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Recent Blog Posts
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 You Should Know About Underage Drinking This Holiday Season
For many, this holiday season is filled with family gatherings, workplace parties, and casual get-togethers with friends. Many of these events will include the consumption of alcohol for those aged 21 or above. In Illinois, it is illegal for anyone under 21 to drink alcohol. Drinking under 21 is a Class A misdemeanor and is punishable by a $1,000 fine and one year in jail. All 50 states prohibit the sale of alcohol to those under the legal drinking age, but it is also illegal to simply give those under age 21 alcohol, even if no money is involved. In fact, a person of drinking age does not have to physically hand alcohol to an underage person to be committing a crime. Passively allowing underage people access to one’s alcohol can also be punishable.
For those in Illinois, knowingly providing alcohol to underage persons can result in a $500 minimum fine with a maximum $2,500 fine and up to one year in jail. If the underage drinker is seriously injured or dies as a result of drinking, the responsible party can be subject to a Class 4 felony. The punishment for this can include fines up to $25,000 and up to three years in prison.
Employee Theft During the Holidays
During the holiday shopping season, the stores are filled with people looking for gifts and spending plenty of money. However, this is also the time of year when store owners must deal with more incidents of retail theft committed by their own employees.
Loss Prevention Efforts
Reports indicate that many large retailers have cut back on some security measures, making things more difficult for their Loss Prevention staff. This seems to be a result of cost-cutting efforts being made to offset the fragile financial nature of the retail business. Here are few variables that may have an impact on the rise of employee retail theft during the holidays:
The Importance of “Innocent Until Proven Guilty”
The presumption of innocence is one of the most sacred principles in the American criminal justice system. The concept of “innocent until proven guilty” means that a suspect—a person accused of a crime —is presumed to be innocent until he or she has been found guilty of the crime by a court with appropriate jurisdiction. The prosecution must prove beyond a reasonable doubt that the suspect did, in fact, break the law.
The Fifth Amendment to the U.S. Constitution assures citizens that no one shall be "deprived of life, liberty, or property without due process of law." The Fourteenth Amendment applies this principle to all of the U.S states. Assuming that a defendant is innocent until proven guilty is a substantial element of due process.
Due Process
Due process refers to the legal procedure in which a suspect of a crime is either found guilty or not guilty. No one should be assumed to be guilty just because they were accused of a crime. Interestingly, “due process” is the only dictum that appears in the Constitution twice. This is because due process is vitally important to protecting our rights as citizens. If we did not have a guarantee of due process in the Constitution, the protections that are specified in the Bill of Rights would be meaningless.
Avoiding Weapons Charges Through Responsible Gun Ownership
We frequently use this space to discuss the various nuances of gun laws in Illinois. On more than one occasion, we have presented information pertaining to the incidents of criminal gun violence in the state, the requirements for obtaining a Firearm Owners Identification Card (FOID), and even the procedure for obtaining a Concealed Carry Permit. However, even those who follow proper procedures and obtain firearms legally are subject to criminal gun charges and prosecution for irresponsible handling and accidental discharge of a firearm.
Do Accidents Happen?
Even the safest and most law-abiding and well-intentioned gun owner can end up defending himself against some type of weapons charge. However, what happens most frequently is that a gun owner acting irresponsibly fires their weapon and draws the attention of law enforcement officials. While the right to keep and bear arms is guaranteed by the U.S. Constitution, and laws exist in Illinois to enable lawful ownership of guns, public safety is an overriding concern.
Crime Increased Nationally in Big Cities
Despite new laws to combat crime and the introduction of after school programs and efforts by community leaders to draw awareness to the needs of vulnerable neighborhoods, recent statistics released by the Federal Bureau of Investigations indicated an increase of crime in the country’s biggest cities. Between 2015 and 2016, the percentage of violent crimes increased, while property crimes decreased.
Upward Trend Noticed Most in Metro Areas
Every year, the FBI releases a report that details crimes committed throughout the United States over the previous 12-month period. In addition to citing specific numbers, the FBI compares each year’s totals to the previous year in an effort to gain some perspective on crime trends. Notable trends in this year’s report include:
When Does a Traffic Stop End and a Criminal Investigation Begin?
Most drivers have been pulled over for a traffic violation at some point in their lives, and they have a pretty good idea of how most such stops go. The officer pulls the driver over, approaches the car, asks for the driver’s license and registration, and addresses the alleged offense. Depending on the circumstances, the officer may issue a citation or a warning, and the driver is usually free to go.
In some cases, however, what begins as a traffic stop evolves into an investigation regarding unrelated criminal activity, such as the possession of illegal drugs or possession with intent to deliver. But when does a traffic stop transform into something more? Can the police arbitrarily start looking for other reasons to arrest a driver who was initially pulled over for a minor traffic infraction? The United States Supreme Court addressed these questions in a ruling in 2015.
The Case in Question
In Rodriguez v. United States two years ago, the nation’s high court was asked to rule on whether the police could prolong a traffic stop without reasonable suspicion of an additional crime. The case in question involved a Nebraska man who was stopped for erratic driving by a police K-9 unit. The officer conducted the stop and issued a written warning but did not allow the man to leave immediately. Instead, the officer waited eight minutes for backup then allowed his dog to sniff around the man’s vehicle. The dog alerted the officer to the presence of methamphetamines and the driver was arrested.
