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Recent Blog Posts
Paperwork Needed for Your First DUI Defense Attorney Consultation
If you have been arrested for DUI, it is common to feel too scared or overwhelmed to take immediate action. Yet, in order to get the best possible outcome, you will need to begin preparing for your court date as quickly as possible.
One of the first things you must do is read the four important documents you were given by the police prior to your release. They contain critical information about what you must do between now and your court date. You will also need these documents for your initial attorney consultation.
1. Your Ticket(s)
Most Illinois police departments (excluding Chicago and Cook County) use the Illinois Uniform Traffic Ticket form for issuing tickets. The Ticket form will indicate the specific offenses you allegedly committed. You may be cited for traffic violations such as speeding or running a stop light in addition to DUI. The ticket will also state the date on which you must appear in court.
According to Illinois state law, the arresting officer must issue you a formal Ticket prior to requesting that you submit to an evidentiary breath or blood tests.
Why Attorney Investigation Is Critical to Your Criminal Defense Case
The fact someone has been arrested for a crime does not necessarily mean they are going to be convicted and punished. A judge or jury must still be convinced that (1) no legal errors were made by the police and (2) there is enough valid evidence to support a conviction.
Obviously, the police and the prosecuting attorneys will do their best to follow all the right legal procedures, amass hard evidence, and get a conviction. But nobody is perfect.
Consider this: In the city of Joliet, Illinois, there are just 40 investigators who handled over 3,100 criminal cases in 2016. Those cases include arrests made by the city police department’s 140 officers in the Patrol division, plus those in Tactical, Narcotics, and other units. With that many people and arrests in play, you can imagine that some facts must slip through the cracks.
Attorney Investigation May Be Crucial to Your Defense.
You may not think of an attorney as an investigator, but investigation is an essential part of a defense attorney’s job. Investigation can make or break a case. Depending on the severity of the crime, the attorney investigation should include one or more of the following steps:
What You Need to Know About Illinois Gun Laws
Gun laws have long been a hotly-debated subject throughout the country. After the tragic events at Marjory Stoneman Douglas High School in Florida, there has been an increase in debate regarding gun laws in the United States. Gun laws can vary from state to state and Illinois gun laws are some of the strictest in the nation. It is important that Illinois residents inform themselves regarding their state’s approach to gun control.
Machine Guns
There has been a lot of misinformation circulating regarding automatic weapons. In Illinois, it is illegal to sell, purchase, manufacture, possess, or carry a machine gun. More specifically the law prohibits the type of gun “which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon.” In other words, any firearm that can fire more than one round by holding down the trigger is illegal to buy, sell, own, or carry in Illinois.
Consequences of Felony Convictions
When an individual is charged with a crime, it is important to understand all the possible consequences that a conviction might include. In addition to a fine, probation, community service, or even a prison sentence, those who receive a felony conviction must endure and abide by a number of other limits placed on them, even after serving a sentence and fulfilling all other stipulations.
What a Felon Loses
While some may vary from state to state, there are a number of civil rights that convicted felons lose as a consequence of their criminal history and conviction. Some of the most common rights that felons lose or suffer severe restrictions to include:
- Ownership and possession of firearms is prohibited.
- Most felons are restricted from traveling out of the country.
- A convicted felon may not serve on a jury.
Getting Back on the Road After a License Suspension or Revocation
When someone is facing a driver’s license suspension or revocation, their top three questions tend to be:
- Is there any way to contest this and maybe keep my license?
- If I lose my license, can I get some kind of restricted permit that allows me to drive to necessary places like work and medical appointments?
- How do I get my unrestricted license back?
The Illinois Secretary of State (SOS) has documented procedures to address these issues. However, these procedures can be complicated and confusing, particularly when it comes to reinstatement following a revocation. Because each person’s situation is unique, it is always smart to consult an attorney prior to engaging with the SOS.
Let us look at each of these issues, one by one:
1. How can I contest a driver’s license suspension/revocation?
As soon as you learn of an impending suspension of your license, you should consult an attorney as quickly as possible. You have a limited window of time to request an administrative hearing in front of a SOS hearing officer. This hearing is your one opportunity to contest the suspension. Depending on the circumstances, your attorney may be able to help you avoid the suspension altogether. In some cases, you also have the ability to motion the ticket that originally caused your suspension back into court to reverse your suspension.
Incidents of Carjackings Are on the Rise in the Chicago Area
Reports of carjackings or attempted carjackings taking place in Chicago or its surrounding communities seem like an almost daily occurrence as of late. Police, faced with the skyrocketing numbers of these offenses and the domino effect carjackings have in the commission of other crimes, are looking for ways to turn back the tide.
Numbers Suddenly Reverse
Beginning with a review of carjacking statistics in 2007, the number of incidents between that year and 2014 showed a steady decline. In 2007, there were a reported 900 incidents of carjackings, which declined over the years to a low of about 300 in 2014. However, since then, the numbers have continued to rise.
In 2016, Chicago reported approximately 660 carjackings. That number was nearly equaled throughout the first 10 months of last year, and there were nearly 1,000 incidents in the city in 2017. Reports of these incidents are now occurring in areas that once enjoyed relative freedom from this type of violent crime.
Popular Movie Franchise Could Contribute to Rise in Speeding and Reckless Driving
For years, researchers and sociologists have been trying to link human behavior with the entertainment and media that we consume. Most of us clearly remember the controversy over explicitly violent video games such as Mortal Kombat and the Street Fighter franchise. In addition to video game violence, there has also been concern over risky onscreen behaviors such as promiscuous, unprotected sex, binge drinking, and aggressive driving.
Unfortunately, finding indisputable connections between our entertainment choices and our behavior is rather difficult. Our decision-making processes are shaped by countless variables, including both internal and external influences. Attempts to study these links often utilize attitudes—which are subjective—and actions in a controlled environment—which are often not reflective of real-world behavior. According to a new study, however, there may be a direct link between a popular film franchise and the driving habits of those who see the movies.
Drivers Beware: Carelessness Could Cost You Your License
Have you gotten multiple speeding tickets within a 12-month period? Been arrested for DUI? In such situations, one of the biggest concerns most people have is: Will I lose my driver’s license , and for how long? All Illinois drivers should be aware of the types of violations that can result in the suspension or revocation of your driver’s license.
Who Is in Charge of Illinois Driver’s Licenses?
In Illinois, the Secretary of State (SOS) is responsible for driver’s licenses. The SOS depends on information provided by all branches of law enforcement plus the courts to maintain up-to-date driving records on all licensed drivers. The Secretary of State thus holds the power to suspend or, for more serious infractions, revoke your driver’s license.
What Is the difference Between Suspension and Revocation?
- Suspension is the temporary loss of your driver’s license for a specific period of time (usually less than one year, though it can be longer) or until you meet specified requirements, such as paying off outstanding fines. You can then pay a reinstatement fee and get your license back.
Proposed Law Would Give Temporary Medical Marijuana Access to Opioid Users
The opiate crisis in the United States has reached epidemic levels. Drugs like Oxycontin, Percocet, morphine, and codeine are intended to treat severe pain - such as what one would experience post-surgery. Unfortunately, the pills are highly addictive and eventually those who try to stop taking the pills experience terrible withdrawal symptoms. Addicted individuals sometimes turn to street drugs like heroin in order to find relief from the suffering of withdrawal. Heroin is often mixed with fentanyl – a deadly substance 100 times more powerful than morphine. Opiate addiction and abuse have destroyed many people’s lives.
Bill Would Expand Illinois Medical Marijuana Program
A new bill is being brought before the Illinois General Assembly that would expand the state medical marijuana program to allow cannabis to be used by any patient who qualifies for the prescription use of opioids. The program, which currently has 27,000 participants, would be greatly expanded by this bill. In order to qualify for medical marijuana in Illinois currently, you must suffer from one or more of 40 specific medical conditions including cancer and lupus. The bill would allow patients who would normally be given only opioid treatment to also have access to medical marijuana. This could be beneficial for individuals who have post-surgery pain or are healing from an injury.
Court Rules on Forced Chemical Testing in DUI Murder Case
A citizen’s right to personal privacy and the law enforcement community’s use of probable cause frequently run opposed to one another when officers attempt to apply the tool during the course of an investigation. A case heard on appeal late last year sought to clarify the matter as it involved the conviction of one man who was alleged to be driving under the influence (DUI) when he struck and killed a pedestrian.
Forced Compliance with Drug Test Ruled Unconstitutional
In hearing the case, a majority of justices on the Appellate Court found that police committed a series of procedural errors in collecting evidence from a suspect in a vehicular homicide. The court ruled that a section of the Illinois law on DUI testing was unconstitutional. In issuing their ruling, they stated that if a suspect does not consent to a request for a blood or urine sample, police officers must secure a warrant to compel the suspect’s cooperation. In issuing their ruling, the appeals court overturned the defendant’s conviction on murder charges and sent the case back to the lower court for retrial.
