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Recent Blog Posts
Treatment Over Jail for Illinois Veterans Facing Criminal Charges
Men and women who bravely entered military service and now bear the scars of that service deserve special care. Nearly 4 million Americans have served in the post-9/11 military, including the wars in Iraq and Afghanistan. One in three of them has a service-connected disability, roughly one in five suffers from PTSD, and many have substance abuse disorders. Thus, when a veteran commits a crime, such as drug possession, the courts should take the effects of their military service into account.
The Will County Veterans Court was created to ensure that those who have faithfully served our country are given the option of treatment over criminal punishment. Those who successfully complete their treatment program will have all criminal charges dismissed.
Illinois Probation Rules: Make Sure You Follow Them
When it comes to sentencing those who have been found guilty of a criminal act, probation is definitely one of the more favorable outcomes. Probation is an alternative to prison time, where a person is allowed to return home and live their normal life, rather than be confined behind bars. In Illinois, there are a few rules and requirements that those sentenced with probation are required to follow. Violating any of the rules or requirements can result in further consequences, which in some cases means jail time. If you are facing a sentence of probation, you should know what is expected of you during that time.
Forbidden Acts
Most of the limitations that a probation sentence brings are things that you are not permitted to do during your sentence. At the very basic level, if you are on probation, you must not:
- Violate any criminal statute of any jurisdiction;
Possession of a Controlled Substance vs. Intent to Deliver
Over 63,600 Americans died due to drug overdoses in 2016 and approximately 2,400 of those individuals were Illinois residents. Because of the great risk that illegal drugs pose to the community, Illinois takes drug crimes very seriously. The Illinois Controlled Substances Act criminalizes the possession, manufacture and delivery of controlled substances, including heroin, cocaine, morphine, ketamine, and more. In Illinois, there are two separate crimes which can result from the unlawful possession of a controlled substance: Possession of a controlled substance and possession of a controlled substance with intent to manufacture or deliver.
Possession with Intent to Deliver is Punished More Severely
A regular possession conviction can lead to significant fines and even jail time. A possession with intent to sell or deliver conviction carrier even harsher penalties. If you were caught with a large quantity of illicit drugs, you may be charged with intent to deliver. Having items like a scale or small bags in your possession along with the drugs can make it appear as if you intend to sell them. Large amounts of cash can also indicate to law enforcement that you have sold the illicit substances. There are several ways an experienced criminal defense attorney can fight possession or intent to deliver charges, including proving that the police search which discovered the substances was an unlawful search or that the drugs were not knowingly in your possession.
Illinois Juvenile Law - Five Things to Know If Your Teenager Is Arrested
When Illinois police arrest a minor under 18 years old, they follow the procedures of the Illinois juvenile justice system rather than the law enforcement and judicial procedures defined for adults. Here are five things you need to know about Illinois juvenile delinquency law if your preteen or teenager is arrested.
- When a minor is arrested in Illinois, both child and parent have special legal rights. For example, the minor has a right to talk to their parents prior to questioning and to have their parents present during questioning; likewise, the parents have the right to be with their child. Overall, a child has the same constitutional rights as an adult plus additional protections afforded to minors.
- When any law enforcement officer arrests a minor without a warrant, they must take the minor to the nearest specially-trained juvenile police officer.
- Illinois law authorizes juvenile police officers to handle juvenile offenses through immediate intervention procedures. The officer may issue an informal station adjustment which places conditions on the juvenile such as a curfew, staying away from certain people or places, or performing up to 25 hours of community service. A formal station adjustment requires both the juvenile and their parent to sign an agreement in which the juvenile admits their offense and agrees to comply with conditions such as payment of restitution, reporting to a police officer at designated times, or performing up to 25 hours of community service. If the minor or their parent refuses a formal station adjustment, the matter will be referred to juvenile court.
Embezzlement Can Become a Serious Felony Charge Very Quickly
In the state of Illinois, embezzlement is considered a very serious crime. Embezzlement is a form of white-collar crime that often occurs within the context of employee/employer relationships. Embezzlement is also considered to be a theft crime, which is also how it is prosecuted in the state of Illinois. If you are charged with embezzlement, you can face jail time and fines, and you could even be forced to repay any money that you have embezzled. If you are facing charges for embezzlement, it is highly recommended that you get help from a lawyer who is knowledgeable about white-collar crime.
What is Embezzlement?
The federal government has defined embezzlement as “fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.” In the state of Illinois, embezzlement is charged under the general theft statute, though embezzlement cases must meet certain criteria. The prosecutor must prove that:
FBI Warns Against Making Hoax Threats Online
Saying the wrong thing online can get you in far bigger trouble than you might realize. A few months ago, we wrote about criminals caught by law enforcement through Instagram or Youtube. This year, there is growing concern about people who make threats of violence via email, text, or social media, even if the threats turn out to be a hoax or if the threat-maker did not intend their statements to be taken seriously.
The FBI warns that is a federal crime to make threatening interstate communications, punishable by up to five years in federal prison. In Illinois, you could also be charged with the state crime of harassment through electronic communications (720 ILCS 5/26.5), which is a Class 4 felony if:
- You threaten to kill someone.
- You are at least 18 years old and send harassing or threatening messages to someone under 18 years old.
Possible Defenses Against Driving Under the Influence (DUI) Charges
Across the country, police officers are cracking down on drunk driving. In 2016 alone, over 1 million drivers were arrested for driving under the influence of alcohol and/or narcotics. If you have been charged with a DUI in Illinois, you may be unsure of what to do next. The penalties for a drunk driving conviction vary depending on the circumstances of the offense as well as the criminal history of the alleged offender, but everyone who is charged with a DUI is facing a possible drivers license suspension. If you have been charged with a DUI, read on to learn about some of the most common defenses to DUI charges.
Drunk Driving Defenses
A drunk driving conviction can lead to expensive fines, the loss of driving privileges, and jail time. However, a solid defense can help you avoid a conviction. Some of the most common defenses to drunk driving charges include:
Four Things You Should Know if You Are Arrested in Illinois
Police officers are supposed to be people whom we go to when we need help or protection. Despite that, most people still get nervous when in the presence of authorities such as the police. Even if you did not do anything wrong, many people get anxious if a police officer stops them. Resisting a police officer is a criminal offense that carries serious penalties, so it is important that you know what to do and not do when you are detained by a police officer.
Knowing your own rights and the rights of police officers during an arrest can save you some confusion if you are ever arrested. Here are a few things you should know in the event you are arrested and charged with a crime:
- Do not resist the officer. Resisting arrest is a crime that is punishable by jail time and/or fines. If you are stopped by a police officer, you are allowed to ask them if you are free to go, but if the answer is “no”, you are being detained. Being detained is not the same as being arrested, but you should completely comply with the officer’s requests. Do not resist the officer or disobey his or her orders or you may end up in bigger trouble.
Understanding Your Miranda Rights
If you have ever been arrested, or even just watched a television show about police, you have probably heard the Miranda Warning. The Miranda Warning, or Miranda Rights, is a notification given by police to individuals suspected of a crime. Anyone who is in police custody or a custodial interrogation must be advised of their right to silence among other rights. The main purpose of the Miranda Warning is to ensure the admissibility of statements made by criminal defendants during an interrogation in the eventual criminal proceedings. If a suspect is not read their Miranda Rights before being questioned, it is possible that the confession or statements made by the suspect can become unusable in court.
You Have the Right to Remain Silent
Although the language used in a Miranda Warning can vary between jurisdictions, they all contain the same elements. Most people know that the beginning of the Miranda Warning begins with, “You have the right to remain silent. Anything you say can and will be used against you in court.” Most lawyers would advise anyone accused of a crime to take advantage of this right to silence. Police have methods of interrogation that can be misleading. Contrary to popular belief, police officers are allowed to lie to you. They may tell a defendant, for example, that another suspect has named him when in reality, no one has named them. Avoiding self-incriminating statements is critically important for any criminal defendant.
Swatting - False 911 Calls Have Serious Consequences
The making of false 911 calls purposely intended to mobilize an armed police SWAT team has become a frightening trend in the U.S. The estimated number of “swatting” incidents has more than doubled since 2011, according to one former FBI agent. Someone who commits the crime of swatting will face severe consequences ranging from a state charge of disorderly conduct for making a false police report to federal charges under the False Information and Hoaxes Act. Anyone accused of making a false police report should consult an experienced criminal defense lawyer.
California Swatter Sentenced to 20 Years in Federal Prison
The most famous swatting case to date involves a 26-year-old California man who made dozens of false 911 calls reporting bombs, murders, and other acts of violence. One of these calls resulted in the death of an innocent Kansas man when a SWAT team raided his home. The Californian pled guilty to 51 federal charges related to his false reports of bombs, murders, and other acts of violence. He now faces at least 20 years in prison.
