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Recent Blog Posts
Is a Police Officer Allowed to Search My Vehicle?
For many of us, the main times we interact with the police is during traffic stops. Most people who have been diving for a few years have been pulled over at least once by police. Often, those who have committed a minor traffic violation, such as driving slightly faster than the speed limit, will only receive a warning. Other times, police will issue a ticket. After asking for the driver’s license, registration, and possibly proof of insurance, police will be watching you and your vehicle closely. The officer may ask if he can take a look around your vehicle. It is important for Illinois residents to know and exercise their rights when it comes to the police searching a vehicle.
Do Not Consent to a Search
Many experts encourage anyone stopped by police for any reason to be respectful and non-threatening. We live in a time where tensions between police and the general public are at an all-time-high and officers are therefore on the lookout for those who might try to hurt them. If you get pulled over by the police, it is recommended that you keep calm and follow the officer’s commands or requests. However, do not be tricked into believing that you must agree to a search if a police officer wants to search your car. The Fourth Amendment to the U.S. Constitution protects citizens from “unreasonable searches or seizures.” In the case of motor vehicles, the officer must have “probable cause” to suspect you are doing something illegal to search your car. Having drugs or other illegal items in plain sight as well as the smell of marijuana seeping out of your car are both situations which would permit a police officer to search your vehicle. If you are arrested, the police automatically have the right to search your vehicle.
Understanding Illinois’ Second Chance Probation Program
Having a felony conviction on your record is more than just embarrassing. It can prevent you from getting student financial aid, from joining the military, from owning a firearm, from working in some types of jobs, and from being accepted into some types of housing. These effects can be very long-lasting, as most felony convictions remain on your record permanently. In addition, a felony by definition carries a minimum prison term of one year in Illinois, during which time an individual cannot support their family.
Such hardships make it very difficult for people to recover from a felony conviction, to make a fresh start, and to support their families without returning to crime. Recognizing that probation is a better alternative than incarceration for many offenders, Illinois legislators enacted Second Chance Probation, effective in January 2014.
How Second Chance Probation Works
If given a sentence of Second Chance Probation, an individual will be on probation for a minimum of two years, with no prison time. If they successfully complete all of the probation terms, their case will be dismissed, and they will have no felony conviction on their record. However, if they violate any of the probation terms, they will be convicted on the original charge. In addition, if the individual is convicted of a new crime within five years of the dismissal, the court can consider the Second Chance Probation case when deciding the sentence for the new case.
Misconduct Allegations Mounting Against Former Chicago Detective
A series of lawsuits have been filed in recent years against the City of Chicago in regard to the behavior of one particular now-retired detective. The lawsuits allege that the detective was responsible for a corruption racket that covered mostly Hispanic neighborhoods on the West and Northwest Sides of the city. A number of convictions have already been vacated, including several for murder and other serious violent crimes.
According to various news outlets , the latest claims came from two men who say they were falsely accused and convicted of crimes they did not commit. One filed a lawsuit in federal court last month while the other was granted a new trial for a 1993 murder in Albany Park. The two men each spent more than 20 years in prison before getting the chance to clear their names.
5 Factors Involved in Transferring a Case From Juvenile to Adult Court
Juvenile justice systems were created with the idea that children are different from adults and that their behavior can be changed. In 1899, Illinois was the first state in the country that created a separate court for children. Since the inception of the first juvenile court, the juvenile justice system has been modified and improved to provide rehabilitation in the best interests of the child. Sometimes, even those who are under the age of 18 are transferred from juvenile court to adult court. When a transfer is requested, there are specific factors that judges consider when deciding between juvenile and adult court:
1. Age
One of the first factors that is used when determining whether or not to transfer a case to adult court is the age and background of the child. The age of the child is useful in determining whether or not treatment in the juvenile justice system would benefit the child or the public. The older the minor is, the harder it is to reform the behavior of the child.
Illinois’ Response to the Rising Problem of Opioid Overdoses
Controlled substances remain in great demand in Illinois. Of the roughly 81,000 drug-crime arrests made in Illinois in 2016 (the latest year for which data is available), 28% were for controlled substances. Controlled substances include prescription opiates like fentanyl and oxycodone as well as illegal drugs like cocaine and heroin (excluding cannabis, which represented 43% of arrests).
High demand for prescription opiates means that medical professionals willing to prescribe or provide them are also in high demand. So much so that the Illinois Department of Financial and Professional Regulation takes action against at least a half-dozen medical professionals per month, on average.
Tough federal and state statutes, coupled with strong law enforcement, have helped to reduce controlled substances arrests both in Illinois and nationwide from 2015 to 2016. But that does not mean the war on drugs is over.
Getting Your Driver’s License Reinstated in Illinois
Your driver’s license can get revoked or suspended for a number of reasons-traffic violations, failing to pay child support, DUI charges-but you can reinstate your driver’s license with the help of an experienced attorney. There are specific steps that you must take in order to begin the reinstatement process.
Participate in a Hearing
In order to have your driver’s license reinstated, you must participate in either a formal or informal hearing with a Secretary of State hearing officer.
Informal Hearing
You can request an informal hearing if your license was suspended for:
- An offense that did not involve a death
- One DUI offense
- Minor moving violations
The hearing could result in either a restricted driving permit or a full reinstatement of your driver’s license. A restricted driving permit allows you to drive during certain times of the day and in certain areas. This type of permit is often awarded to allow people to drive to and from work, school, daycare, or medical appointments.
Creative Criminals Still Get Caught in Will County
Robbery (stealing from a person by force) and burglary (theft from a building or vehicle) are not new crimes in Will County. However, the way these crimes are accomplished, and the items that are stolen, do change over time. Here are some examples of recent trends in crimes that occur in Illinois:
Package Theft on the Rise
The huge growth of online shopping, with Amazon boxes appearing regularly on doorsteps across the nation, has greatly expanded the incidence of theft in residential areas. According to Joliet police, this is an easy “crime of opportunity” when a package is sitting in plain view by a front door. This might seem like a very minor offense for which the offenders are unlikely to be caught and prosecuted, but as such thefts have increased, delivery service drivers and police are increasingly suspicious of vehicles that appear to be following delivery vans. In one December 2017 case, two individuals were tied to thefts of packages from at least 11 different homes, including several big-ticket items such as TVs and iPhones. The thieves were each charged with two counts of felony theft, 10 misdemeanor counts of theft, and 10 misdemeanor counts of criminal trespassing.
Number of Chicago Hate Crimes Dropped in 2017
The greater Chicago area is well-known for many things. Some of them are good, such as deep-dish pizza and the attractions at the Navy Pier. Others are not so good, including the city’s reputation for violent crime. Two recent reports, however, seem to offer a measure of relief for those concerned about the violent crime in Chicago. The first one indicates that shootings and homicides were down in April compared to the same period last year for the 14th consecutive month—with more than a 20 percent decrease in the year-to-date numbers. The second report came from the Chicago Police Department (CPD) and showed that hate crimes in the city dropped in 2017 by nearly 16 percent over 2016.
Cycling Numbers
In 2016, Chicago police reported 73 separate hate crime incidents, an increase from 59 in 2015. The up-and-down cycle has been occurring since at least 2012. The numbers will spike one year, drop the next, then go back up again. For 2017, CPD shows that there were only 61 reported hate crimes.
Making Sure Your Child Enters Adulthood with a Clean Criminal Record
When juveniles get in trouble with the law, all police and court records are supposed to be sealed. Then, when these children turn 18, they should enter adulthood with a clean record, right? Actually, it is not that simple.
The Juvenile Justice System Creates a Lot of Records
Anyone under the age of 18 who breaks the law in Illinois is processed through the juvenile justice system. This process creates a lot of records. The police will have an arrest report, transcripts of interviews, investigation notes, and even fingerprints and photographs of the minor. The local court will have records of charges filed, hearings held, and the final disposition of each case. The Illinois State Police also maintains records of all juvenile arrests and convictions, including mandatory fingerprint cards (effective January 1, 2000) for minors age 10 and up arrested on felony charges.
There will always be an arrest record, at a minimum, even if all charges are dismissed, or if a juvenile successfully completes a period of court supervision and thus avoids having a conviction on their record.
Illinois Community-Level Programs Aim to Reduce Prison Population
Very few people can picture themselves in the position of being charged with a felony and facing the possibility of spending time in a state prison. Thankfully, most of our 13 million Illinois residents will never be in that position.
Every year, 300,000 serious criminal offenses are committed in Illinois, including over 200,000 thefts/robberies/burglaries, 120,000 domestic violence offenses, and 80,000 drug crimes. Only a relatively small percentage of those criminal offenders end up in state prison, and that number has been declining due to specific efforts on the part of the state.
New Laws and Programs in Illinois
From 2013 to 2016, the Illinois prison population declined from nearly 49,000 to under 45,000. At the end of 2017, the inmate count was down even further, nearing the 41,000 mark. The state aims to cut these figures even further by reducing both the number of people sentenced to prison and the length of time each spends behind bars.
