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Recent Blog Posts
Understanding Criminal Record Expungement in Illinois
Sometimes people make mistakes, but that does not mean that they do not deserve second chances. In Illinois, there are certain records that you can have expunged, or erased, as if the event never happened. The process of destroying your criminal records can help keep your past in the past and prevent friends, family, or even future employers from seeing your criminal record. However, like most things, there are limitations to what you can have expunged. Understanding expungement in Illinois can help you move on with your life and put the past behind you.
What Qualifies for Expungement?
Under the Illinois Criminal Identification Act, certain types of arrests and some cases resulting in probation or court supervision can be expunged from an individual’s criminal record. Depending on the crime and the disposition, you may qualify to have your records sealed if you do not qualify to have your records expunged. Other civil issues such as divorce, minor traffic violations, and orders of protection are not covered under the Act and cannot be expunged.
An Unlawful Search May Result in Dismissed Charges
One of the founding principles of our country is that of personal freedom. Citizens have the right to privacy in their home, work, and while traveling. The Fourth Amendment to the U.S Constitution protects citizens from unreasonable government interference in their lives. This includes unsubstantiated searches. To search a person’s home, police must obtain a search warrant from a judge. While police are not always required to obtain a search warrant to search a person’s vehicle, there are still rules regarding when a vehicle search is appropriate and when it is not. An officer who searches a residence or vehicle without the proper criteria being met is conducting an unlawful search. Evidence obtained from an illegitimate search is often not admissible in a court of law.
What Are My Rights to Privacy in My Home?
The Fourth Amendment to the Constitution reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” This amendment limits the authority of police and government officials in order to protect citizens’ privacy and prevent baseless searches. If police wish to search your home for evidence of a crime, they must obtain written permission in the form of a search warrant. Police must convince a judge that there is reason to believe that evidence of a crime exists in a home in order to receive a search warrant.
Possible Defenses to Criminal Drug Possession Charges
If you have been charged with criminal drug possession, you probably see very little light at the end of the tunnel. However, there may be more options at your disposal than you realize. An experienced criminal defense attorney can help you formulate a successful defense. Many drug possession charges are not as clear-cut as they immediately seem. There may be legal options that could lessen your chances of ever needing to go to trial or could even result in your charges being dismissed.
The Burden of Proof is on the Prosecution
One of the core principles of the criminal justice system is that those accused of a crime are innocent until proven guilty. This means that it is up to the prosecution to prove that the defendant committed the crime they are charged with. The prosecution must show “beyond a reasonable doubt” that the defendant knowingly committed the crime in question in order to convict. The phrase “beyond a reasonable doubt” means that there exists no doubt as to the defendant’s guilt in the eyes of a jury or judge. In a drug case, prosecutors must prove that the defendant knew the illegal substance was an illicit drug and knew it was in his or her possession.
Illinois Woman Charged With Aggravated Battery of Police Officers
A Plainfield woman was arrested last month after an altercation with police officers. The Joliet Police Department reported that the woman is being held in Will County Jail, with her bail set at $50,000 for criminal charges including aggravated battery.
Woman Became Belligerent After Police Requested Her Name
The Joliet Police Department responded to a call on the night of Thursday, August 2, investigating reports of a woman causing a disturbance. When they arrived at the scene, officers asked a female what her name was, and she subsequently became verbally aggressive with police. When officers tried to take the 20-year-old woman into custody, she began physically resisting police. Police say she managed to kick one officer in the face and spit in another officer’s face.
Woman Refused to Cooperate With Law Personnel
Technology Helps Police Get Tougher on Crime
Do you feel like you are being watched more than ever? You are not just paranoid. Police are increasingly using electronic surveillance techniques not only to help prevent crimes but to locate and help prosecute violators.
Illinois Police Use of Drone
Police in Illinois may soon be allowed to use drones to surveil both indoor and outdoor events involving more than 100 people. This would enable the police to evaluate the size and activity of crowds and then proactively respond to public safety risks. Drone usage would be limited to observation purposes only, and they could not be armed with tear gas or projectiles.
As of the end of May 2018, both the Illinois House and Senate have approved the “ Drone Use-Large Event ” bill (SB 2562), which makes a significant change to the 2014 Freedom from Drone Surveillance Act (725 ILCS 167/). The existing Act allows police to use drones only in very specific situations, such as a search for a missing person (non-criminal) or to photograph the scene of a crime or traffic crash.
Trials Suggest MDMA Could Soon Be Used to Treat PTSD
The laws regarding drugs and alcohol in the United States have varied significantly throughout the years. For decades, marijuana was strictly against the law, but now thousands are able to legally buy marijuana for both recreational and medicinal purposes. Illinois decriminalized small quantities of marijuana in 2016. This reduced the penalty for possessing less than 10 grams of cannabis to a moderate fine comparable to a traffic ticket. Now, legislators and researchers are turning their attention to methylenedioxymethamphetamine, better known as MDMA, ecstasy, or Molly. MDMA is a psychoactive drug which has been illegally consumed in the U.S for decades, but only recently is being scrutinized for medicinal purposes.
Party Drug May Be Breakthrough Therapy for Post-Traumatic Stress Disorder
Advocates of the drug are celebrating after the Food and Drug Administration officially granted "breakthrough therapy" status for the drug MDMA. Of course, this does not mean that the drug is now legal or that there are no risks associated with its consumption. The decision by the FDA makes it easier for researchers to use clinical trials to test the drug’s ability to treat individuals with PTSD. In previous clinical trials, MDMA has provided significant relief to those suffering from PTSD, a mental disorder caused by extreme trauma. Sufferers experience symptoms including violent flashbacks, nightmares, anxiety, depression, and insomnia.
Governor Rauner’s Record on Executive Clemency Petitions
Do you have an old crime on your record that is still negatively affecting your life every time someone runs a background check on you? Under Illinois law, some crimes can be expunged (that is, completely and permanently erased from your record), while others can at least be sealed from the view of the general public and potential private employers. However, many crimes are not eligible for expungement or sealing. Executive clemency is a “court of last resort” for people in that last group who want to clear their criminal record. It can also be used as a way to petition for a reduction in a person’s sentence, such as commuting a sentence of life imprisonment to time served.
Every year in Illinois, hundreds of people who have been convicted of crimes submit petitions for executive clemency; that is, they ask to receive a pardon from the governor of the state. While the majority of these petitions are rejected, each governor’s record regarding executive clemency is different.
Understanding the Illinois Controlled Substances Act
There are a variety of crimes that revolve around drugs or controlled substances. In some cases, possession of certain types of drugs is enough to get you charged with a crime. In other cases, you can be charged with manufacturing with the intent of selling controlled substances. The consequences of most drug crimes depend on the type of drug that was involved in the crime, so it is important to know how you fare if you have been hit with a drug charge.
What Is a Controlled Substance?
Simply put, a controlled substance is a drug that the government believes can have a detrimental effect on a person’s health or well-being. This is why controlled substances are regulated by the government-it is an effort to control and limit who is in possession of these substances and keep them out of the hands of those who do not need them. Controlled substances are not always illegal, but almost all illegal drugs are controlled substances. Under Illinois law, controlled substances are classified into one of five categories, depending on their medical use and safety.
What Are My Rights Regarding a Police Search of My Car?
Most of us have been pulled over by police while driving at least once or twice in our lives. It can be an upsetting ordeal. While the police officer is processing your identification and deciding what action to take regarding the traffic stop, he or she may ask to search your vehicle. What are your rights during a traffic stop concerning a vehicle search? Can you refuse a search? What happens if a police officer discovers drugs or other illicit material in your vehicle? Read on to learn more about your rights regarding vehicle searches in Illinois and what to do if your rights have been violated.
The U.S. Constitution Protects Citizens Against Unsubstantiated Searches
The Fourth Amendment to the U.S. Constitution guarantees that citizens have the right to be free from “unreasonable searches and seizures." In this context, “unreasonable” means without justification. Police do not have the authority to stop and search citizens for no reason. Generally, there must be some indication to police that a citizen is or might be engaged in illegal activity in order to justify searching their personal vehicle during a traffic stop. This is called “probable cause.” Either a search warrant or probable cause must be present in order for police to constitutionally search a vehicle. A Fourth Amendment violation occurs when police do not have a good reason for searching the vehicle and do so anyway. If evidence of a crime such as drugs or stolen items are uncovered during a search which was not justified, the evidence obtained during the search can often be excluded in court.
Frequently Asked Questions About Breath Alcohol Ignition Interlock Devices
If you have been arrested and charged with driving under the influence (DUI), you may soon be required to install a breath alcohol ignition interlock device. These devices are designed to prevent individuals who have previously been convicted of a DUI from driving under the influence of alcohol. There are many questions surrounding ignition interlock devices. Read on to learn how to use these devices properly and what you can do to prevent criminal charges.
How Does an Ignition Interlock Device Work?
A breath alcohol ignition interlock device (BAIID) functions similarly to a Breathalyzer test. A BAIID estimates the amount of alcohol a person has had to drink by analyzing a sample of his or her breath. This is called a “blow test.” The amount of alcohol in someone’s breath can easily be translated by the device into blood alcohol content. If a person has a blood alcohol content over the legal limit of 0.08 percent, he or she cannot legally drive. For the purposes of a BAIID, the limit of allowable blood alcohol content is much lower. When a BAIID receives a breath sample which contains more than a negligible amount of alcohol, the vehicle’s ignition is disabled. The car will not be able to start for a period of time called a “lock-out period.” The lock-out period may increase in duration after each failed test.
