is a reduced sentence in exchange for pleading guilty. This means that refusing the agreement requires the defendant to risk a more severe sentence if he or she is found guilty at trial. The difference between the sentence offered in connection with a plea bargain and the sentence imposed after a trial is known as the “trial penalty,” and a prominent group of defense attorneys believes that trial penalties are now so severe that the right to trial guaranteed by the Sixth Amendment to the U.S. Constitution has been systematically compromised.
Most Cases Never Go to Trial
The National Association of Criminal Defense Lawyers (NACDL) recently conducted a two-year research project on the issue of trial penalties. The group released its findings earlier this month. Their report indicated that the rate of trial in federal cases has been falling for about 50 years and is now at less than 3 percent. Just 30 years ago, about one in five (20 percent) of federal defendants opted for a trial. The trial rate for state cases is around 6 percent.
Traveling with Firearms: Rules for Illinois Residents Versus Visitors
How to legally travel with their firearms, particularly their concealed carry handguns, is a serious concern for thousands of Illinois residents and visitors. Roughly 1.5 million Illinois residents have a Firearm Owners ID (FOID) card, and over 243,000 now hold a Concealed Carry License (CCL). Nationwide, over 16 million concealed carry permits have been issued.
Whether you live in or are a visitor to Illinois, you need to be aware that Illinois still has some of the most restrictive firearms laws in the nation. Here are a few tips to help you stay on the right side of the law, whether you live here, are vacationing here, or are just passing through:
1. Transporting Unloaded Firearms in Your Vehicle
Illinois Residents: You must have in your possession a valid Illinois Firearm Owners ID (FOID) card, and firearms should be unloaded and kept in a case.
Visitors: Non-residents who are permitted to possess a firearm in their own state may legally bring their firearms to Illinois (no Illinois FOID card needed), but firearms should be transported as described above.
Supreme Court Forbids Warrantless Use of Cell Site Location Information
The Fourth Amendment to the U.S. Constitution guarantees the right of citizens to be “secure” from “unreasonable searches and seizure,” and that this right can only be violated upon a showing of probable cause. While the text of the Fourth Amendment has not changed in almost 230 years, the application of its promises has been the topic of much debate and thousands of criminal cases. Our nation’s highest court recently authored the latest chapter in the story of the Fourth Amendment, ruling that law enforcement officers must get a warrant before obtaining cell site location information (CSLI).
What Is CSLI?
Cell site location information refers to the records created and maintained by cell phone service providers each time a cell phone connects to a cell tower. Your phone, obviously, connects to a tower every time you make a call, send a message, or access the internet using cell service, but such actions represent a very small percentage of CSLI. The cell phone in your pocket is actually connecting to a tower every few seconds, letting the tower know that it is nearby and whether it is ready to receive a call or text.
Two Types of Driving Permits After a DUI License Suspension
Being charged and convicted of a DUI, or even being suspected of a DUI, can carry serious consequences, including the suspension or revocation of your driver’s license. In Illinois, you face a statutory summary license suspension if you fail a chemical test, refuse to submit to one, or fail to finish chemical testing. If you fail a chemical test, that means your blood-alcohol content (BAC) was more than .08% or you had a THC content of five or more nanograms per milliliter of blood or 10 or more nanograms per milliliter of a different bodily substance. The suspension is not a criminal charge, so you do not have to be convicted of a DUI to have your license suspended. Though suspensions can be troublesome, you have two options for obtaining a driving permit during your suspension.
Monitoring Device Driving Permit (MDDP)
This type of permit is available to first-time DUI offenders through the Illinois Secretary of State’s office and allows unlimited driving during the statutory suspension period. In order to receive a MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed in your vehicle and maintained for the length of your suspension period. Those who are not eligible for a MDDP include drivers who are under the age of 18 and those who have previously received a statutory summary suspension in the last 5 yrrs. Drivers are also not eligible for a MDDP if they were driving with an invalid license, or if the DUI resulted in the death or great bodily harm to another.
