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Recent Blog Posts
DNA Testing
For most of the past 30 years, DNA testing has been used only in the most serious criminal cases such as murder and rape. Today, as DNA testing has become faster and cheaper, and offender databases have grown, you might expect police and prosecutors to start using DNA testing on lesser crimes such as burglary and robbery, drug dealing, aggravated assault, or domestic violence. However, given that both state and federal crime labs have large DNA testing backlogs, non-violent offenders currently have a relatively low chance of being caught or convicted on the basis of DNA evidence. This could change over the next few years, though, as DNA testing becomes even more efficient.
Basic Facts on DNA Testing
Since 1987, when the first U.S. criminal was convicted on the basis of DNA evidence, the science has rapidly advanced. Originally, DNA testing required a sample of blood or semen the size of a quarter, then fell to the size of a dime, then to anything visible with the naked eye. Today, DNA testing requires just a few skin cells, commonly referred to as “touch DNA.” DNA testing can be performed on almost any substance shed by the body, including blood, saliva, semen, hair, or skin cells.
How to Get Your Drivers License Reinstated After a DUI Conviction
Losing the ability to legally drive can cause major problems in a person’s life. Getting to and from work, picking up children from school, and even simple tasks like going to the grocery store can be nearly impossible when you are restricted from driving. If you have lost your license after being charged with driving under the influence (DUI), you are probably anxious to get your driver’s license back. There are several tasks which a person must complete before their license can be reinstated. So, what can an Illinois resident do to get his or her Illinois driver’s license back after is has been revoked?
The Driver’s License Reinstatement Process
There are several steps that a person convicted of a DUI in Illinois must do before he or she can gain the ability to legally drive again. Illinois state courts want to ensure that a person convicted of a DUI is not a threat to the public before reinstating his or her license. If you have lost your license after a DUI, you will need to submit to a drug and alcohol evaluation. After the evaluation, you will be classified as minimal risk, moderate risk, or high risk of future drug and/or alcohol abuse. If evidence exists that you have substance abuse problem, you will be required to undergo a substance abuse treatment program and submit a continuing care status report in the future. Once you provide proof of completing the substance abuse program, you can proceed with the license reinstatement process. Even if you do not have an alcohol or drug problem, you will have to participate in a DUI Risk Education class licensed by the Division of Alcoholism and Substance Abuse (DASA).
An Overview of the Illinois Cannabis Control Act
Since 1937, it has been illegal to use or possess marijuana in the United States. California was the first state to legalize marijuana for medicinal purposes and now 33 other states have legalized medical marijuana, including the state of Illinois. Recreational marijuana is also legal in 10 states, though it is still currently illegal in the state of Illinois. Although the law for recreational marijuana in Illinois will be changing soon. There are strict rules for cannabis possession, domestic battery in Illinois, and they are all laid out in the Illinois Cannabis Control Act. In this day and age where the lines between legal and illegal marijuana possession are often blurred, it is important to understand the consequences for illegal acts involving cannabis.
Possession of Cannabis
In Illinois, possession of cannabis has somewhat been decriminalized. Possessing small amounts (less than 10 grams) of marijuana only results in a $100-$200 fine now, rather than criminal charges. If you possess more than 10 grams of marijuana, you could be charged with either a misdemeanor or felony, depending on the amount. The amounts and charges for possession are as follows:
What Circumstances Lead to Domestic Violence Charges in Illinois
Illinois police respond to roughly 120,000 domestic violence calls that result in criminal charges each year. In the majority of those cases, the offender is charged with domestic battery, meaning that one member of a family or household physically attacked another member. A review of arrest data for Will County and the state of Illinois provides an interesting perspective on the circumstances that generally lead to crimes of domestic violence.
Illinois Statistics on Domestic Battery and Related Crimes
The Crime in Illinois report reveals that more than half of all domestic crime cases involve couples who are not married but have dated, lived together, or share a child together. Parent/child cases represent about 20% of domestic crimes, spouses or ex-spouses 15%, and other family members such as siblings 11%.
Where a domestic battery incident resulted in obvious physical injury, the injuries were severe in just 2% of reported cases. Severe injuries include loss of teeth, unconsciousness, broken bones, possible internal injuries, and severe lacerations. However, be aware that you can be charged with domestic battery even if the victim shows no signs of injury. Proof that you made physical contact with the victim is enough to support a conviction.
Illinois Lawmakers Send Recreational Marijuana Bill to Governor
No other substance has created as much controversy in recent years as marijuana has. Many states have legalized the medical and/or recreational use of marijuana, and now it looks like Illinois will join the legal recreational cannabis ranks. The only step left is for Governor J.B. Pritzker to sign the bill and turn it into law. It is important for Illinois residents to understand exactly what this proposed law will entail as well as when it goes into effect. While it appears as if recreational marijuana in Illinois will soon be a reality in Illinois, cannabis possession and sale is still against the law for many Illinois residents in the meantime.
Medical Marijuana is Currently Only Available to Qualifying Individuals in Illinois
Illinois currently has 55 medical marijuana dispensaries across the state. These dispensaries are not available to everyone, however. Only individuals with one of several severe medical conditions can currently obtain medical marijuana. These conditions include things like cancer, AIDS, multiple sclerosis, post-traumatic stress disorder, and traumatic brain injury. Individuals who struggle with opioid dependence may also be eligible for medical marijuana.
Tips for Interacting with Police During a Traffic Stop
Nobody likes interacting with police. Even if it is just a simple traffic stop, many drivers feel a surge of anxiety when they see flashing red and blue lights behind them. When you do interact with police, there are certain things which you should avoid doing. Following a few simple rules can help you minimize problems stemming from a police interaction. When you hear sirens or see flashing lights in your rearview mirror, make sure to keep the following rules in mind.
Do Not Keep Driving When You Are Being Pulled Over
If police are attempting to pull you over, never ignore them. According to Illinois law, fleeing or evading police is a crime. If police give you a signal to pull over and you increase speed or extinguish your lights, you can be arrested on an evasion charge. You can wait until it is safe to pull over, but do not wait too long. Pulling over without delay can also lessen the chances of further angering a frustrated or annoyed police officer. Use your turn signal when you are changing lanes and pull over as far to the right as possible.
Will a Speeding Ticket Increase My Car Insurance Rates
Everyone who owns a car knows that car insurance is not cheap, and if you have a less-than-perfect driving record, your premiums may be even more expensive. Car insurance companies will check your record before you enroll with them, and they will also typically check your record when it is time to renew your policy.
Speeding is one of the most common reasons why police officers pull people over and it is also a common reason for car insurance premiums to fluctuate, but not all speeding tickets were created equally, so to speak. Some speeding tickets may not even change your rate, while others—typically misdemeanor speeding violations —could cause your rates to skyrocket.
How Much Will My Rate Increase?
The short answer is that there is really no way to know how much your insurance rates will go up unless you talk directly with your insurance company. There are a number of factors that go into deciding how much your insurance premium is each month. Two main factors—the insurance company you use and your driving record—will be the biggest indicators of how much your rate will go up. Typically, you can expect your insurance rates to increase by about 13 percent after you receive a speeding ticket, though that can change depending on the severity of the speeding ticket. For example, receiving a speeding ticket for driving 10 mph over the speed limit is only a traffic citation, whereas if you receive a ticket for speeding 25 mph over the speed limit, the offense is a misdemeanor and will likely result in a higher increase in your rate.
New Illinois Law Bans Synthetic Drugs that Mimic Marijuana, Cocaine
New illegal drugs appear on the streets every few years, necessitating new laws on drug possession distribution, and manufacturing. In the current decade, law enforcement has had to deal with the rise of synthetic drug manufacturing, including synthetic cocaine, known as bath salts, and synthetic marijuana, known as K2 or Spice. Because drug laws generally ban a specific chemical compound, manufacturers could sometimes skirt the law simply by modifying their formulas. To eliminate this loophole, Illinois legislators recently passed a new law with a broader definition of synthetic drugs.
The Dangers of Synthetic Drugs
Synthetic cathinones, or bath salts, are formulated to deliver a short-lived but intense feeling of energy and euphoria, similar to that produced by cocaine or methamphetamine These products are generally sold as a fine powder that can be swallowed, snorted, or injected. Their dangerous side effects—including paranoia, hallucinations, and violent behavior—have been reported to require hospitalization for as long as two weeks.
The Significance of Knowingly in Possession of Drugs
In previous posts, we have discussed the two different types of drug possession criminal charges in Illinois: actual possession and constructive possession. Understanding the difference between these two charges is vital for knowing how to defend against such charges. It is also very important for Illinois residents accused of drug possession to understand how the word “knowingly” is used in the law. In order for prosecutors to convict a criminal defendant of a drug-related charge, they must prove several elements are true, including that the defendant knew he or she was in possession of drugs. If prosecutors cannot prove beyond a reasonable doubt that the defendant intentionally had possession of an illicit substance, the defendant may be cleared of the charges.
Actual Possession and Constructive Possession
A criminal defendant in Illinois is charged with actual possession when he or she is found in physical possession of a controlled substance. For example, if police find a baggie of cocaine in a defendant’s pocket or purse, this is likely an actual possession of a controlled substance offense. On the other hand, constructive possession of a controlled substance refers to situations in which a person does not have the drugs on his or her person, but there are drugs in a location that he or she has control over.
Four Types of Credit Card Fraud and Their Consequences
In today’s world, most people own at least one credit or debit card, and many people own multiple cards. According to the American Banking Association, there were 364 million credit card accounts open in the United States in 2017. Though new technology is always being developed to prevent credit card fraud, it is still an issue. The Federal Trade Commission estimates that around 42 percent of all identity theft complaints are related to credit card fraud. Credit card fraud is a serious crime in Illinois and can result in criminal charges, which are commonly felony charges. Many people do not know that credit card fraud comes in many forms. Here are four types of credit card fraud and the consequences for committing them:
1. Making a False Statement to Procure a Credit Card
You can be charged with credit card fraud if you lie about certain details on a credit card application. Typically, those who are charged with this type of credit card fraud use another person’s name or social security number to apply for the credit card. Sometimes people also lie about their address or employment on applications, which can also earn you a fraud charge. This type of credit card fraud is a Class 4 felony, which carries one to three years in prison and up to $25,000 in fines.
