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Illinois Child Endangerment Laws and Consequences

 Posted on April 04, 2019 in Uncategorized

Almost everything that Illinois courts do with issues pertaining to children is in the child’s best interests and to protect the child’s wellbeing. Illinois courts believe that children have an inherent right to have loving, safe and caring homes, which is why any and all accusations of child abuse, neglect and endangerment are taken very seriously. Being accused of child endangerment is a serious situation. Not only will you face criminal charges and punishments, but you will also face stigma from friends, family, coworkers and other people who access your criminal record.

What is Child Endangerment?

According to Illinois law, child endangerment occurs when a person knowingly “causes or permits a child to be placed in circumstances that endanger the child’s life or health.” Though this is a rather vague statement, it is typically understood that child endangerment charges are entered when a person puts a child in immediate danger. Common examples of child endangerment include:

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Disorderly Conduct for Filing a False Police Report

 Posted on April 03, 2019 in Uncategorized

Earlier this year, headlines across the country were ablaze with reports that an actor had been attacked outside a sandwich shop in the Streeterville neighborhood of Chicago. The actor, an openly gay African-American, reported to Chicago police that he was walking to his apartment when two men approached him, hit him, and put a noose around his neck, all while yelling homophobic and racial slurs and making references to President Donald Trump’s “Make America Great Again” campaign slogan.

Holes in the Story

In the weeks that followed, details of the story began to fall apart, and authorities started to believe that the actor orchestrated the staged attack. An investigation suggested that the “victim” had paid two men to fake an attack, but his motives for doing so were unclear. The actor was eventually arrested and charged with one count of disorderly conduct for making a false report to police. When additional evidence was presented to a Cook County grand jury in early March, the Grand jury came back with 15 additional counts, one for each statement made to police.

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What is Considered an Unlawful Vehicle Search by Police?

 Posted on March 20, 2019 in Uncategorized

In the United States, certain limitations are placed on how and when police can search a person’s private property. The Fourth Amendment to the U.S. Constitution says that citizens have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that no search warrants should be issued “but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” If evidence used against you in a criminal proceeding was obtained via an unlawful search, the evidence, or entire case, may be dismissed.

Police Can Search Your Car if You Give Them Consent

There are several ways that police have the authority to search an individual’s personal property. One of these is if the owner of the property gives the police consent or permission. For example, if you are pulled over for a traffic infraction and the police ask if they can search your vehicle and you say yes, this is a lawful search. Police may ask in a roundabout way to search your vehicle, saying something like, “You do not mind if I take a look around, do you?” Consenting to vehicle searches automatically makes them legal in the eyes of the law. Citizens do have the right to refuse an officer’s request to search their vehicle, but saying no will not necessarily stop the search from occurring.

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Types of Driver Distractions and Consequences for Distracted Driving

 Posted on March 19, 2019 in Uncategorized

There has been much research conducted on the ability and effectiveness of humans when they multitask. Though many people still say they are good at multitasking, the consensus is that humans cannot multitask efficiently. We often make mistakes when we multitask and we have to go back to figure out what other task we were doing. When it comes to driving, we already have a plethora of tasks to do behind the wheel. Make sure you are going at an appropriate speed, periodically check your rearview and side mirrors, constantly scan the road in front of you, pay attention to other drivers - the list goes on. When we allow other things to distract us while we are driving, that just adds one more thing to the list. Distracted driving is not tolerated in Illinois and you could face serious consequences if you are caught.

Types of Distractions

There are many types of distractions that could take away your attention from driving. The National Highway Traffic Safety Administration (NHTSA) states that they are three main type of distractions:

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Truck Drivers at Risk of Arrest as Police Cannot Differentiate Legal Hemp from Illegal Marijuana

 Posted on March 18, 2019 in Uncategorized

Law enforcement officials across the country are struggling to adapt to the provisions of the 2018 Farm Bill that differentiated hemp, now an agricultural commodity, from marijuana, which remains a Schedule 1 controlled substance. The Farm Bill legalized the regulated production of hemp as well as the interstate transport of hemp. As a result of police confusion, there have already been two highly publicized cases of confusion in early 2019. In both cases, interstate truckers were wrongfully arrested on marijuana trafficking charges when their cargo was actually legal hemp.

Differentiating Industrial Hemp from Illegal Marijuana

The main problem is that hemp and marijuana are just different strains of the Cannabis sativa L. plant, varying primarily in their THC content. Neither police officers nor drug-sniffing dogs nor quick “does it contain any THC?” roadside tests can tell the difference. Legal hemp and illegal marijuana look the same and smell the same. Chemical testing of an 18,000-pound load of hemp may take weeks, in part due to backlogs at testing labs, by which point a semitrailer of plant material worth over $500,000 may be unsaleable.

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When is Theft Considered a Felony in Illinois?

 Posted on March 16, 2019 in Uncategorized

Shoplifting is often seen as a minor criminal offense by the general public. Many adults remember attempting to steal a candy bar as a child or know somebody who has swiped a lipstick or two from a drug store. These instances of theft may seem harmless, but stealing is not a victimless crime. Retail stores are constantly looking for ways to mitigate the losses from shoplifting and states are increasingly becoming stricter with punitive consequences for theft. Furthermore, shoplifting high-value items can be considered a felony offense in Illinois. If you have been charged with theft in Illinois, you may be facing a felony which can have life-altering consequences.

Defining Theft as Per Illinois Law

Illinois Statute 720 ILCS 5/16-1 defines theft as obtaining someone else’s property through deception, threat, or without consent. A person may also be charged with theft if he or she knowing buys or otherwise obtains stolen property. The severity of punishment for those convicted of theft is typically determined by the total value of the property that was stolen. If the item which was stolen costs less than $500, it is typically considered a Class A misdemeanor offense. This is punishable by less than one year in prison and up to $2,500 in fines.

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Is a Medical Condition or Act of God a Valid DUI Defense?

 Posted on March 15, 2019 in Uncategorized

If you have been charged aggravated driving under the influence (DUI) because you caused an accident in which other people were seriously were seriously injured, you may feel there are extenuating circumstances that should be considered in your case. Whenever there are unusual circumstances in a legal case, it may be worth taking the case to trial so that all the facts can be laid out for a judge or jury to consider. Even if you are still found guilty, mitigating circumstances can be considered in sentencing.

However, your attorney will also carefully investigate the law and any case precedents to determine your chances of winning.

A Recent Example

A recent Illinois case provides a useful illustration of these principles. This defendant was charged with aggravated DUI because she caused a collision with injuries, and she tested positive for marijuana. In her defense, the woman argued that she was not impaired by marijuana at the time, although she admitted to illegal marijuana use in the past. Instead, she argued, her medical condition of low blood pressure had caused her to lose consciousness, leading to the collision.

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Chemical Blood Alcohol Content Tests

 Posted on March 14, 2019 in Uncategorized

If you have ever been pulled over on suspicion o f driving under the influence (DUI) then you may have had experience with a breathalyzer. Technically, the term “breathalyzer” is a brand name for a specific type of breath alcohol test, but the word is also used to refer to generic devices for estimating blood alcohol content (BAC). There is quite a bit of confusion about breath tests and the legal consequences of failing a breath test. Some people say you can refuse a breath test while others say you cannot. Read on to learn about Illinois DUI law and what to expect if you are ever asked to breathe into a breathalyzer.

Can I Refuse a Breath Alcohol Test?

The answer to whether or not a person can refuse a breath alcohol test and whether one should refuse a breath test are different. Technically, if a police officer pulls over a suspected drunk driver and tells him or her to submit to a chemical BAC test, the driver can say no. The police are not going to forcibly make the driver take the test.

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Proposed Illinois Bill Aims to Tighten Gun Laws in Wake of Recent Shooting

 Posted on March 13, 2019 in Uncategorized

One of the most well-known mass shootings in the United States happened at Columbine High School in Littleton, Colorado in 1999. Two teenage boys managed to kill 13 people and injure more than 20 others before they shot themselves. Since then, there have been dozens upon dozens of mass shootings, killing hundreds of people and injuring thousands of others. One of the most recent mass shootings happened in Aurora, IL on February 15 of this year and has now sparked gun law reform in Illinois.

Man Starts Shooting Workplace Because of Termination

A mass shooting took place in Aurora, IL at the Henry Pratt Co. after an employee discovered he was being fired from his job. The man was determined to be Gary Martin, 45, who killed five people and injured several more at his place of employment. Martin was being terminated for breaking a company rule. Martin had illegally purchased a .40-caliber handgun, even though he had been convicted of a felony in a different state and used that gun to commit the shooting. Records show that he successfully obtained an Illinois firearm owner’s identification card (FOID) in 2014, even though he was ineligible to receive one.

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Can Illinois Police Still Seize Assets Used in Crimes?

 Posted on March 12, 2019 in Uncategorized

Both the state of Illinois and the U.S. Supreme Court have taken action recently to protect citizens from the unreasonable seizure of personal property allegedly used in the commission of or obtained with the profits of criminal activities such as drug possession and sales. The Illinois law took effect July 1, 2018, while the U.S. Supreme Court ruling was handed down on February 20, 2019.

These reforms are a welcome response to widespread concerns that law enforcement agencies have abused the power given to them by civil asset forfeiture laws at both the state and federal levels. These laws permit a law enforcement agency to seize private property involved in a crime even though the owner of the property has not yet been convicted or even charged with a crime. In some cases, the property owner was not even aware that their car or home was in any way associated with the commission of a crime.

In many cases, the assets seized by police are excessive relative to the severity of the crime. Is it fair, for example, for the police to seize a $40,000 car used to transport and sell $400 worth of drugs when the maximum fine for this crime is $10,000? In Illinois alone, asset seizures have reportedly exceeded $30 million per year.

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