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Recent Blog Posts
Making Sure Your Child Enters Adulthood with a Clean Criminal Record
When juveniles get in trouble with the law, all police and court records are supposed to be sealed. Then, when these children turn 18, they should enter adulthood with a clean record, right? Actually, it is not that simple.
The Juvenile Justice System Creates a Lot of Records
Anyone under the age of 18 who breaks the law in Illinois is processed through the juvenile justice system. This process creates a lot of records. The police will have an arrest report, transcripts of interviews, investigation notes, and even fingerprints and photographs of the minor. The local court will have records of charges filed, hearings held, and the final disposition of each case. The Illinois State Police also maintains records of all juvenile arrests and convictions, including mandatory fingerprint cards (effective January 1, 2000) for minors age 10 and up arrested on felony charges.
There will always be an arrest record, at a minimum, even if all charges are dismissed, or if a juvenile successfully completes a period of court supervision and thus avoids having a conviction on their record.
Illinois Community-Level Programs Aim to Reduce Prison Population
Very few people can picture themselves in the position of being charged with a felony and facing the possibility of spending time in a state prison. Thankfully, most of our 13 million Illinois residents will never be in that position.
Every year, 300,000 serious criminal offenses are committed in Illinois, including over 200,000 thefts/robberies/burglaries, 120,000 domestic violence offenses, and 80,000 drug crimes. Only a relatively small percentage of those criminal offenders end up in state prison, and that number has been declining due to specific efforts on the part of the state.
New Laws and Programs in Illinois
From 2013 to 2016, the Illinois prison population declined from nearly 49,000 to under 45,000. At the end of 2017, the inmate count was down even further, nearing the 41,000 mark. The state aims to cut these figures even further by reducing both the number of people sentenced to prison and the length of time each spends behind bars.
What Happens During an Illinois DUI Arrest?
You should never drink and drive-it is dangerous and it is reckless. According to the Illinois Secretary of State, 29,528 DUI arrests were made in Illinois in 2016. In the state of Illinois, driving under the influence includes many different types of impaired driving, from driving under the influence of alcohol to driving while intoxicated after using drugs, including prescription medications or illegal substances.
Before You Are Pulled Over
Many times, DUI arrests begin with the car being pulled over for other traffic offenses like speeding, swerving, improper lane changes, or driving too slowly-even something small, like a broken taillight, can serve as a means of being pulled over. In any case, the police officer must have reasonable cause to make a traffic stop, meaning the officer cannot just pull someone over for no reason.
Officer Observations and Questioning
After you are pulled over, the officer immediately begins his observations. The officer will always ask you to provide your license, registration, and proof of insurance. The officer might ask you where you are going or where you have been. From the beginning of the conversation, the officer has been looking for signs of impairment, such as bloodshot eyes, nervousness, slurred speech, or the smell of alcohol or illegal drugs. At this point, if he has reasonable suspicion that you are under the influence of drugs or alcohol, he will ask you to get out of your vehicle. If he does not suspect intoxication, you will be free to go.
Illinois Police to Enforce Gun Laws Regardless of Gun Sanctuaries
Gun regulation has become a hot topic in recent years following the multiple mass shootings that have occurred in the United States, such as the Las Vegas shooting, the Sandy Hook shooting, and the Parkland shooting. Many states have taken action to reform current gun laws, especially those regarding assault-style weapons. In response to these changes, many areas are proposing “gun sanctuaries,” or areas where certain gun laws don’t apply.
Illinois Gun Sanctuaries
According to an Illinois news station, four counties (Jefferson, Saline, Perry, and Iroquois Counties, which are all located in southern Illinois) have passed resolutions that declare the counties to be “gun sanctuaries.” These counties have declared four Illinois House bills and one Illinois Senate bill unconstitutional, saying that these bills infringe on their Second Amendment rights.
Tips for Staying Out of Trouble on the Water This Spring and Summer
If you find yourself enjoying a day out on a boat this year, consider yourself lucky. Only about 240,000 people in Illinois are fortunate enough to own a boat. However, if you run into a law enforcement officer while boating, here are a few tips to remember that can help you avoid charges related to operating a boat while intoxicated, which is prosecuted in the same manner as driving under the influence (DUI):
Safety First
Try to remember that Illinois boating regulations do not exist to spoil your day at the lake and generate revenue from fines. They exist to keep everyone safe.
When the police ask you to do something for basic safety reasons—for example, to show identification, to move from one place to another, or to keep your hands where they can be seen—always comply courteously.
Keep Private Things Private, In Both Words and Deeds
While you are out on a boat, it is easy to start feeling like you are in your own world, away from it all. You might even feel like being on your boat accords you the same privacy that you have in your own home or backyard. It can be easy to forget that law enforcement officers do patrol marinas, lakes, and rivers, and that there are just as many laws applying to boating as there are to driving a car.
Standardized and Non-Standardized Field Sobriety Tests
In the state of Illinois, driving under the influence (DUI) covers many different types of impaired driving, from driving under the influence of alcohol to driving under while intoxicated after using drugs, including prescription medications or illegal substances. In 2016, 29,528 DUI arrests were made, according to the Illinois Secretary of State’s office.
When you get pulled over for a suspected DUI, the police officer may ask you to exit your vehicle and conduct a number of field sobriety tests to determine if you are impaired.
What Is a Field Sobriety Test?
A field sobriety test is one of the first things a police officer uses as a way of determining whether a person is under the influence while driving. There are both standardized and non-standardized field sobriety tests which allow officers to observe a person’s sense of balance, physical control, or ability to maintain attention. These tests are usually administered after a person is pulled over and is asked for their license and registration.
Can Juvenile Offenders Be Silenced on Social Media?
Over the years, juvenile court judges have come up with some creative ways to punish and rehabilitate youthful offenders. One Cook County judge reduces community service hours in exchange for reading books. Another judge, in DuPage County, ordered a teen to stop playing violent video games and told the parents to take away the boy’s smartphone.
But can a judge prohibit a juvenile from posting on social media, or is that a violation of their First Amendment right to free speech?
Illinois Juvenile Court Sentences Often Address Social Media
Current practices in the Cook County juvenile courts recognize that social media plays a big role in both teen life and criminal activity. Cook County probation officers regularly generate social media reports on teen offenders, which are provided to judges for consideration at sentencing. In one recent case, a teenage male was convicted of armed robbery. The teen’s social media report included pictures of him posing with guns, gang symbols, and marijuana. As part of his sentence, the judge ordered him to wipe his social media pages clean—and keep them clean—of any references to “gangs, guns and drugs.” This type of sentence has become common nationwide. But is it constitutional?
Illinois May Soon Allow for the Expungement of Marijuana Convictions
While possessing small amounts of marijuana is no longer a criminal offense in Illinois, people who had previously been convicted of marijuana possession marijuana possession still have a criminal record for offenses that are no longer a crime. However, those people might soon be able to have their records expunged, thanks to House Bill 2367.
Prior Possession Laws
Possession of small amounts of marijuana was decriminalized in Illinois by a bipartisan law that was signed by Gov. Bruce Rauner in 2016. Prior to this law, the Cannabis Control Act made possession of amounts up to 2.5 grams of marijuana a Class C misdemeanor, which carried a punishment of up to 30 days in jail, and possession of 2.5 to 10 grams of marijuana was a Class B misdemeanor, which carried up to six months in jail. After the passage of the 2016 law, possession of 10 grams of marijuana or less is a civil offense that carries a fine between $100 and $200.
Boat Safely-and Legally-This Spring and Summer
As temperatures finally begin to rise in northern Illinois, boats are coming out of storage, and soon the lakes and rivers will once again be filled with fishermen, wakeboarders, and jet-skiers. And what fun is a boat without a cooler of beer and other beverages? However, boat operators should be aware that if they consume alcohol, they may face similar charges to what a motor vehicle driver would face for DUI. Just remember the old saying, “It is all fun and games until somebody gets hurt...or arrested.”
With over 230,000 registered watercraft in Illinois, our lakes and rivers are often very crowded. Here are a few reminders to keep you safe and legal while boating this summer:
Check Your Gear & Licenses Before Heading Out on the Water
Illinois requires all boats to carry one life jacket or other personal floatation device (PFD) per person onboard. Anyone under the age of 13 must wear their life jacket at all times when the boat is underway, unless they are below deck, operating on private property, or on a boat of 26 feet or longer. Jet-skiers must also wear their PFDs at all times.
What You Need to Know About Miranda Warnings
We have all seen it on TV and in the movies: a suspenseful investigation or a police chase ends with a suspect in handcuffs, and as the scene fades into the credits, an officer begins to speak, “You have the right to remain silent…” You probably know that the statements being recited are collectively known as the Miranda warnings or Miranda Rights, but there are certain things to keep in mind in the event you are ever arrested and charged with a crime.
Your Rights
The Miranda warnings consist of four specific points. The exact wording of the warnings may vary but the suspect must be informed that:
- He or she has the right to remain silent;
- Anything that is said can be used as evidence in court;
- He or she has the right to have an attorney present during questioning; and
- If the suspect cannot afford an attorney, one will be appointed for him or her.
Contrary to popular belief, a suspect does not need to be given the Miranda warnings immediately upon arrest. The United States Supreme Court ruled in Miranda v. Arizona in 1966 that a suspect must be reminded of his or her rights prior to a “custodial interrogation,” But, what does that mean in practice? It means that a police officer is under no obligation to read Miranda warnings unless the person “has been taken into custody or otherwise deprived of his freedom of action in any significant action. For example, a discussion during a traffic stop would not require Miranda warnings. If, however, the suspect was handcuffed and placed in the back of a police car—regardless of an official arrest—the officer would need to give the Miranda warnings before asking any questions or risk having the entire exchange be thrown out in court.
