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Standardized and Non-Standardized Field Sobriety Tests

 Posted on June 14, 2018 in Uncategorized

In the state of Illinois, driving under the influence (DUI) covers many different types of impaired driving, from driving under the influence of alcohol to driving under while intoxicated after using drugs, including prescription medications or illegal substances. In 2016, 29,528 DUI arrests were made, according to the Illinois Secretary of State’s office.

When you get pulled over for a suspected DUI, the police officer may ask you to exit your vehicle and conduct a number of field sobriety tests to determine if you are impaired.

What Is a Field Sobriety Test?

A field sobriety test is one of the first things a police officer uses as a way of determining whether a person is under the influence while driving. There are both standardized and non-standardized field sobriety tests which allow officers to observe a person’s sense of balance, physical control, or ability to maintain attention. These tests are usually administered after a person is pulled over and is asked for their license and registration.

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Can Juvenile Offenders Be Silenced on Social Media?

 Posted on June 09, 2018 in Uncategorized

Over the years, juvenile court judges have come up with some creative ways to punish and rehabilitate youthful offenders. One Cook County judge reduces community service hours in exchange for reading books. Another judge, in DuPage County, ordered a teen to stop playing violent video games and told the parents to take away the boy’s smartphone.

But can a judge prohibit a juvenile from posting on social media, or is that a violation of their First Amendment right to free speech?

Illinois Juvenile Court Sentences Often Address Social Media

Current practices in the Cook County juvenile courts recognize that social media plays a big role in both teen life and criminal activity. Cook County probation officers regularly generate social media reports on teen offenders, which are provided to judges for consideration at sentencing. In one recent case, a teenage male was convicted of armed robbery. The teen’s social media report included pictures of him posing with guns, gang symbols, and marijuana. As part of his sentence, the judge ordered him to wipe his social media pages clean—and keep them clean—of any references to “gangs, guns and drugs.” This type of sentence has become common nationwide. But is it constitutional?

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Illinois May Soon Allow for the Expungement of Marijuana Convictions

 Posted on June 08, 2018 in Uncategorized

While possessing small amounts of marijuana is no longer a criminal offense in Illinois, people who had previously been convicted of marijuana possession marijuana possession still have a criminal record for offenses that are no longer a crime. However, those people might soon be able to have their records expunged, thanks to House Bill 2367.

Prior Possession Laws

Possession of small amounts of marijuana was decriminalized in Illinois by a bipartisan law that was signed by Gov. Bruce Rauner in 2016. Prior to this law, the Cannabis Control Act made possession of amounts up to 2.5 grams of marijuana a Class C misdemeanor, which carried a punishment of up to 30 days in jail, and possession of 2.5 to 10 grams of marijuana was a Class B misdemeanor, which carried up to six months in jail. After the passage of the 2016 law, possession of 10 grams of marijuana or less is a civil offense that carries a fine between $100 and $200.

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Boat Safely-and Legally-This Spring and Summer

 Posted on May 31, 2018 in Uncategorized

As temperatures finally begin to rise in northern Illinois, boats are coming out of storage, and soon the lakes and rivers will once again be filled with fishermen, wakeboarders, and jet-skiers. And what fun is a boat without a cooler of beer and other beverages? However, boat operators should be aware that if they consume alcohol, they may face similar charges to what a motor vehicle driver would face for DUI. Just remember the old saying, “It is all fun and games until somebody gets hurt...or arrested.”

With over 230,000 registered watercraft in Illinois, our lakes and rivers are often very crowded. Here are a few reminders to keep you safe and legal while boating this summer:

Check Your Gear & Licenses Before Heading Out on the Water

Illinois requires all boats to carry one life jacket or other personal floatation device (PFD) per person onboard. Anyone under the age of 13 must wear their life jacket at all times when the boat is underway, unless they are below deck, operating on private property, or on a boat of 26 feet or longer. Jet-skiers must also wear their PFDs at all times.

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What You Need to Know About Miranda Warnings

 Posted on May 22, 2018 in Uncategorized

We have all seen it on TV and in the movies: a suspenseful investigation or a police chase ends with a suspect in handcuffs, and as the scene fades into the credits, an officer begins to speak, “You have the right to remain silent…” You probably know that the statements being recited are collectively known as the Miranda warnings or Miranda Rights, but there are certain things to keep in mind in the event you are ever arrested and charged with a crime.

Your Rights

The Miranda warnings consist of four specific points. The exact wording of the warnings may vary but the suspect must be informed that:

  • He or she has the right to remain silent;
  • Anything that is said can be used as evidence in court;
  • He or she has the right to have an attorney present during questioning; and
  • If the suspect cannot afford an attorney, one will be appointed for him or her.

Contrary to popular belief, a suspect does not need to be given the Miranda warnings immediately upon arrest. The United States Supreme Court ruled in Miranda v. Arizona in 1966 that a suspect must be reminded of his or her rights prior to a “custodial interrogation,” But, what does that mean in practice? It means that a police officer is under no obligation to read Miranda warnings unless the person “has been taken into custody or otherwise deprived of his freedom of action in any significant action. For example, a discussion during a traffic stop would not require Miranda warnings. If, however, the suspect was handcuffed and placed in the back of a police car—regardless of an official arrest—the officer would need to give the Miranda warnings before asking any questions or risk having the entire exchange be thrown out in court.

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Owners of Mugshot Website Arrested on Extortion Charges

 Posted on May 20, 2018 in Uncategorized

In today’s digital age, it is easier than ever before to access information about another person. Such access can be helpful when deciding whether a particular individual should be hired or just trusted, in general. The downside, however, is that the information that is often available may be misleading, incomplete, or damaging. In some cases, this is entirely intentional, and, authorities say, little more than an extortion scheme designed to profit from other people’s misfortune.

This week, four men were arrested for their connection to a website that publishes mugshots and then attempts to extract payment in exchange for the mugshots’ removal. The men were arrested on warrants issued in California, but the scheme has allegedly victimized people across the country.

“Pay-for-Removal Scheme”

The charges are connected to a website called Mugshots.com—a site that purportedly exists to notify the public of arrests. According to police officials, however, the site is actually an extortion scheme. California Attorney General Xavier Becerra says that the site owners publish mugshots obtained from public records and post them on the site, along with fairly basic information about each arrestee, some of whom were never formally charged.

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How the Proposed .05 DUI Standard Would Affect Social Drinkers

 Posted on May 19, 2018 in Uncategorized

As Illinois and other states across the country discuss the possibility of reducing the standard for DUI from .08 to .05 blood alcohol concentration (BAC), you might be wondering how such a change would affect the average citizen, the social drinker.

Consumption Leading to .05 versus .08 BAC

A good rule of thumb is that consuming two standard drinks in one hour will raise a person’s BAC to .05, and drinking one standard drink each hour after that would maintain that level.

However, weight and gender also impact the speed at which the body processes alcohol. A 120-pound woman would be allowed only a single drink in the first hour, two drinks would put her over the .05 limit, and three drinks would put her over .08. A 200-pound man would exceed the .05 limit after three drinks in one hour and hit .08 after four drinks.

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Illinois Bank Cutting Ties With Medical Marijuana Industry

 Posted on May 17, 2018 in Uncategorized

The landscape of the medical marijuana industry in Illinois could soon be changing as a major player has announced that it will be getting out of the game by next month. The announcement comes in the wake of indications by the Trump administration that it will be ending Obama-era leniency on the federal prosecution of marijuana as an illegal drug.

Bank of Springfield recently notified its customers in the marijuana industry that their accounts with the bank will be closed on May 21. According to reports, the financial institution is the “main bank serving Illinois medical marijuana companies,” which include cultivation centers and dispensaries. Bank of Springfield is not the only institution serving the medical cannabis industry, but its customers say other banks charge up to six-figure annual fees for marijuana-related accounts. Most companies simply cannot afford the added expense.

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The Debate Over Making .05 the New Standard for DUI in Illinois

 Posted on May 15, 2018 in Uncategorized

Should Illinois follow the recommendation of national safety experts to change the legal definition of drunk driving from a blood alcohol concentration (BAC) of .08 percent to .05 percent? This topic will be argued in many forums over the next few years.

How Fast Is the National Drive Toward .05 Moving?

The National Transportation Safety Board (NTSB) first recommended reducing the legal blood-alcohol limit to .05 in 2013. A January 2018 report sponsored by the National Highway Traffic Safety Administration (NHTSA) now strongly supports this change.

As of April 2018, only Utah has enacted the .05 standard, effective at the end of 2018. Other states such as Delaware, Hawaii, and Washington are considering it.

For perspective, it took 13 years from the time the national safety agencies first recommended the shift from .10 to .08 in 1992 until the last state adopted it in 2005. Illinois made the change to .08 in 1997, five years after the initial recommendation.

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Juvenile Charges: You and Your Child Both Have Rights

 Posted on May 10, 2018 in Uncategorized

As a parent, one of the most difficult things to hear is that your child may have done something wrong. If your child is arrested or charged with a crime, it will be a stressful experience for the both of you, but one of the best things you can do is become informed about the rights that both you and your child have in this situation. Becoming informed will help both you and your child get through this process.

What Rights Does My Child Have?

In Illinois, anyone 17 years old or under is considered a child, although for very serious crimes, children over the age of 15 can be tried as an adult. There are a few differences between what rights your child has and what rights an adult has when they are charged with a crime.

  • Probable cause is needed to search a minor - As with adults, police must have reason to believe a person has committed a crime before searching a minor, and these reasons must be supported by facts. The exception to this rule is if a parent or a person with partial responsibility of the child (such as a school official) has reasonable suspicion of an offense.

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