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Recent Blog Posts
Reasonable Doubt: You Do Not Have to Prove Your Innocence
When you are facing criminal charges for something you did not do, including drug charges , property crimes , or any other type of illegal activity, it can be very overwhelming. You will likely feel enormous pressure to find some way to prove that you did not or could not commit the offense for which you have been charged. The challenge, of course, often lies in the fact that proving you did not do something can be extremely difficult. However, thanks to a long history of legal precedent that has become entrenched in U.S. laws, the burden of proof lies with the prosecution and its case must exceed all reasonable doubt.
Beyond Reasonable Doubt
Dating back centuries, a defendant is presumed to be innocent until he or she is proven guilty. However, for many years in the United States, courts were at odds over what was necessary to reach the standard of “proven guilty.” Some cases would utilize the “preponderance of the evidence” standard, which is still in use in civil court, which simply means that the defendant more likely than not committed the act of which he or she was accused.
New Law to Reduce Automatic Transfers for Juveniles
Beginning January 1, 2016, fewer drunk driving juveniles will be automatically tried as adults in Illinois, thanks to a new law signed by Governor Bruce Rauner earlier this month. Proponents believe that the new measure is in line with similar systems in place in other states, and will help Illinois reduce the current law’s “disproportionate impact” on minority juveniles. While juveniles will still be permitted to be tried as adults, a large majority of cases will first require a hearing in juvenile court to determine the appropriateness of a transfer.
Need for Change
More than a century ago, Illinois was a pioneer in the fight against juvenile crime, establishing the nation’s first juvenile court system in Cook County in 1899. In recent decades, however, the “tough-on-crime” attitudes that had become prevalent across the county also took hold here at home. Prosecution became more intense and criminal penalties more severe, even for cases involving minors. Laws were created that allowed individuals as young as 15, and in some cases, even 13, to be automatically tried as adults for certain offenses. The focus on juvenile rehabilitation rather than punishment that led to the establishment of the juvenile court system seemed to have been blurred.
Happy Hour Legal Again in Illinois
With the stroke of a pen, Illinois Governor Bruce Rauner completed the state legislature’s effort to repeal a 26-year-old ban on happy hours. After moving through the State House and Senate fairly quickly this spring, the measure has been in the hands of the governor since the end of May. Governor Rauner’s approval of the bill last week was met with mixed reactions as some bar owners celebrated the possible opportunities while others worried about the potential impact to overindulgence and drunk driving.
Previous Ban on Discounted Drinks
During the late 1980’s, a new wave of awareness regarding impaired driving and drunk driving was sweeping the country. Advertising campaigns, interest groups, and even the United States Surgeon General expressed the need to curb the dangerous practice of driving under the influence (DUI). In 1989, Illinois lawmakers took action and passed a ban on happy hours and any other discounts on alcoholic beverages. The effort was designed to decrease alcohol consumption in public places, and therefore, the likelihood of DUI.
Medical Marijuana Program May Finally Get Underway
After many months of bureaucratic issues, the medical marijuana pilot program in Illinois may be poised to get off the ground. Officials at a facility in the southeastern part of the state announced this week that their company has received authorization to begin producing the genetic strains that will form the basis of marijuana products for approved legal use. Located in Albion, Illinois, Ataraxia is the first company to begin state-sanctioned production of marijuana under the medical-use program that went into effect nearly 20 months ago.
Medical Use Pilot Program
The Compassionate Use of Medical Cannabis Pilot Program Act was passed into law nearly two years ago and took effect on January 1, 2014. The Act was intended to permit medial marijuana use on essentially a trial basis for specifically approved health conditions. Patients suffering from HIV/AIDS, multiple sclerosis, glaucoma, hepatitis C, Rheumatoid arthritis, and various forms of cancer, among many other conditions are eligible to register for participation in the program. To date, approximately 2,600 applications have been approved by the Illinois Department of Public Health.
Ban the Box Laws Help Job-Seekers Find New Opportunities
Around this time last year, the Illinois legislature was considering a measure aimed at helping job-seekers with an imperfect past overcome their mistakes. The bill was passed, and was eventually signed by then-Governor Pat Quinn, as Illinois joined the growing number of states and cities which have taken steps to aid those looking to create a better future. Known as a Ban the Box law, the measure went into effect on January 1, 2015, and has helped even the playing field somewhat for job applicants with a criminal history.
Provisions of Ban the Box
The law is officially called the Job Opportunities for Qualified Applicants Act and was passed as a result of otherwise qualified job-seekers being eliminated out-of-hand for available employment opportunities. There was nothing preventing an employer from asking early in the application process whether an applicant possessed a criminal history and using that information to automatically remove the applicant from consideration. As a result of the new law, however, an employer with 15 more employees may no longer pose such questions to an applicant so early in the process. The law does not preclude an employer from deciding not to hire individuals with certain offenses in their history, but the background check may not be initiated before the applicant is offered an interview or conditional employment. By forcing employers to look further into an applicant before conducting a background check, the law presumes that individuals deserving of a second chance are more likely to be hired based upon their qualifications rather than simply rejected due to their history.
Do I Need an Attorney for a Minor Crime?
Everyone makes mistakes. Some may be less serious than others, but nobody is perfect. Sometimes a momentary lapse in judgment can lead to criminal charges and, if and when that happens, you may be tempted to try to handle the situation on your own. However, no matter how insignificant the charges may seem, you need the help of a qualified lawyer to ensure your rights are fully protected.
Under Illinois law, criminal charges may range from Class C misdemeanors, including assault, disorderly conduct, and minor marijuana possession, up to Class X felonies and murder charges. Regardless of the seriousness of the charges, an attorney can help you in three primary ways:
Understanding the Process
The criminal justice system can be very confusing and stressful, particularly for a first-time offender who is unfamiliar with the process. Your lawyer can help you keep abreast of the progress of your case, remind you when your appearance is necessary, and take care of logistical details along the way. Even if you do not plan to fight the charges, an attorney can review any proposed agreements and ensure you are getting the best deal possible.
Governor to Decide Fate of Bill Establishing Marijuana DUI Limits
Legislation recently passed through both chambers of the Illinois legislature which would set the state’s first impairment standard for driving under the influence of marijuana. The bill, which looks to create an easily enforceable guideline for cannabis-related DUI arrests, now awaits the signature of Governor Bruce Rauner, who has not given an indication on his intentions for the measure.
Currently in Illinois, the law provides that an individual can be arrested for DUI or aggravated DUI with any trace of marijuana in his or her system, regardless of impairment. Those who have validly registered for the state’s medical cannabis pilot program were to be offered some level of protection from the zero-tolerance principle , but the program has yet to get fully underway. The current law falls short in increasing safe driving due to the fact that traces of marijuana can be found in a person’s blood for up to several weeks after use. This means that a driver can potentially be arrested for driving under influence even though he is totally unimpaired and the marijuana in his system is from ten days ago.
Burglary Charges and Illinois Law
Several weeks ago, a Joliet man was found hiding the in rafters of a Mokena housing complex currently under construction and now faces charges of burglary. Police believe that the man, along with an accomplice who was found outside the complex, may have been looking to steal copper or tools, but that no stolen property was found in the possession of either individual. Both men have been charged with burglary in connection to the case.
What is Burglary?
Although related to other property crimes, burglary is not, of itself, the taking of property belonging to another. Instead, it more directly concerns a person’s unlawful gaining of access to another’s property or his or her presence in or on such property.
Under Illinois law , burglary is committed by a person who, without proper authority, enters or remains within a building, trailer, boat, aircraft, or vehicle with the intent of committing theft or another felony. The law also provides for the specific charge of residential burglary when the action is committed within a building or trailer which serves as a dwelling place.
FOID and Carry Permit Applications Moved Online
With its gun control laws being among the strictest in the nation, the state of Illinois carefully monitors the application and registration process for gun owners. A recent change, however, was aimed at making the process more convenient for owners and dealers alike. Illinois residents looking to obtain a Firearm Owner’s Identification (FOID) card or a Concealed Carry License (CCL) are now required to utilize an online application system provided by the Illinois State Police (ISP).
New Online Process
Rolling out the changes earlier this year , the ISP and state authorities looked to streamline and modernize the application process. Previously, an online system was available for concealed carry applications, but required applicants to set up a digital ID through the state’s Department of Central Management Services. Meanwhile, FOID applicants were required to file paper forms.
Penalties for Fake IDs May Be Severe
It may seem like something that everyone is doing. Your friend says he knows a guy who can get you the perfect fake ID. You will be able to get into the cool clubs or buy beer—nothing too crazy. You are not going to drink too much or get into trouble or anything. You just deserve to have a good time, right?
Wrong
Possession of a fraudulent identification card, or fake ID, in Illinois is a crime, regardless of how it may be utilized. In addition, fake IDs are often used to facilitate underage drinking , which can also result in serious legal and criminal consequences.
Under Illinois law , a fraudulent identification card refers to an ID card of any type purporting to be official identification, “for which a computerized number and file have not been created by the Secretary of State, the United States Government or any state or political subdivision thereof or any other governmental or quasi-governmental organization.” Additionally, any such card which resembles an official ID card in size, color, print, or design is considered, for purposes of the law, to be a fake ID.
