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Recent Blog Posts
What Are the Differences Between State and Federal Drug Crimes
In news reports of major drug crimes, you may have noticed that the offenders are sometimes arrested by federal authorities, charged with federal crimes, prosecuted in the federal court system, and sentenced to federal prison. In other cases, the offenders are arrested by state or county officers, charged with violation of a state law, prosecuted in the state’s circuit court system, and sentenced to state prison. However, these reports usually do not explain why the offenders are being charged with a federal as opposed to a state crime.
Illinois has a Controlled Substances Act that closely mirrors the federal Controlled Substances Act. But, why does the state need a law if a federal law already exists? One reason is that state authorities may wish to act more quickly than the federal government in changing drug laws. A good example of this is the recent easing of penalties for marijuana possession in many states. Some states, like Illinois, have also been leaders in creating alternative sentencing programs for drug-addicted offenders that offer the option of a supervised treatment and rehabilitation program rather than prison.
DUI Laws You Should Be Aware Of
Most people know that the “magic number” when it comes to drinking and driving is 0.08 percent blood alcohol content (BAC). If you are driving and a police-administered Breathalyzer shows your BAC is above 0.08 percent, you are legally driving under the influence. However, DUI laws are not all this straightforward. Some individuals have even been charged with a DUI and they did not know they were breaking the law! One of the best ways to avoid a criminal DUI charge is to fully understand Illinois DUI law and your rights as a citizen. If you have been arrested for drinking and driving, legal guidance from a qualified criminal defense attorney can be a tremendously valuable asset.
Under the Legal Limit
Although the 0.08 percent BAC standard applies to most DUI situations, the rule is not the only way that person could face penalties. A driver could still be charged with driving under the influence in Illinois with a BAC under the legal limit, if prescription drugs or illegal drugs were present. In addition, drivers under the age of 21 can face stiff license penalties even if they are under the .08 BAC limit. Many young people experiment with alcohol before they are of legal age to do so. However, driving with even a small amount of alcohol in your system can result in punitive license consequences. For those drivers under age 21, a BAC of even just 0.01 percent is considered a failed test and can result in a license suspension under a zero tolerance administrative action.
Understanding Common Violent Crimes Committed in Illinois
The Federal Bureau of Investigation (FBI) defines violent crime as any crime that involves the use of force or the threat of force. Violent crime was once a very big issue in the United States and was cause for much concern at its peak in the 1990s. According to information from the FBI and the Bureau of Justice Statistics, violent crime in the U.S. has fallen anywhere from 49 percent to 74 percent between 1993 and 2017. Though this is an advancement, violent crime is still all too common and occurs in common forms. Here are a few common types of violent crimes in the United States:
Assault and Battery
Assault and battery are two of the most common violent crimes committed. It makes sense to talk about them together because they are very much interrelated. Assault occurs when you perform an activity that places another person in danger of being physically hurt. Battery occurs when you cause bodily harm or make physical contact with another in an insulting or provoking nature. Both crimes can be elevated to aggravated charges for a number of reasons, including using a firearm during the crime or committing the crime against a certain person or in a certain place.
What Is the Maximum Sentence for Juvenile Crimes in Illinois
When a juvenile commits a felony crime such as murder, do they deserve to spend the rest of their life in prison? A recent Illinois Supreme Court decision says “no.”
The U.S. Supreme Court had already ruled in 2012 that mandatory life sentences for juveniles who commit murder are unconstitutional under the Eighth Amendment prohibition of cruel and unusual punishment. In 2017, the Illinois Supreme Court ruled that discretionary sentences of life without parole and de facto life sentences are also prohibited. The question remained, however, as to what length of sentence should be deemed an “in fact” life sentence. This question was recently addressed by the Illinois Supreme Court in the 2019 case of People v. Buffer, 2019 IL 122327.
Juvenile Crime
When a juvenile is taken into police custody for violating the law, the police and state’s attorney can take one of two paths. They can reach an informal agreement at the police station with the juvenile and his parents, or they can file formal charges and take the case before a juvenile court judge. An informal disposition for a juvenile crime can take the form of a station adjustment or a probation adjustment.
How Does Illinois Define a Juvenile?
Under Illinois law effective January 1, 2014, a minor who commits a crime prior to his 18th birthday is treated as a juvenile and processed through the juvenile court system. A person may remain under the supervision of the juvenile courts until they reach age 21. There are two exceptions to this rule. First, violations of traffic, boating, and fish and game laws are handled by the adult courts. Second, a minor at least 16 years of age who commits a violent felony such as first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm will be prosecuted as an adult.
What is the Difference Between Battery and Domestic Battery Charges in Illinois
According to the CDC, approximately one in four women and one in seven men will be the victim of severe physical violence by an intimate partner in their lifetime. Many U.S states have increased penalties for crimes committed against intimate partners or family members. In Illinois, domestic violence domestic violence is prosecuted heavily. Those convicted of a domestic violence-related crime can face years behind bars and a lifetime of stigma. If you have been charged with domestic battery or another domestic offense, it is crucial that you understand the charges placed against you and the possible penalties you face.
When is Battery Considered “Domestic Battery”?
Although they are two different crimes, we often hear the term “battery” along with “assault.” This is because Illinois law defines assault as "conduct which places another in reasonable apprehension of receiving a battery.” Battery is defined as “conduct causing bodily harm to another person” or physical contact with another which is “insulting, provocative, or unwanted.” In order for a battery to be considered domestic battery, the alleged offense must be perpetrated against a family member or household member. In Illinois, domestic violence includes violence against a
Who Qualifies for Criminal Record Expungement in Illinois
It can be incredibly rewarding for those with a criminal past to leave their life of crime behind them – both literally and figuratively. One way to move on from past mistakes or false allegations is to have your criminal history cleared through an expungement. Even if your case was dismissed, the only way to officially remove the record of your arrest is through an expungement. Not all offenses, however, nor is everyone eligible for an expungement. Only those who meet certain state qualifications can have their records expunged. When the expungement process is complete, your criminal records are either physically destroyed or returned to you. The Expungement process also removes the defendant’s name from public criminal records.
Criteria for Potential Expungement
To request an expungement in Illinois, the arrest or the offense in question must meet certain criteria. Typically, only offenses that did not result in a conviction are eligible for expungement. Items that can be expunged include:
Is it Legal for Police to Use a Drug-Sniffing Dog During a Traffic Stop
It is widely known that dogs have a much more sophisticated olfactory system that humans do. Their sense of smell is anywhere between 10,000 and 100,000 times better than that of humans, so it makes sense that dogs are used in a variety of different professions. Some of the most well-known working dogs are those that are used to help police officers detect and locate illicit drugs. It is not uncommon for police to use a drug-sniffing dog, during traffic stops but does that mean it is legal?
Fourth Amendment Rights
The biggest concern with the use of drug-sniffing dogs is infringing on individual’s rights given by the Fourth Amendment to the U.S. Constitution. The Fourth Amendment states that U.S. citizens have the right to be secure against “unreasonable searches and seizures” of their “persons, houses, papers and effects.” The Amendment also states that a warrant brought about by probable cause should be used to justify any search or seizure of their assets.
What Should a Parent Expect from a Juvenile Defense Attorney
When your child gets arrested, it is normal to feel angry and upset. However, being too emotional can make it hard to communicate effectively with your child, the police, and your child’s lawyer. It is important to remain calm so that you can work effectively with your juvenile defense lawyer to obtain the best possible outcome for your child. If you have not worked with a lawyer before, four things you can expect from a juvenile defense lawyer are the protection of your child’s legal rights, simple explanations of the process, a thorough investigation of the circumstances of your child’s case, and appropriate recommendations for your child’s defense.
Protection of Your Child’s Legal Rights
The first thing your child’s lawyer should do is make sure you and your child understand your legal rights within the Illinois juvenile justice system. For example, your child has the same rights as an adult to remain silent and to have a lawyer at their side to counsel them during any questioning by the police or the state’s attorney. Your child also has the right to have a parent or other adult family member with them during questioning.
Understanding Breath Alcohol Ignition Interlock Devices
Illinois drivers who are caught driving under the influence of alcohol (DUI) are subject to an automatic suspension of their driver’s license. Failing a blood alcohol content (BAC) test will cause a first-time DUI offender to lose his or her ability to legally drive for six months through a statutory summary suspension. A DUI offender who refuses a Breathalyzer test or a person who fails a test for the second time will have their license suspended for 12 months.
However, there are a few ways you can regain your ability to drive after being charged with a DUI. One way is through a Monitoring Device Driving Permit (MDDP) and another is through a Restricted Driving Permit (RDP). Both of these permits allows a person convicted of a DUI to regain their ability to legally drive before the end of the license suspension. In order to qualify for either of these special permits, you must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle.
