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Recent Blog Posts
Should I Refuse a Breathalyzer Test?
When a person is stopped by a police officer on suspicion of driving under the influence of alcohol , the officer may ask him or her to take a breath, blood, or urine test. Often, a field sobriety test and breath test are used during traffic stops to determine whether the driver’s blood alcohol content is above the legal limit.
Most people are familiar with the purpose of a breathalyzer. They have either themselves been asked to breathe into one in order to determine their blood alcohol content (BAC) or they have seen the process on television or in movies. If a driver’s BAC is found to be 0.08 or higher, he or she is considered legally intoxicated and will be charged with a DUI. But what happens if a driver simply refuses to take the blood alcohol content test?
Implied Consent and BAC Tests
By driving on public streets you are already consenting to a blood alcohol content test. Because Illinois has an “implied consent” law, you agree to submit to chemical testing for alcohol impairment by the act of driving a vehicle on the road. You may know that a criminal suspect must be read their Miranda rights before he or she can be interrogated by the police, and many believe that the same holds true for BAC testing. In reality, an officer does not need to read someone their rights or provide access to a lawyer before subjecting them to a chemical test the way they would before a police interrogation.
Recovering Evidence in a Criminal Defense Case
Evidence is a very important variable when it comes to nearly any investigation and criminal defense strategy. Sometimes a lack of evidence is what helps a defendant win their case, while in other situations, evidence is exactly what you need to protect your freedom. It is interesting to see the lengths to which some will go to collect that evidence.
Evidence Collection in the Palm of One’s Hand
Although developed and promoted for use by first responders and law enforcement, there are a number of mobile apps which can now aid in the collection of evidence at crime scenes. Some examples of the new technology available for such procedures include:
- Pocket CSI includes tools for taking audio notes, calculating skid marks, projecting blood splatter trajectory, and recording other details.
- MEA Forensics provides step-by-step assistance for those dealing with the examination and preservation of forensic evidence.
Juvenile Defendants and Jury Trials
Having the option of being tried in court before a jury of one’s peers is a right our country’s justice system guarantees. However, in most cases involving juvenile crime, the opportunity to seek a jury trial is not offered in Illinois. This policy was recently upheld by the state’s Supreme Court.
First Time Offenders
In Illinois, the rules pertaining to hearings for juvenile offenders are different depending on the criminal history of the defendant. Those rules were challenged when a Cook County Circuit Court Judge ordered a jury trial for a juvenile defendant charged in the shooting death of another teen.
In Illinois, jury trials are afforded to juvenile offenders with a history of repeat or violent offenses. First time offenders do not have the option of jury trials. An initial ruling in this case found part of that Illinois law unconstitutional. In ruling on an appeal, the Illinois Supreme Court issued an opinion that the statute pertaining to jury trials for repeat offenders was distinctive enough from those pertaining to juveniles with no previous criminal history.
Holiday Season Causes Uptick in Shoplifting
Shoplifting can be detrimental to business owners, as billions of dollars’ worth of merchandise are stolen from retail stores every year. Often, the holiday season is the time of year when shoplifting is especially problematic. In a season that lasts just over a month, shoplifters cost retail stores approximately $6 billion. The toll is especially hard on large retailers like Walmart, Macy’s, Target, and Gap.
Why Shoplifting is Worse During This Time of Year
The holiday season is the time when many retailers make a large percentage of their annual sales—as much as one-third of the year’s entire revenue. However, the winter holidays are also the time of year when retailers incur 37 percent of their annual shrink loss.
During the winter shopping season, the average store’s product mix changes considerably. More expensive merchandise is often displayed to entice holiday shoppers and encourage impulse buys. With more valuable items available, shoplifters are also more tempted. This also means that even if the same quantity of items is stolen during the holiday season, those items cost more on average. Consequently, stores end up losing more through theft than at other times of the year. The increase in shoplifting can also be linked with the overall surge of shoppers. More foot traffic in a given store often correlates to more stealing.
No Fence Neighborhoods. Know Before You Buy.
“Why can’t I have a fence around my property? The village said it is OK!”
As a real estate attorney for over 13 years, this has been the question I have been asked more than any other question in my career. I am always asked this question after a purchase has closed, and the new homeowner was not advised of the fence prohibition prior to closing. Occasionally my assistance is requested after the homeowner has installed a fence and the association is now attempting to enforce the "no fence" restriction after years have passed and many fences have been installed throughout the subdivision. Unfortunately my answer usually confirms that fences are not legally allowed, and if a fence has been installed where fences are prohibited, a law suit against the homeowner to remove it would be successful. To make matters worse, to fight it and defend the law suit to remove a fence may mean paying the legal fees for both parties if you lose.
Generally, when you purchase a property, it is yours, and you may use it as you please, subject to applicable legal restrictions. Most people are aware of applicable federal, state and local (city or village) statutes as setting forth those legal restrictions. There is one other major source of legal restrictions, however, and those are private restrictive covenants. Often there is a separate document providing the restrictive covenants for a whole neighborhood, but private restrictions may be in a deed for the benefit of only one other owner. Typically these legal restrictions are not only enforceable in court, they are enforceable by specific performance, meaning a judge can order compliance and order an owner to remove a fence that violates applicable covenants.
What Are The Most Common Traffic Violations
Traffic violations Traffic violations are a common reason for getting pulled over by the police. In fact, most drivers have been pulled over at least once in their lives. It can be easy for us as drivers to be comfortable bending the rules a bit and many drivers admit to practicing dangerous behaviors on the road once in a while. Sometimes, drivers may even view traffic laws as suggestions more than hard and fast rules.Most of us have had the experience while driving of suddenly seeing flashing lights behind us.
A traffic ticket, however, can be expensive, and too many too quickly can lead to the suspension of your driving privileges. Some of the most common traffic violations include:
- Speeding: Almost all drivers admit to driving at a speed above the posted speed limit at some point in their lives. In a recent survey, 89 percent of drivers reported that they have driven faster than the speed limit allowed. About 40 percent of drivers admitted that they have driven more than 20 miles per hour over the speed limit. If you are caught speeding, you may only receive a warning or you may receive a ticket and associated fine. You may also receive points on your driving record which can accumulate and result in more serious consequences.
The Illinois TRUST Act Protects Immigrants Who Interact With Police
While city and state officials across the country work to create laws aimed at helping undocumented immigrants remain in the United States, the State of Illinois passed legislation aimed at easing fears of deportation for illegal immigrants arrested locally. Although they may still need to appear in court for traffic violations or other minor offenses , the threat of detention, deportation, or even questioning of their immigration status is no longer something immigrants need fear during interactions with police.
A Simple Traffic Stop No Longer Leads to Deportation
The new Illinois law signed by Governor Bruce Rauner this past summer makes it illegal for law enforcement officers to detain individuals for federal agencies, such as the Immigration and Customs Enforcement (ICE). It is believed that this will empower those who once feared deportation to feel more comfortable when reporting crimes or interacting with police.
Illinois Juvenile Correctional Facilities Undergoing Reforms
Young people often make poor decisions, and this can result in them running afoul of law enforcement. In a worst-case scenario, a juvenile offender must serve time one of Illinois’ five juvenile detention facilities, and this experience is likely to have a major impact on the rest of their lives. Lately, however, state officials have begun studying certain policies and procedures within juvenile corrections housing in an effort to make the system more rehabilitative and reduce recidivism.
Less Solitary Confinement
For those juvenile offenders who find themselves remanded to one of Illinois’ juvenile correctional facilities, it is important to remember that rules and regulations exist in an effort to help each individual adjust to the environment. However, incidents of detainees committing violations, and even assaults on facility employees in some cases, frequently resulted in segregation or worse.
Chicago Police Receive Body Cameras
The Chicago Police Department has been under intense scrutiny for decades. During the 1968 Democratic National Convention Chicago Mayor Richard J. Daley and the Chicago Police Department were accused of treating Vietnam war protesters inhumanely and using excessive force to control them. Time Magazine said of the several-day event, “With billy clubs, tear gas and Mace, the blue-shirted, blue-helmeted cops violated the civil rights of countless innocent citizens and contravened every accepted code of professional police discipline.”
In 1999, two unarmed motorists—Northwestern University football player Robert Russ and 26-year-old LaTanya Haggerty—were both fatally shot by the Chicago Police. Many accused of the Chicago Police Department of racism and shooting the young individuals unnecessarily. Haggerty was shot when an officer mistook a shiny object in Haggerty's hand for a weapon. Both shootings resulted in lawsuits and Haggerty's family reached an unprecedented $18 million settlement with the city of Chicago.
What Business Owners Need to Know About a Triple Net Lease
In the commercial real estate world, the triple net lease is a common type of agreement between landlords and tenants, especially for retail and multi-tenant industrial properties. In a triple net lease, most of the expenses related to the operation of the property are the responsibility of the tenant.
The following are some things to keep in mind when it comes to a commercial triple net lease:
- In a triple net lease, fixed rent is often lower. Potential tenants may prefer a triple net lease if the building they are interested in is new, since in addition to lower rent, the cost of expenses will also be less.
- While triple net leases may have some advantages, they are often not favorable to tenants. This is because tenants do not have control over any potential increases in expenses. Therefore, it can be difficult for them to budget and plan for future costs. In a triple net lease, tenants must practice precaution and budget wisely, especially if they are using an older property. Tenants are likely to spend more in operating costs in older buildings, because the structure may need to be renovated.
