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Recent Blog Posts
Handling a Traffic Citation in Illinois
For many people, an occasional traffic ticket is viewed as little more than one of the costs of a driving a car. They make their car payments, pay their insurance premiums, and, once in a while, pay a fine for speeding or running a red light. Others, however, take traffic violations much more seriously, and, to a certain extent, rightly so. Accumulating too many citations can lead to the suspension of your driving privilege, creating serious challenges to your ability to work, travel, and care for your family. It is important to understand your rights and responsibilities when you have been issued a traffic citation, and a defense attorney can help you through the process.
Sign and Drive
Prior to 2015, being cited for a traffic violation meant that you could be forced to surrender your driver’s license to the issuing officer as security that you would respond to your ticket. Your license would be returned if and when you paid your fine, appeared in court to dispute the citation, or provided a cash bond at the police station in place of your license.
Illinois DUI Breathalyzer Tests
When you drive on Illinois roads and highways, you assume certain responsibilities for following the rules of the road and protecting the safety of those around you. As you know, law enforcement officials are regularly on the lookout for those who may be driving under the influence of alcohol or drugs. If you have been pulled over by police for any reason, and the officer has a reason to believe you may be impaired, he or she will probably ask you to submit to a chemical test that measures your blood-alcohol content (BAC). While refusing a BAC test is an option, it’s important to understand the State’s potential penalties for doing so.
Preliminary Breath Tests and Post-Arrest Breath Tests
If you are asked to submit to a chemical test, a breathalyzer is the most common form. During a DUI investigation, that is while the officer is evaluating you during a traffic stop, a PBT or preliminary breath test might be offered to you if he suspects you have been drinking. While this type of breath test is deemed unreliable by criminal courts, officers can still request that you take this test and they will use it in making a determination of whether you are under the influence of alcohol. You have every right to politely decline a PBT, with no direct consequences of your license. In fact, if you have had too much to drink, it is advisable that you refuse this test.
Are You Facing Assault Charges in Illinois?
One of the most confusing aspects of the law is the way in which certain words are used. In many instances, the legal definition of a word may be very different from its everyday meaning to the average person. The primary reason for this reality is that, under the law, words must be defined very carefully and in such a way that they can be understood throughout a given jurisdiction. Failure to do so can cause significant confusion for law enforcement, judges, attorneys, juries, and defendants. A common example of a word used differently in casual conversation and legal terminology is the word “assault.” The meaning of assault according to the Illinois Criminal Code is not exactly what you might think it is.
Defining Assault
When you talk about an assault in a normal conversation, you are most likely referring to a situation in which one party—an individual, military squad, or other group—attacked and inflicted violence on another party. “I saw the man assault that girl.” “The SWAT team conducted a nighttime assault on the suspect’s compound.” In most cases, its intended definition is pretty clear.
DUI Charges Become More Serious When Death or Bodily Injury is Involved
When you decide to get behind the wheel after you have been drinking, it is a losing situation for everyone involved. Most DUI charges will end up being a misdemeanor, albeit a very serious misdemeanor, but if you were charged with a DUI and a death resulted from that DUI, your charges will automatically be increased to felony charges. You could also face other charges such as reckless homicide. What you think is a tragic accident, Illinois courts may see as a preventable crime and you could be punished accordingly. Considerations change when a death or great bodily harm results from a DUI case.
Illinois Man Receives 15 Years in Prison for Aggravated DUI Charges
When a DUI crash involves death or great bodily harm, the charge is classified as an aggravated DUI, which is a felony charge. A Lake County man was recently sentenced to 15 years in state prison for a DUI crash that killed an Arizona woman who was visiting family for Thanksgiving in 2017. The man, whose BAC that night was .30, was facing up to 27 years in prison, but because of a negotiated plea deal, was able to negotiate the sentence to 15 years for charges of aggravated DUI and failing to report a crash. The man was also charged with reckless homicide but was able to have those charges dropped as a part of the plea deal.
FOID Card Revocations. What to do.
Gun laws are different from state to state, so it can be difficult to keep up with them. In Illinois, any person who is in possession of a firearm must also possess a firearm owner’s identification card (FOID), which verifies that the person may legally possess the firearm. You can get into serious trouble if you are caught with a firearm and you do not have your FOID card on you, but you can also get into serious trouble if you have had your FOID card suspended or revoked and you are caught with a firearm. In order to first receive a FOID card, you must meet a certain set of criteria. The Illinois State Police reserve the right to suspend or revoke your FOID card for numerous reasons, and if you do not comply, you could face serious charges.
Notice of Revocation
If your FOID is revoked for any reason, the Illinois Department of State Police will send you a notice in the mail detailing the reason for the revocation. The notice will go into detail about the specific reason why your card has been revoked and how you can submit an appeal for the revocation. You must take action to comply with the law regarding your FOID revocation.
Illinois DUI Law: Different Treatment for Users of Prescribed Drugs vs. Illegal Drugs
Do you take a prescription drug that can affect your ability to drive safely? If you do, be extra careful before you get behind the wheel of a car, because you could be charged with driving under the influence (DUI). If you cause a car crash that severely injures another person, you could be charged with aggravated DUI and could spend time in state prison.
Rising Concerns About Drug-Impaired Driving
Due to both the opioid epidemic and the increasing social acceptance of marijuana use, the police are increasingly on the lookout for drivers who may be drug impaired. In fact, according to the NHTSA’s Fatality Analysis Reporting System, the number of drug-impaired drivers killed in fatal car crashes has risen substantially over the past 10 years while the number of alcohol-impaired drivers killed has declined.
Illinois Court Rules on Police Use of Drug-Sniffing Dogs
Two recent decisions by the Illinois Supreme Court have clarified the Fourth Amendment rights of Illinois citizens, specifically when the police use drug-detection dogs in multi-unit apartment buildings. This is important news for marijuana users and others who may be concerned about charges of illegal drug possession while partaking in occasional recreational use in the privacy of their home.
Illinois Police Need Search Warrant to Use Drug-Detection Dog Inside Locked Apartment Building
Two years ago, in October 2016, the Illinois Supreme Court ruled that the police must obtain a search warrant before they can bring a drug dog inside a locked apartment building and have the dog sniff outside the door of a specific apartment. In that case, People v. Burns, 2016 IL 118973, an anonymous caller to the Crimestoppers’ hotline in Urbana, IL, gave the police a tip on a possible marijuana dealer. The caller alleged that the defendant was receiving regular shipments of marijuana from a relative in California and was selling about two pounds of marijuana every week out of her apartment.
Illinois Modernizes Approach to Offenders with Substance Use Disorders
Alcohol and drug abuse not only cause human suffering, but also endanger public safety and place an added financial burden on our healthcare and criminal justice systems. Aiming to reduce these social and economic costs, the Illinois legislature passed the Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 301) in the 1990s. This law provides the foundation for many of the state’s education, prevention, and treatment services, including mandated programs for people charged with DUI (driving under the influence of alcohol or drugs).
To reflect changes in scientific understanding, terminology, and social standards, the legislature decided to modernize this law, renaming it the Substance Use Disorder Act (HB4795, now PA 100-0759, signed August 10, 2018). Some of the key changes that will take effect January 1, 2019, include:
Alternatives to Incarceration for Crimes Committed in Illinois
According to the most recent data available from the Illinois Department of Corrections, which is dated from June of this year, there are more than 40,700 criminals currently in the Illinois prison system. One of the biggest reasons why the Illinois prison population has grown so dramatically over the past 30 years or so is because of the increase in convictions for Class 4 felonies, which are typically non-violent theft or drug crimes. Having so many prisoners puts a strain on both inmates and staff, and it increases the costs associated with managing the prisons. Because the prison population in Illinois is beginning to take a toll on the system, the state has developed various alternatives to prison sentences for certain charges.
Drug Court
This option is available to non-violent drug offenders to help counsel them and rehabilitate them, rather than send them to jail. The main purpose of this program is to help non-violent offenders understand the dangers and the harm that drugs cause to themselves and others. The program also makes sure that the offenders understand what the consequences are of continued drug use.
The Rights of Criminal Defendants Are Protected by the U.S. Constitution
When an individual is accused of a crime, he or she is guaranteed certain rights. For example, if you are accused of driving under the influence (DUI) or being in possession of illegal drugs, you have the right to receive counsel from a qualified attorney. You also have the right to defend yourself against criminal charges or accusations by sharing your side of the story during a trial. One of the most important rights a person accused of a crime has is the right to be innocent until proven guilty. The presumption of innocence is one of the most fundamental principles of western law. If you have been charged with possession of an illicit substance, DUI, retail theft, assault and battery, or another criminal charge, read on to learn about how you can protect your rights.
Innocent Until Proven Guilty
There are many phrases which are used in courtroom dramas and television shows that many people do not know the actual definition of. The United States Constitution does not explicitly explain the presumption of innocence. Rather, a defendant’s right to be assumed innocent until proven otherwise in contained in the language of the 5th, 6th, and 14th Amendments to the U.S Constitution. The 5th Amendment includes both the defendant’s right to avoid incriminating himself as well as the Due Process Clause. This essential passage ensures that any person accused of a crime is given a fair and unbiased adjudication process. More specifically, the Constitution guarantees that no person will be "deprived of life, liberty or property without due process of law."
