Month: June 2017
Common Misconceptions About Your Miranda Rights
If you have ever watched a crime-related television program, you know that most episodes end with a suspect in handcuffs and, as the screen fades to black, you can hear the arresting officer begin to say, “You have the right to remain silent.” Thanks to this type of depiction in entertainment, most people are aware
Illinois Case Raises Questions Regarding Urine Tests in DUI Cases
Over the last few years, there has been a great deal of discussion regarding implied consent laws and the ability of law enforcement to force a driver to submit to blood-alcohol content (BAC) testing. The issue is multifaceted, as with many subjects in the realm of criminal law, but the debate boiled down to two
Determining a Defendant’s Fitness to Stand Trial
Illinois law presumes that a criminal defendant facing charges for assault or another crime is fit to be tried and receive a sentence. However, the law also recognizes that circumstances might render a defendant unable to comprehend the proceedings against him or to help with his own case. If the defendant has a mental or physical condition that raises
First-Time DUI Offenders Have Options under Illinois Law
Charges of driving under the influence are always serious. Intoxicated driving creates significant danger not only to the drunk driver, but to anyone else who may be sharing the road. As such, penalties for DUI can be severe, even for a first offense. However, in an effort to prevent future violations, provisions in Illinois may
Illinois Governor Signs Bail Reform Measure
If you were to ask several random people to list the top three current problems with our criminal justice system, there is a good chance that many of the respondents would include overcrowded jails and prisons in their list. The concern over the nation’s large prison population is certainly founded in truth, and while the issue
Illinois Law Protects Those Who Seek Help in Overdose Situations
Over the last several years, the number of deaths associated with drug overdoses has skyrocketed. In 2015, more than 52,400 individuals died as the result of a drug overdose. Last year, estimates place the number of deaths at around 59,000. These statistics indicate that overdose deaths now claim more lives each year than auto accidents and shootings. Of
Criminal Arrest Procedures
Criminal prosecution typically begins with an arrest. It is important to understand Illinois law regarding arrest procedures because if the authorities violate a defendant’s rights from the get-go, it could prejudice the state’s case. The following comes into play when a peace officer is allowed to make an arrest: The officer has a warrant ordering that person’s arrest;
Popping Tags Is Still Retail Theft
When the average person thinks about shoplifting—which is a form of retail theft —he or she is likely to envision the offender slipping unpurchased merchandise into a purse, under a shirt, or into a pocket. Shoplifting charges, however, cover a broad range of activities that all deprive the store of full payment for the merchandise. Retail theft costs
Reckless Driving – Will County Criminal Defense
Reckless driving is one of the most frequently charged traffic violations. This is due, however, to the fact that the offense is defined broadly in the law and encompasses a multitude of behaviors. From speeding to failing to slow through a curve or rapid lane changes, reckless driving remains a “go-to” charge for many law enforcement officials.
How Long Does the State Have to Bring Criminal Charges Against You?
Generally, the state must bring criminal charges within a prescribed time period, known as the “statute of limitations.” This time period varies according to the crime allegedly committed, but if a particular statute is silent on the issue, then Illinois law sets forth a general timeframe: Felony charges must be brought within three years of commission, and