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Recent Blog Posts
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.
Doorbell Cams Increasingly Popular with Homeowners and Police
Doorbell cameras, which take pictures of anyone approaching your house, have rapidly grown in popularity over the past few years. Homeowners use them to monitor family members (such as teens breaking curfew or having unapproved parties) as well as to deter crimes of opportunity such as criminal trespass, vandalism, home invasion, burglary, and porch package theft.
Sales of these home security cameras, also known as video doorbells, are projected to grow from $500 million to $1.4 billion globally over the next five years. Reasons for their growth include rising consumer interest in all types of smart-home devices, declining prices for video doorbell kits, easy installation and internet connectivity, and phone apps that let you see who is at the door right now and who visited in the past.
Should I Agree to a Plea Bargain?
Most cases in the Illinois criminal justice system do not end in a trial. Instead, in most cases a criminal defendant accepts a plea deal, also called a plea bargain. Before you decide if a plea bargain is right for you, it is important to understand how they work.
The Criminal Justice Process
Pleas are used by prosecutors to help keep the criminal justice system moving. Often, a defendant will receive a plea offer early on in the case. One of the first formal steps in a criminal case is the arraignment. This is a court hearing where the defendant is told what he or she is being charged with and where the defendant enters a plea of guilty, not guilty, or another legally acceptable plea.
Many criminal defendants have been offered plea deals prior to arraignment. This means they have the chance to plead guilty to a specific offense in exchange for the prosecutor agreeing to drop other charges or in exchange for the prosecutor recommending a lighter sentence. However, even if a not guilty plea is entered at the arraignment, there is often still a chance for a plea deal at a later point before trial.
Consequences of a Misdemeanor Conviction in Illinois
When some people hear that a crime is a misdemeanor, they automatically assume the crime is not a big deal. While it is true that the punishment for a misdemeanor is usually much less serious than for a felony, a single misdemeanor can still disrupt your entire life.
Understanding Probation and Conditional Discharge
The maximum penalty for a misdemeanor is one year in jail. However, many people who are convicted of a misdemeanor will serve little, if any, jail time. Instead, most will be sentenced to a period of conditional discharge or in some situations, probation. While probation is often preferable to jail time, it is not easy. Depending on the crime for which you are convicted, there will be a set of conditions that you must follow.
Common probation conditions vary based on the offense and can include:
- Paying fines;
Three Ways to Practice Responsible Firearm Ownership in Illinois
Guns have been a hot topic in recent years in American politics. According to the Gun Violence Archive, which is a nonprofit organization that provides information about gun violence, there have been 256 mass shootings—defined as four or more people being shot or killed during a single incident—in the United States since January 1, 2018. With the rise of mass shootings in the U.S., many people have been reconsidering the validity of the Second Amendment, which guarantees American citizens the right to bear arms, but many people argue that gun owners just need to be more sensible about owning their firearms.
While owning guns is an American privilege, you can still get into trouble if you are irresponsible with your firearms. By following these three tips for responsible ownership, you can lower the chance you can reduce your chances of being subject to criminal gun charges.
