Schedule a Free Consultation|
Call 815-740-4025
-
- Home
- Our Firm
- Criminal Defense
- Assault & Battery
- Domestic Battery / Domestic Violence
- DUI/DWI
- Drug Crimes
- Driver's License Reinstatement
- Speeding Tickets, Traffic Offenses & Violations
- CDL Violations
- Gun & Weapons Charges
- Felony Crimes
- Misdemeanor Crimes
- Juvenile Crimes
- Expungement & Record Sealing
- Resisting Arrest / Obstructing the Police
- Retail Theft & Shoplifting
- Police Questioning: When Miranda Warnings Are Required
- Media
- Blog
- Contact
Recent Blog Posts
Justifiable Force, Self Defense, and Weapons Charges
Illinois legalized the concealed carry of firearms in 2014, which led to a large number of applications for concealed carry permits. Since then, the number of applications has tapered somewhat, but the initial surge by Illinois citizens to secure concealed carry permits was likely fueled by the belief that carrying a handgun is a good way to defend oneself. While “self defense” is a legitimate and strong defense strategy, it may not be the solution to all one’s legal troubles if the same situation results in a gun or weapons charge.
Justifiable Use of Force
In the state of Illinois, the law allows for a person to use force under specific situations. In these scenarios, one can be cleared of wrongdoing if they were deemed to have used justifiable force. The specific situations in which justifiable force is allowed are as follows:
Illinois Law Protects Good Samaritans
Hardly a day goes by when one does not see a video, whether online or on TV news broadcasts, of a crime being committed or a person in distress. With just about every single person now equipped with a video camera as part of their cell phone, the possibility of catching one of these incidents on video becomes more and more likely. However, this phenomenon raises questions as to whether a bystander could face criminal charges or other legal action for failing to assist an accident or crime victim.
What are You Required to Do?
The possible scenarios that result from applying “Good Samaritan” laws and a person’s duty to render aid are truly numerous. From coming upon a car accident to shooting an intruder in your own home, the action (or inaction) you take next can have consequences. Listed here are a few examples applicable to this topic:
- A person involved in a car accident is required, if physically able, to “render aid” to other injured parties. This can range from administering first aid to calling 9-1-1 for help. Failing to do so may result in a Class A Misdemeanor charge.
Speeding in a School Zone Could Result in Jail Time
School is back in session, which means that many residential areas are suddenly much quieter during the day and homework clutters kitchen tables in the evening. As families with school-aged children get back into the swing of the school year, drivers throughout Illinois must take extra precautions when driving near school buildings as speeding in a school zone could result in hefty fines and points on their driving record. If a driver is going fast enough, he or she could even face time in jail.
Be Aware of School Zones
According to Illinois law, school zone speed restrictions may be put in place around any public, private, or religious elementary school, middle school, or high school. The law also applies to all types of nursery schools. During the school day—defined as between the hours of 7 a.m. and 4 p.m. when school is in session—drivers may not exceed 20 miles per hour when “passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.”
Navigating Driver’s License Suspension and Reinstatement
A revoked or suspended driver’s license can create a major inconvenience or hardship. It makes getting to work or school, caring for family members, and performing other daily tasks almost impossible to complete. Fortunately, the state of Illinois has a process in place that allows drivers an opportunity to pursue and gain driver’s license reinstatement.
Reasons Your License Can Be Suspended
In Illinois, when your driver’s license is suspended, you will receive a letter from the Secretary of State’s Office instructing you to surrender your license. There are a number of reasons why a license suspension may occur, including:
- Receiving three or more moving violations in a 12 month period.
- Failing to appear in court for a moving violation, or otherwise resolving the issue prior to your court date.
- Receiving 10 or more parking violations.
- Being photographed by automatic cameras running a red light five or more times without paying the fines associated with the violations.
Beyond a Reasonable Doubt - The Standard in Criminal Proceedings
The presumption of innocence is a cornerstone of the American legal system. When an individual has been charged with a crime, he or she is Innocent until proven guilty. Criminal defendants often face serious punitive consequences, including the death penalty. Therefore, the burden of proof is highest in criminal cases -higher than in any other area of the law. Though capital punishment is no longer used in Illinois, criminal convictions can still result in life-altering consequences for those charged. The standard of proving guilt beyond a reasonable doubt ensures that only the guilty are convicted.
Legal dramas on television often lead viewers to believe that the victim of a crime must press charges against the perpetrator. However, this is not entirely accurate. Victims can file a police report and cooperate in the prosecution of an offender, but the government is who decides whether or not to pursue a conviction. The prosecution may be handled by a United States Attorney in federal court or by the State’s Attorney in any Illinois County. If a prosecutor files formal charges against a suspect, the burden of proof is on the prosecution. The term “burden of proof” means the obligation to prove one’s allegation. So, the attorneys for the government must prove beyond a reasonable doubt that the defendant is guilty of the crime he or she is accused of committing. A defendant is not required to prove his or her innocence in the same way—or at all.
Nurse Arrested for Refusing to Allow Police to Take Patient’s Blood
Footage from the body-cam of a Salt Lake City police officer recently went viral, causing a massive, national debate over the behavior of law enforcement in stressful situations. In the video, a nurse at a Salt Lake City hospital can be seen arguing with a police detective about his request to take blood from an unconscious patient. For many, the video raised serious questions about whether such blood draws would violate a person’s rights. As it turns out, however, the United States Supreme Court has largely answered the question already.
The Disturbing Footage
The incident took place in late July, but the video only become available a little over a week ago. The video was taken by body-cam of an officer who was at the hospital, as well as from footage taken by hospital security cameras. The footage shows a staff nurse refusing to allow a police detective to draw blood from the unconscious victim of a car accident. The nurse tells the detective that blood cannot be taken unless the patient gives consent, the police have a warrant, or the patient is under arrest.
Understanding Probable Cause and 4th Amendment Searches
Television shows and movies may create a false picture of what it is like when someone is served with a search warrant by law enforcement. Many citizens are left with the impression of a polite knock on the door, presentation of the warrant, and then entry by police. While, in reality, that may happen from time to time, the truth is that conducting searches is not always as simple as what is shown on the screen.
What Makes a Search Legal?
The 4th Amendment protects citizens from an illegal search and seizure of property. This requires that, in most cases, law enforcement obtain a search warrant prior to conducting a search. To secure a search warrant, a judge must be convinced there is probable cause for police to enter private property.
Because the 4th Amendment does not define “probable cause,” that burden falls to the courts. One commonly shared explanation of the term is as follows:
Illinois Bail Reform Enacted
Earlier this summer, Illinois Governor Bruce Rauner signed the Bail Reform Act. The new statute, which went into effect immediately after the signing, is said to be an attempt at alleviating overcrowding in county jails, and a form of relief for those unable to afford the bail amount for minor and nonviolent offenses.
Opponents of the old “cash bail” system claim it is unfair, and make the argument that it favors defendants charged with violent crimes who have money over the indigent or destitute who are charged with nonviolent crimes.
What the New Law Changes
Previously, when charged with a crime, a defendant who was ordered held in lieu of bail was held in the county jail until they paid at least 10 percent of the bail amount. Those who could not afford the amount would remain in custody throughout their trial or until the matter was resolved. The Bail Reform Act considers the following :
Is Uber Really Preventing Drunk Driving?
Around the country, ridesharing services like Uber and Lyft have become immensely popular, especially among younger adults. It is very easy to open a smartphone app, tap a few times, and have a car arrive to pick you up exactly where you are. These services have proven to be extremely convenient, even in cities with reliable mass transportation like Chicago. Unlike the “L,” Uber and Lyft offer door-to-door service, and it is often much quicker and cheaper to call an Uber than it is to find a taxi. But, what about Uber’s claims that the service is reducing drunk driving in the areas it serves? Is there any truth to them?
The real answer is that it is hard to say for sure. While there are indications that drunk driving fatalities have gone down in many cities, there are countless variables to consider, and the arrival of Uber is merely one.
Conflicting Studies
A recent study from the City University of New York found that since Uber began service in New York City in 2011, there has been a drop in alcohol-related accidents of up to 35 percent compared to areas not served by Uber. That is not an insignificant number, especially considering the immense population of the Big Apple. That study’s author acknowledged that the trends point to Uber helping the nation’s drunk driving issues but said that more evidence is needed to prove it.
Concealed Carry Applications on the Decline in Illinois
In 2014, Illinois became the last state to allow gun owners the right to carry concealed firearms, and while a large number of concealed carry permits were issued that year, applications statewide for these permits have been on a steady decline, aside from a slight increase in 2016. The exception to this trend, however, is that a greater number of citizens residing in rural areas are submitting applications for legal concealed carry of a firearm.
Conceal Carry by the Numbers
It should be noted that the analysis of these trends does not differentiate between the year an application is submitted and when the permit was issued, should those events occur in separate calendar years. However, according to totals provided by the Illinois State Police, which oversees processing, issuing and revocation (if necessary) of concealed carry applications and permits, the numbers for Illinois since the law was enacted are as follows:
