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Recent Blog Posts
The Most Violent Cities in Illinois
Every year, the Federal Bureau of Investigation (FBI) works in conjunction with state and local law enforcement departments to track and record the type and number of crimes committed within Illinois cities. It is important for residents, criminal defense professionals, police, and elected officials to understand this information so steps can be taken to address trends in the courts and on the streets.
Big or Small - Crime Does Not Discriminate
There are a couple of different ways to read the crime data to determine the amount and types of crimes being committed. These types of studies tend to focus on violent crimes (murder, rape, robbery and aggravated assault), and the size of a city’s population. Here is a summary of some important details of note from the most current statistics :
Good Samaritan Law and Illegal Drug Use
With the many dangers of drug use so regularly emphasized, it is extremely concerning that illicit drug use continues to plague the country. Apart from being highly illegal, the use and abuse of substances such as heroin, cocaine, and methamphetamines can have serious consequences on an individual’s health, lifestyle, and family relationships. In an effort to curb the most serious health impact, however, state laws throughout the United States, including Illinois, have been enacted to provide limited criminal immunity for those would seek emergency help for someone experiencing a drug overdose. Known as Good Samaritan Laws, such measures look to save lives by addressing the health dangers of a potentially deadly situation before legal concerns.
The use of heroin in Illinois has started capturing statewide attention, as there has been a significant increase in heroin-related activity and overdoses in recent years. In Will County, for example, there were 5 reported deaths attributed to heroin overdoses in 2000, a number which exploded by 2012 to 46. DuPage County similarly reported 42 heroin-overdose deaths in 2012, and numbers throughout the area are similar.
Notorious Crimes Committed in Illinois
Every year, studies are conducted during which Illinois prison inmates are interviewed and records reviewed to determine the most common types of crimes being committed across the state. This information provides a glimpse into the criminal justice system, as well as the people who make up the state’s inmate population.
A Notorious Top 10
While the current year’s numbers are not available, statistics from previous years indicate that not much changes over consecutive 12 month periods when it comes to the types of crimes that result in individuals living behind bars. Here is a brief summary of the ten most committed crimes in Illinois, according to the responses of those convicted:
10. Robbery - These crimes constitute the theft of a person’s property or money through the use of physical force or fear, and always include a victim who sustains a physical injury.
Drinking and Boating Can Cost You Your License
For many, spending an afternoon on the water may be an ideal form of relaxation. There are few things better than cruising around the lake in a boat while enjoying the company of friends or family. It is hardly surprising, however, that a large number of boaters also incorporate alcohol into their recreational activities. When alcohol use leads to drunken boating or boating under the influence, the situation can quickly turn dangerous or even deadly. In addition, a person found to be operating a boat under the influence of alcohol or drugs may face charges and penalties similar to those for operating a motor vehicle under the influence .
Deadly Accident Leads to Updated Laws
In 2012, a 10 year old Libertyville boy named Tony Borcia was boating with his family on Petite Lake, part of Illinois’ popular Chain O’Lakes. The young boy was riding on inflatable tube being towed by his father when he fell off the tube. Despite Tony’s bright red lifejacket, a large boat struck the boy, killing him instantly. The driver of the second boat was later found to have been under the influence of alcohol and cocaine at the time of the crash, and was subsequently sentenced to a 10 year prison term.
Lake County Illinois Gun Raffle Continues in Wake of Tragedy
Last week, the entire world was horrified to learn of a mass shooting that claimed the lives of 58 individuals in Las Vegas—the deadliest mass shooting in modern American history. According to official reports, a single gunman allegedly unleashed hundreds of rounds from an upper-level hotel room into a large crowd of people attending a country music festival. In the days that followed, the debate over legal gun ownership has once again captured the nation’s attention, as is often the case after high-profile shootings.
On one extreme, proponents of stricter gun control laws support the idea that private ownership of firearms should be more severely limited. On the other end of the spectrum, gun rights activists believe that responsible gun owners should not be forced to compromise their Second Amendment rights. The divide between the two extremes is even evident on a local level, with controversy arising over a gun raffle scheduled to take place this week in Lake County.
Illinois Law Protects Referees From Assault
Interscholastic and youth sports serve a number of purposes for those who participate in them. Boys and girls can learn a great deal from being part of a team, including self-discipline, sportsmanship, and the importance of fair play, in addition to the benefits of increased exercise. Unfortunately, parents and coaches often lose sight of the true goals of youth and school sports as they become all but obsessed with the scoreboard and perceived slights on the court or field. In extreme cases, spectators, coaches, and even players may become so irate that they behave violently toward referees, umpires, and other officials. It is important to understand the risks of such behavior, as the penalties for attacking a sports official in Illinois can be severe.
Struggling With Sportsmanship
When a referee or umpire steps onto the field or court, he or she understands that players, spectators, and coaches will not agree with all of his or her calls. It is simply the nature of sports. Disagreement is one thing, but nearly every official has stories about parents or coaches getting too personal in expressing their displeasure with a call or ruling. It has gotten so bad in some regions that scholastic and recreational leagues are now struggling to find officials who are willing to tolerate the verbal abuse—often from people who do not know the rules themselves.
Illinois Supreme Court Upholds Drew Peterson Murder Conviction - "Drew's Law" Remains
Courtroom dramas on TV and in the movies often provide the public with a glimpse of the legal process, frequently including tense exchanges between witnesses, attorneys, and judges resulting in an objection to hearsay testimony and a ruling of “sustained” from the bench. However, a recent ruling by the Illinois State Supreme Court could have a sweeping effect on the admissibility of second-hand testimony during a criminal trial.
So What is Hearsay?
Commonly considered rumor or second-hand testimony, hearsay is information reported by a witness that is not based on that witness’s direct knowledge of the facts or incident in question. The presentation of hearsay testimony was largely considered to be a violation of a defendant’s 6th Amendment right to confront one’s accuser. After all, how could a defendant, or their attorney, attempt to question or discredit hearsay if the individual believed to have actually made the statement is not available for cross examination?
When Criminal Charges Arise from “Harmless” Hazing
Often described as a “harmless rite of passage,” or “tradition among members,” the issue of hazing frequently makes the news when an injury or even death occurs. When this happens, it is necessary for police to get involved, and that may result in those involved facing serious criminal charges.
Hazing Laws in Illinois
In 2014, the Illinois legislature approved passage of a bill that criminalized the act of hazing. That law provides for the following:
- A person commits hazing when they knowingly act in a way or cause a situation that puts another at risk of bodily injury for the purposes of induction or admittance to any group, organization, or society connected with an educational institution.
- The action or situation is not authorized or sanctioned by the educational institution.
Will My Criminal Arrest Automatically Disappear if I Avoid a Conviction? No.
Any time that a person is arrested on suspicion of criminal activity, a record of the arrest is created. That record remains a part of the person’s criminal history regardless of whether he or she is ever convicted. The arrest remains even if formal charges are never filed or are dismissed along the way. Having an arrest in your background can lead to uncomfortable questions and embarrassing conversations with potential employers, landlords, and school admissions officers.
The good news is that the state of Illinois makes it possible for individuals to get arrest records removed through a process known as expungement. The bad news is that many people do not realize the opportunity is even available, let alone what it entails. There are also a number of myths regarding expungement that continue to persist, making it more challenging for people to know what to believe.
Myth: An Arrest Will Be Automatically Expunged Without a Conviction
While it would certainly be nice if an arrest was removed from a person’s record when the charges are dropped or a not-guilty verdict is issued, this usually does not happen. Illinois law provides for automatic expungements for certain juvenile records, but if you were arrested as an adult, you will need to apply for the expungement process to clear your record.
Does Race or Gender Influence Concealed Carry Permit Applications?
Earlier this year, Illinois officials announced that the total number of annual applications for concealed carry permits were on the decline. However, when it comes to legally owning and carrying guns, it turns out that certain segments of the population have maintained a steady interest in self defense and exercising their 2nd Amendment rights.
Citizen Niches Maintain Steady Interest
A recent report that provided a breakdown of annual applications for concealed carry permits in Illinois revealed that, despite decreases in license applications in other groups, the number of African-American women receiving permits has risen steadily since 2014. The numbers, derived primarily from Cook County, Illinois, show the following:
