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Recent Blog Posts
Understanding Illinois Law Regarding Telephone and Electronic Harassment
At what point does thoughtless, obnoxious behavior cross the line to become a crime of telephone or electronic harassment? Consider the following situations:
- A person makes repeated phone calls to another with the intent to harass them, whether the calls involve any conversation, just hanging up, making abusive or threatening statements, or making obscene comments or suggestions.
- A student in the midst of a heated online game battle with other students sends out a text message saying, “We are so going to kill you!”
- A person sends an email to a victim that threatens to beat them up.
- A person sends a “sext” message or email which includes an obscene image or makes an obscene proposal.
Harassing and Obscene Communications
All of the above actions can constitute harassing and obscene communications, which are prohibited by Illinois law. This law defines “harassing” as conduct that would cause a reasonable person emotional distress and does cause emotional distress to the victim. A first violation of this statute is a Class B misdemeanor, while a second or subsequent offense is a Class A misdemeanor with a minimum punishment of either 14 days in jail or 240 hours of community service.
I Was Arrested But the Police Did Not Read Me My Miranda Rights. Now What?
If you have watched police shows or movies, you probably know that you have the right to remain silent if and when you are ever arrested, right? In fact, the officer who arrests you must remind you of that right—as well as a few others—immediately upon taking you custody. While you do have the right to remain silent—as well as a few other rights—many people assume that they know the law when it comes to their Miranda rights. They, however, are often wrong. If you were arrested on the suspicion that you committed a crime but were never read your rights, it is important to understand your available options.
Your Miranda Rights
The series of statements and questions that comprise the “Miranda Rights” are often and more accurately known as the “Miranda Warnings.” Most police departments use the same or very similar wording. There are two specific rights addressed and explained:
- You have the right to remain silent. Anything you say can and will be used against you in a court of law.
Traffic Stop Case Highlights the Importance of Reasonable Suspicion
The Fourth Amendment to the U.S. Constitution guarantees the right of all citizens to be free from unreasonable searches and seizures. When the Fourth Amendment is referenced in a criminal case, it is often used to challenge the legality of a police search of a person’s property or the seizure of evidence found during such a search.
What you may not realize, however, is that a traffic stop is considered a seizure for the purposes of the Fourth Amendment. This means that a police officer can only initiate a traffic stop when there is a justifiable legal reason for doing so. A recent case from McLean County, Illinois shows how important it is for the police to avoid making unreasonable stops.
The Undisputed Facts
In July 2017, a man was driving on Hershey Road in Bloomington as he approached the Empire Street intersection. He was in the leftmost lane, and he stopped at the red light at the intersection. When the light turned green, he turned left onto Empire street, choosing the right lane (of two) as he exited the intersection. The man was immediately stopped by a local police officer for an improper left turn. During the stop, the officer checked the driver’s license and found that it had been revoked. The driver was then cited for driving while his license was revoked.
Illinois Laws Help You Get a Second Chance
When a person is convicted of a crime, the consequences typically go far beyond jail time, probation, and fines. A conviction can and usually will follow a person for the rest of his or her life, making it more difficult for the individual to find a job, secure affordable housing, or qualify for certain educational programs. While this is certainly a problem everywhere, lawmakers in Illinois have taken steps toward giving ex-offenders a second chance by passing new measures designed to make it easier for them to find gainful employment. According to reports from around the state, the measures are starting to work as planned.
Several Important Changes
In recent years, Illinois lawmakers have enacted a few different laws that increase opportunities for ex-offenders. One such law was signed by Governor Bruce Rauner in August 2017. The measure expanded the list of offenses that are eligible for record sealing and eliminated waiting periods for record-sealing petitions after an acquittal or dropped charges. When a record is sealed, it is no longer visible on most background checks, so expanding and speeding up the record-sealing program has been a welcome change.
Illinois DUI Arrests
Most people know that it is against the law to drink and drive. Anyone who is caught operating a motor vehicle while intoxicated can be charged with driving under the influence (DUI) and lose their driving privileges. In most circumstances, DUI laws are straightforward. A person who has a blood alcohol content (BAC) of over 0.08 percent is considered intoxicated and cannot legally operate a car. However, there are some circumstances where individuals have been charged with a DUI, and they did not even know they were breaking the law! It is critical for every citizen to fully understand both DUI laws and their rights as an Illinois citizen.
You Can Be Charged with a DUI Without Being Over the Legal Limit
If you are like most people, you probably did not realize that there are some circumstances where a driver can have a BAC under the legal limit and still be charged with driving under the influence of alcohol or if you are under the age of 21, have your license suspended. Everyone knows that it is illegal to consume alcohol if you are under the age of 21. Unfortunately, we all know that most young people experiment with alcohol before they are old enough to do so legally. If a person under the age of 21 drinks and drives, the consequences can be severe and life-altering. Illinois law states that an underage person caught driving with any trace of alcohol in their system can be charged with a zero tolerance suspension and have their license suspended up to a year. And in some cases, whether you are under the age of 21 or not, the Prosecutor can still choose to prosecute you for DUI even if you were under the legal limit of a .08
Understanding the Process of Criminal Cases in Illinois
Being hit with a criminal charge can be a scary thing, especially if you do not know what to expect. The process through which you go through when you are accused of committing a crime is basically the same throughout the country, with a few differences here and there, depending on which state you are facing charges in and the specifics of your individual case. Here is what you can expect to happen in an Illinois criminal case:
Initial Incident and Arrest
Involvement with the criminal justice system begins when you are accused of violating some sort of local, state or federal law. Before you can be arrested, the police officer must have probable cause to believe that you have committed a crime. Before the police can begin to question you, you must be informed of your Miranda rights, such as the right to remain silent and the right to an attorney. Being informed of your Miranda rights is crucial in criminal investigations. If you have been interrogated by the police and your Miranda rights were not given, an experienced trial attorney would seek to have those statements excluded from your trial. In essence, it would be as if you never spoke to the police to begin with.
New Safety Campaign Targets Drug-Impaired Driving
With more states legalizing marijuana and a rising number of drug DUIs, federal safety officials have added a focus on driving high to their 2018 ad campaigns. The National Highway Traffic Safety Administration’s ongoing “Drive Sober or Get Pulled Over” campaign has been supplemented with two new slogans: “Drive High, Get a DUI” and “If You Feel Different, You Drive Different.”
Driving Under the Influence of Drugs Can Prove Fatal
An examination of data from the NHTSA’s Fatality Analysis Reporting System found that the number of drug-impaired drivers killed in car crashes has risen substantially over the past ten years, while the number of alcohol-impaired drivers killed has declined in the U.S. In 2006, 41% of drivers killed in crashes tested positive for alcohol while just 28% tested positive for drugs. Ten years later, in 2016, 38% percent of drivers killed in crashes tested positive for alcohol (a decline of 4 percentage points) while 44% tested positive for drugs (an increase of 16 percentage points).
Sale of Look-Alike Drugs Is a Serious Crime in Illinois
Nearly every day, the Will County jail receives new prisoners charged with drug crimes ranging from marijuana possession to heroin dealing. With real drugs seemingly available in every town, it may seem surprising to hear of people being charged with selling fake drugs. Yet the Illinois Controlled Substances Act defines the sale of look-alike drugs as a serious crime.
What Is the Definition of “Look-Alike Drugs”?
A look-alike drug is defined as a substance that a reasonable person would believe is a controlled substance based on its color, shape, size, markings, taste, consistency, and packaging, or that the seller states or implies is a controlled substance.
What Is the Penalty for Possession of a Look-Alike Drug?
The first time a person is caught in knowing possession of a look-alike substance, they are guilty of a petty offense punishable by a small fine. A subsequent offense, however, is a Class C misdemeanor, punishable by no more than 30 days in jail and a fine of no more than $1,500.
Drug Llama Faces Federal Charges for Distributing Fentanyl
A California woman has been indicted in Illinois for distributing drugs through the use of the “dark web,” according to the Southern District of Illinois’ U.S. Attorney’s Office. The woman, who is from San Diego, is known as the “Drug Llama” to her customers on the dark web and is accused of distributing over 50,000 misbranded fentanyl pills throughout the country. Her charges carry a mandatory minimum sentence of 10 years in prison.
Fentanyl Pills Linked to Death of Two in California
The 31-year-old woman was arrested in San Diego and was ordered detained pending her move to Illinois because she was deemed a flight risk and a danger to the community. Pills that the woman sold are also believed to be linked to two overdose deaths in San Diego County: a 10-month-old boy and a 41-year-old woman. Both overdose cases occurred in September 2017. Fentanyl is a synthetic form of heroin that is extremely cheap and easy to make, but is extremely dangerous. The drug can be up to 50 times stronger than heroin and a lethal dose can be the same size as a pinch of salt.
Beware of Reckless Driving on I-80 Near Joliet
A recent report highlighted dangerous driving conditions along a 16-mile stretch of I-80 that passes through Minooka, Joliet, and New Lenox in Will County. Drivers should be particularly careful along this stretch of highway. Dangerous highway conditions like these can easily turn a first-time misdemeanor DUI into an aggravated felony DUI causing great bodily harm (a class 4 felony) or death (class 2 felony). A simple speeding ticket can become a reckless homicide, a class 3 felony (720 ILCS 5/9-3).
The I-80 Corridor Analysis report of January 2018 cites these specific dangers:
- Heavy truck traffic. One in five vehicles is a semi-trailer or heavy truck.
