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Recent Blog Posts
Learn by Example: Fleeing or Resisting Police Is Never a Good Idea
If the very thought of being loaded in a police car and taken to jail makes you tense up, that is normal; the human “fight or flight” instinct is very strong. But if you find yourself in a situation where you are about to be arrested, you need to stay calm and cooperate, or you risk getting into even worse trouble. Take a lesson from these recent news stories about people whose lack of self-control led them to flee from the police, piling the charge of resisting arrest on top of other charges:
Do Not Threaten to Toss an Officer Into a River
In March 2018, a Joliet law enforcement officer spotted a man wandering about the parking lot adjacent to the police station. The officer pointed out the “No Trespassing” signs in the lot and directed the man to leave. The man allegedly took up a fighting stance and threatened to throw the office into the Des Plaines River, then fled the scene. Two police officers captured the man before he got very far and placed him under arrest, charging him with criminal trespass, aggravated assault, and obstructing a police officer.
Avoiding Fleeing and Eluding Charges During a Traffic Stop
If a police officer begins to follow you while you are driving, you may be unsure how to react. Once you see the flashing lights behind you, it may be tempting to keep driving, especially if you do not believe that you have committed a traffic crime. However, if an officer is attempting to pull you over, one of the worst things you can do is try to elude them.
Signs that You Should Stay Put
Police officers may give visual or audible indications that a driver needs to stop moving. These can include:
- Hand signals
- Verbal orders
- Sirens
- Red or blue lights
Failure to stop after a police officer has given these signals can lead to criminal charges.
What You Should Not Do
If a police officer has given you any of the above signals to stop driving, you should pull over to a safe location and wait for further instruction. Failing to stop begins as a misdemeanor charge, but can be increased to a felony if the driver breaks certain laws or causes injury. If you are asked to stop, you should avoid doing the following:
What Rights Do Witnesses Have in Criminal Cases?
You probably already know many of the rights a defendant in a criminal court case has. Things like the right to counsel, the right to remain silent, or the right to a prompt trial are guaranteed to everyone regardless of the charges brought against them. Witnesses in a criminal case also have certain rights and responsibilities.
Types of Subpoenas
If you have received a subpoena or witness summons, you are required to either provide information or be present for some type of legal proceeding. A “subpoena ad testificandum” is a witness summons that orders an individual to testify during legal proceedings. On the other hand, a “subpoena duces tecum” orders an organization or individual to bring physical evidence before the ordering authority. Often, this is subpoena is used for requesting copies of documents important to the case.
Can Witnesses Decline to Speak?
If you have received a subpoena to either testify or provide evidence, you are required to show up and/or provide the information needed. However, the Fifth Amendment gives you the right to refuse to answer questions which will incriminate you. This is colloquially called “pleading the Fifth.” The husband-wife privilege also gives witnesses the right to refuse to testify against their spouses. It is important to note that if you do choose to testify, you are required by law to tell the truth. Anyone answering questions in front of a grand jury, on the witness stand at trial, or during a deposition is under oath, so lying could be considered perjury.
Illinois Reforms Civil Asset Forfeiture Laws
Effective July 1, 2018, Illinois residents will have greater protection against state confiscation of cars and other assets used in connection with criminal charges such as Aggravated DUI and narcotics possession.
Illinois Residents Forfeit Over $70 Million in Assets Annually
Over $30 million dollars worth of cars, boats, and other assets were seized in 2015 under Illinois’s civil forfeiture laws, namely:
- The Illinois Drug Asset Forfeiture Act, which authorizes the seizure of assets used in, or acquired with funds generated by, drug crimes.
- Article 36 of the Illinois Criminal Code: Seizure and Forfeiture of Vessels, Vehicles and Aircraft, which authorizes the seizure of assets used in the commission of other serious crimes such as aggravated DUI, drive-by shootings, and child pornography.
Arrests By Conservation Officers Can Lead to Serious Criminal Charges
You might think you are safe to do what you please when you are out in the woods or on the lake. But you would be wrong, as evidenced by some of the citations issued and arrests made by the conservation officers of the Illinois Department of Natural Resources (DNR). Some of these stories will sound amusing, but the criminal charges are nothing but serious.
Drunk Snowmobile Driver Gets Caught in a Crash
In February 2018, an Illinois conservation officer followed up on a snowmobile crash in which the operator was injured. The crash investigation had resulted in the operator being cited for snowmobile DUI. The operator pled guilty to both charges. He was assigned court supervision, ordered to pay a fine and court costs totaling $1,190, and required to undergo drug and alcohol treatment.
Do Not Pee in Public by Your Pick-Up
A conservation officer driving along a highway observed a stopped pickup truck whose driver was outside the truck urinating. When the driver noticed the CO approaching, he quickly re-entered his vehicle and tossed a beer can behind his seat. The CO performed field sobriety tests, which the driver failed. A deputy with the county sheriff’s office was summoned to transport the driver to jail. The driver was charged with DUI (he had a blood alcohol level of 0.65%), illegal transportation of alcohol, and improper parking on the roadway.
Why Sleeping Off a Few Drinks in Your Car Can Result in a DUI
In 1993, police stumbled upon a situation which would be the source of much controversy and disagreement regarding exactly when a person is drunk driving. On a very early June morning, two Naperville police officers found a person asleep in his car, which was parked in an apartment complex parking lot. The car’s engine was running but the car was in park. The sleeping defendant was laying across the two front seats.
The police initially struggled to wake the defendant, but when they did he admitted to sleeping in his car because he had consumed too much alcohol to safely drive home. The police officers subjected the defendant to a field sobriety test that indicated to them that he was, in fact, intoxicated. The defendant was arrested, and a later breathalyzer test showed that the man had a blood alcohol concentration (BAC) of 0.18 percent.
Defendant Claimed to Only Have Been Using the Heater
The Difference Between Resisting Arrest and Obstruction of Justice
When law enforcement officials are investigating a crime or pursuing a suspect, they tend to expect complete cooperation from those they detain and/or question during the course of that investigation. When someone attempts to repel police orders or questions, whether by physical force, being misleading, or withholding information, they could very easily find themselves facing charges of obstructing justice or resisting arrest.
Actions (and Words) Have Consequences
While it is up to the prosecution to prove charges of resisting arrest or obstruction of justice, a conviction on either charge can have serious repercussions for the defendant. Knowing the difference between the charges and working with an attorney who has experience defending against criminal charges can help a person avoid severe punishment. These charges differ in the following ways:
- Resisting arrest generally is applied when a person applies some sort of physical force in attempting to avoid being detained by police. Whether a person runs away, pushes or bumps an officer, or even simply pulls their arm away when grabbed by an officer, any of these actions can result in a charge of resisting arrest.
Criminal Defense Strategies
Perhaps you have heard the saying that “ignorance of the law is not a defense.” While that may be true, there are a number of legally sound strategies a competent and practiced criminal defense attorney might use to aid clients who may or may not have a full understanding of the law. If one feels justified in having committed a certain act, it is important to have an experienced legal professional implement a strong and legal defense strategy on their behalf.
Presenting Your Defense
Although this list is not considered final or complete, it does represent some common defense strategies frequently employed every day on the behalf of criminal defendants:
- Necessity – This strategy is employed when a defendant wishes to plea that the act for which they are being tried was committed due to extraordinary circumstances. Commonly accepted criteria include averting a greater evil or lack of any other legal recourse.
- Duress – This defense is used when the accused claims any illegal act which they have committed was done so under threat of death or great bodily harm by another individual.
The Price You May Pay for Letting a Friend Drive Drunk
After enjoying a few drinks at Happy Hour, three adult friends got into one’s car. Can you fill in the rest of the story? In the best case scenario, they had been drinking responsibly, the driver was not impaired, and all got home safely.
But what if their driver had had one or two drinks too many? Whose responsibility was it to make sure that driver was not impaired? Obviously, if you feel impaired, you should not get behind the wheel. But what is your responsibility as a passenger or bystander if someone is driving under the influence ?
Adult Passengers Have No Legal Responsibility for Others’ DUI
Under Illinois law, you have no legal responsibility to stop another adult (over age 21, that is) from driving their own vehicle while intoxicated, unless you were involved in selling them the alcohol which caused them to become impaired. So, if you suspect a driver is legally intoxicated, you commit no crime if you let them drive away or if you ride along as a passenger in their car. Even if they end up arrested for DUI, you will not be charged with a crime, as long as you were just a law-abiding passenger.
If I Am Arrested for DUI - Can the Police Take My Car
When a driver is arrested for DUI, their vehicle-for obvious safety reasons-must be moved from the roadside where the traffic stop took place. Illinois police have four options for dealing with a DUI-involved vehicle, ranging from releasing the vehicle immediately to seizing it and selling it.
Best Case Scenario: Sober Passenger Drives
If the drunk driver had a sober passenger in the vehicle, the police may allow that person to drive the car, saving the driver from towing and administrative fees.
Police Call Local Towing Company; Immediate Retrieval Possible
Most commonly, the police will have the vehicle towed to a local impound lot. The owner of the car will have to pay towing and storage fees to the towing company, and possibly an additional administrative fee to the city or county where the DUI arrest took place. In Chicago, the administrative fee to release a DUI-involved car from impound starts at $2,000. In the Will County suburbs, the administrative fee for a DUI impoundment ranges from $300 to $500.
