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Beyond a Reasonable Doubt - The Standard in Criminal Proceedings

 Posted on September 12, 2017 in Uncategorized

The presumption of innocence is a cornerstone of the American legal system. When an individual has been charged with a crime, he or she is Innocent until proven guilty. Criminal defendants often face serious punitive consequences, including the death penalty. Therefore, the burden of proof is highest in criminal cases -higher than in any other area of the law. Though capital punishment is no longer used in Illinois, criminal convictions can still result in life-altering consequences for those charged. The standard of proving guilt beyond a reasonable doubt ensures that only the guilty are convicted.

Legal dramas on television often lead viewers to believe that the victim of a crime must press charges against the perpetrator. However, this is not entirely accurate. Victims can file a police report and cooperate in the prosecution of an offender, but the government is who decides whether or not to pursue a conviction. The prosecution may be handled by a United States Attorney in federal court or by the State’s Attorney in any Illinois County. If a prosecutor files formal charges against a suspect, the burden of proof is on the prosecution. The term “burden of proof” means the obligation to prove one’s allegation. So, the attorneys for the government must prove beyond a reasonable doubt that the defendant is guilty of the crime he or she is accused of committing. A defendant is not required to prove his or her innocence in the same way—or at all.

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Nurse Arrested for Refusing to Allow Police to Take Patient’s Blood

 Posted on September 10, 2017 in Uncategorized

Footage from the body-cam of a Salt Lake City police officer recently went viral, causing a massive, national debate over the behavior of law enforcement in stressful situations. In the video, a nurse at a Salt Lake City hospital can be seen arguing with a police detective about his request to take blood from an unconscious patient. For many, the video raised serious questions about whether such blood draws would violate a person’s rights. As it turns out, however, the United States Supreme Court has largely answered the question already.

The Disturbing Footage

The incident took place in late July, but the video only become available a little over a week ago. The video was taken by body-cam of an officer who was at the hospital, as well as from footage taken by hospital security cameras. The footage shows a staff nurse refusing to allow a police detective to draw blood from the unconscious victim of a car accident. The nurse tells the detective that blood cannot be taken unless the patient gives consent, the police have a warrant, or the patient is under arrest.

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Understanding Probable Cause and 4th Amendment Searches

 Posted on September 09, 2017 in Uncategorized

Television shows and movies may create a false picture of what it is like when someone is served with a search warrant by law enforcement. Many citizens are left with the impression of a polite knock on the door, presentation of the warrant, and then entry by police. While, in reality, that may happen from time to time, the truth is that conducting searches is not always as simple as what is shown on the screen.

What Makes a Search Legal?

The 4th Amendment protects citizens from an illegal search and seizure of property. This requires that, in most cases, law enforcement obtain a search warrant prior to conducting a search. To secure a search warrant, a judge must be convinced there is probable cause for police to enter private property.

Because the 4th Amendment does not define “probable cause,” that burden falls to the courts. One commonly shared explanation of the term is as follows:

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Illinois Bail Reform Enacted

 Posted on September 08, 2017 in Uncategorized

Earlier this summer, Illinois Governor Bruce Rauner signed the Bail Reform Act. The new statute, which went into effect immediately after the signing, is said to be an attempt at alleviating overcrowding in county jails, and a form of relief for those unable to afford the bail amount for minor and nonviolent offenses.

Opponents of the old “cash bail” system claim it is unfair, and make the argument that it favors defendants charged with violent crimes who have money over the indigent or destitute who are charged with nonviolent crimes.

What the New Law Changes

Previously, when charged with a crime, a defendant who was ordered held in lieu of bail was held in the county jail until they paid at least 10 percent of the bail amount. Those who could not afford the amount would remain in custody throughout their trial or until the matter was resolved. The Bail Reform Act considers the following :

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Is Uber Really Preventing Drunk Driving?

 Posted on September 07, 2017 in Uncategorized

Around the country, ridesharing services like Uber and Lyft have become immensely popular, especially among younger adults. It is very easy to open a smartphone app, tap a few times, and have a car arrive to pick you up exactly where you are. These services have proven to be extremely convenient, even in cities with reliable mass transportation like Chicago. Unlike the “L,” Uber and Lyft offer door-to-door service, and it is often much quicker and cheaper to call an Uber than it is to find a taxi. But, what about Uber’s claims that the service is reducing drunk driving in the areas it serves? Is there any truth to them?

The real answer is that it is hard to say for sure. While there are indications that drunk driving fatalities have gone down in many cities, there are countless variables to consider, and the arrival of Uber is merely one.

Conflicting Studies

A recent study from the City University of New York found that since Uber began service in New York City in 2011, there has been a drop in alcohol-related accidents of up to 35 percent compared to areas not served by Uber. That is not an insignificant number, especially considering the immense population of the Big Apple. That study’s author acknowledged that the trends point to Uber helping the nation’s drunk driving issues but said that more evidence is needed to prove it.

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Concealed Carry Applications on the Decline in Illinois

 Posted on September 06, 2017 in Uncategorized

In 2014, Illinois became the last state to allow gun owners the right to carry concealed firearms, and while a large number of concealed carry permits were issued that year, applications statewide for these permits have been on a steady decline, aside from a slight increase in 2016. The exception to this trend, however, is that a greater number of citizens residing in rural areas are submitting applications for legal concealed carry of a firearm.

Conceal Carry by the Numbers

It should be noted that the analysis of these trends does not differentiate between the year an application is submitted and when the permit was issued, should those events occur in separate calendar years. However, according to totals provided by the Illinois State Police, which oversees processing, issuing and revocation (if necessary) of concealed carry applications and permits, the numbers for Illinois since the law was enacted are as follows:

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Illinois Traffic Fatalities are on the Rise

 Posted on August 30, 2017 in Uncategorized

Recent news reports about the rate of traffic fatalities presented mixed results for drivers in the state of Illinois. While fatalities involving drunk drivers fatalities involving drunk drivers continue to decrease, the overall number of deaths due to traffic accidents is on the rise in Illinois and across the country.

Drunk Drivers and Drunk Driving Deaths

Twenty years ago, the Illinois legislature passed a statute that lowered the permissible blood alcohol content (BAC) for drivers from .10 to .08. That law took effect just prior to the 4th of July holiday in 1997. A few facts about the law impacting driving under the influence include:

  • Prior to the law change, Illinois experienced over 500 deaths in crashes where at least one driver had a BAC over .08.

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How to Respond to an Order of Protection

 Posted on August 29, 2017 in Uncategorized

Domestic life is filled with ups and downs. Under the very worst conditions, disagreements between couples sometimes result in threats or acts of intimidation or violence, be they physical or verbal. This could result in one party obtaining an order of protection against the other, which is a court-issued order prohibiting those accused of violence from contacting and/or being near the alleged victims.

Three Types of Protection Orders

Generally speaking, there are three types of protection orders:

  • An Emergency Order of Protection provides immediate protection to domestic violence victims, and it may stay in effect until the hearing for a plenary order (which is protective order that lasts for a longer period of time). A hearing for a plenary order will take place within 14-21 days of being issued an emergency order of protection.

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DUI - Understanding Standardized Field Sobriety Tests

 Posted on August 25, 2017 in Uncategorized

When you have been pulled over on suspicion of driving under the influence (DUI), the officer has several tools at his or her disposal for determining your estimated level of impairment. The officer will observe your posture, speech patterns, and overall demeanor, looking for indications that you have had too much to drink. You may also be asked to take a preliminary breath test—one that is not necessarily admissible in a criminal trial, but a test that can still be used against you at your license suspension hearing.

Prior to being arrested, it is also likely that the officer will ask you to participate in a series of assessments known as the standardized field sobriety tests or SFSTs. It is important to know that you are permitted to refuse all standardized field sobriety tests and you are also able to refuse any request by the officer to take a breath test, whether it be a portable breath test or the “official” test at the police station after your arrest.

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Synthetic Opioid Fentanyl: The Drug Driving the Nation’s Opioid Abuse Epidemic

 Posted on August 24, 2017 in Uncategorized

Communities across the nation are dealing with unprecedented rates of drug abuse and fatal overdoses in alarming numbers. Law enforcement and government officials have gone on record referring to the problem as an epidemic that reaches from coast to coast. While the use of drugs in general is on the rise, one particular class of drugs known as opioids is causing more than its fair share of issues. Opioids include prescription painkillers such as OxyContin, Vicodin, and Percocet, as well as street drugs like heroin. Many experts now believe, however, that one prescription opioid—known as fentanyl—is now at the root of the problem.

What Is Fentanyl?

As a synthetic opioid, fentanyl is typically prescribed for patients dealing with severe pain. It was first developed in 1960 and entered the market as an aesthetic. The drug is currently sold under the brand names Actiq, Duragesic, and Fentora. Prescription strength fentanyl is estimated to be up to 100 times more powerful than morphine and up to 50 times stronger than heroin.

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