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Recent Blog Posts
The Difference Between Misdemeanor Shoplifting and Felony Retail Theft
An individual charged with shoplifting may later learn they are facing a much more serious felony charge. How did this happen? What should you do? Illinois statutes lay out in detail the difference between theft and retail theft, and within the laws are provisions that allow for prosecutors to upgrade charges from misdemeanor shoplifting to a felony depending on the circumstances of the case.
When Does Shoplifting Become a Felony?
The basic definition of retail shoplifting is when a person is alleged to take, possess, carry away, or transfer any retail merchandise. However, intent to deprive the merchant of full value must be proven. Under this definition, the accused of an alleged crime should pay for the merchandise, but not pay full value – as if one were to alter or swap out a price tag or “under ring” the item’s price at checkout. Under Illinois law, when it is a first offense and the value of the merchandise is under $300 (or $150 in motor fuel), a misdemeanor charge is usually brought.
Illinois Property Crimes: Burglary
In a recent post on this blog, we talked a little bit about the differences between two common types of property crimes—specifically the offenses of theft and robbery. That post also made reference to a third offense that is often lumped in with the other two despite being rather different. The crime of burglary is one that is frequently misunderstood but can lead to serious criminal consequences for those who are convicted.
What Is Burglary?
According to Illinois law, the crimes of theft and robbery involve the taking or attempting to take property belonging to another person. Burglary, however, does not require the offender to take or to try to take anything; his or her intent is what matters. The Illinois Criminal Code provides that a burglary occurs when a person gains unauthorized access to a home, building, boat, airplane, car, or trailer with the “intent to commit a felony or theft.” So, what does that mean?
Illinois Property Crimes: Theft and Robbery
If you ever watch the news or skim local newspaper, you have probably heard reports of countless individuals who were arrested on suspicion of a wide variety of criminal offenses. When the crime in question involves the taking of someone else’s property , there are several charges that could be brought against the suspect. While many of them may sound similar to the average person, there are distinct differences between theft, robbery, and burglary in Illinois.
Property Crimes
Theft, robbery, and burglary are commonly considered types of property crimes because, for the most part, they involve the unauthorized taking of property belonging to another person. While an upcoming post will address how burglary can be a little bit different, theft and robbery charges may be brought against a person if law enforcement believes that he or she took or attempted to take someone else’s personal property.
Theft
Theft is perhaps the most basic of all property crimes and the charge may include a wide variety of circumstances and types of property. Illinois law defines theft as knowingly obtaining or exerting unauthorized or illicit control over another’s property either by direct taking, by deception, or by threat. Theft also includes obtaining control over property known or believed to have already been stolen.
More Than 100 Shootings Around Chicago Over July 4th Holiday Weekend
Fireworks have been used as a form of celebration around the world for about 1,500 years—longer if you count pre-gunpowder displays featuring fire and bamboo. Thus, on certain holidays, including Independence Day, it is hardly unusual to hear the screams of whistling fountains, the bangs of bottle rockets, and the percussive booms of large flowering fireworks from backyard displays and licensed fireworks shows in your area. Unfortunately, for many in Chicago this year, some of the explosions that could be heard were not fireworks at all, but rather the sound of gunfire. According to local news outlets, at least 101 people were shot in the city between Friday afternoon and early Wednesday morning of the July 4th Holiday week.
Peaks and Valleys of Gun Violence
The violence began on the Friday before, with 19 people shot that day and 23 on Saturday—disturbing numbers, but not out of the ordinary necessarily. Sunday and Monday nights, by comparison, were rather quiet, according to data maintained by the Chicago Tribune, especially by summer standards, as 17 shooting occurred on the two evenings combined. Things remained relatively calm until Tuesday afternoon, however, as the holiday itself seemed to prompt additional violence. Between 3:30 p.m. on Tuesday and 3:30 a.m. on Wednesday, the Tribune reports that 42 additional people were shot.
Opioid Addiction and the Nation’s Drug Problem
Opioid-based medication has been available to the American public since before the Civil War, but recently, these types of drugs have skyrocketed to the forefront of Americans’ attention. Law enforcement and government officials have gone so far as to declare the opioid abuse a national epidemic, and if arrest rates and overdose numbers are any indication, there are no signs that an end to the problem is in sight.
Morphine was originally used to treat soldiers’ battle wounds, and in 1898, heroin became commercially available. "They are effective pain relievers, and that's what they were being used for. There weren't many other options." Says Kimberly Johnson, director of the Center for Substance Abuse Treatment at the Substance Abuse and Mental Health Services Administration. By the 1920s, health care professionals were becoming increasingly concerned about the addictive properties of opioids and started prescribing them less. Heroin was made illegal in the United States in 1924.
Navigating the Juvenile Court System in Illinois
The first juvenile court was established in Cook County in 1899. Since then the juvenile justice system has seen a number of changes to better serve minors who are charged with crimes.
What is the Purpose of the Illinois Juvenile Court System?
When the state of Illinois enacted the Juvenile Court Act of 1987, it attempted to set clear goals for the juvenile justice system to meets the needs of minors who are charged with crimes. At its core, the stated purpose of the act is to:
- Secure the care and guidance to serve the safety and moral, emotional, mental and physical welfare of the minor, preferably in his or her own home.
- Serve the best interests of the community.
- Preserve and strengthen the minor’s family ties, whenever possible.
- Remove the minor from the custody of his or her parents when the safety or welfare of the minor, or protection of the community, cannot be adequately safeguarded.
Repeat Gun Crime Offenders Face New Sentencing Guidelines in Illinois
It is no secret that the incidence of weapons violations in Chicago is high. Just last summer, the Chicago Sun-Times reported that more than 5,500 illegal guns were seized from January to September of 2016. The data reveals that law enforcement authorities are seizing more illegal guns in Chicago than anywhere else in the U.S.
Addressing this concern, last month Illinois Governor Bruce Rauner signed into law what is touted as new, tougher sentencing guidelines for repeat gun offenders.
Among those leading the push for stricter sentencing guidelines for repeat gun offenders were Mayor Rahm Emanuel and Chicago Police Superintendent Eddie Johnson. Johnson even spoke before the Senate’s Criminal Law Committee to encourage the changes, as Chicago experiences an era of record-setting gun violence and homicides. Both the Mayor and Police Superintendent advocated for the new, stricter sentencing guidelines to help police and prosecutors keep illegal guns and those who use them off the streets of the city. They see the move as one toward holding accountable for their actions those convicted of repeat gun crimes.
Appeals Court Upholds Drug-Induced Homicide Conviction
With all of the talk nationwide about criminal justice reform and alternatives to imprisonment for so-called “low-level” and non-violent offenders, it is understandable that the severity of certain drug crimes can be underestimated. Of course, in most such cases, the offenses in question tend to be simple possession or the possession of drug paraphernalia. Most people realize that other drug crimes—including possession with intent to deliver, manufacturing, and trafficking—are much more serious. Perhaps the most serious drug-related offense is known as drug-induced homicide and is, for all intents and purposes, tantamount to murder.
A case involving allegations of drug-induced homicide from 2012 was recently heard by an appellate court in Illinois. A three-judge panel upheld the trial court’s finding that the defendant had committed drug-induced homicide, despite being friends with the victim.
Distracted Driving. Will I Receive a Ticket?
Over the past several years, the state of Illinois has taken steps to reduce the occurrence of traffic accidents caused by drivers engaging in “distracted driving.” To most drivers distracted driving means talking on one’s cell phone while operating a vehicle, but in reality, distracted driving laws apply to several other activities.
According to the Illinois State Police, if a driver engages in any of the following activities, and as a result causes a traffic accident, he or she may face criminal charges and incarceration.
- Shaving or other grooming activities such as combing one’s hair or nail maintenance
- Texting or Emailing
- Tuning or adjusting the volume on the radio
- Reading and/or writing
- Eating, drinking, or smoking
- Applying makeup
- Arguing/fighting with passengers
- Adjusting contact lenses
- Picking up an item from the floor of the vehicle
- Reaching for the glove compartment
Even those activities that one would consider quite legal could cause a licensed driver to face charges under Illinois’s distracted driving statutes.
Illinois Case Raises Questions Regarding Urine Tests in DUI Cases
Over the last few years, there has been a great deal of discussion regarding implied consent laws and the ability of law enforcement to force a driver to submit to blood-alcohol content (BAC) testing. The issue is multifaceted, as with many subjects in the realm of criminal law, but the debate boiled down to two primary questions: Can police force a person to submit to BAC testing without a warrant when the person is arrested on suspicion of driving under influence ? If so, can that person be criminally prosecuted if he or she refuses a warrantless test? While the United States Supreme Court addressed these questions to a certain extent last year, a case in Illinois seems to have a found a loophole in the court’s ruling.
Birchfield v. North Dakota
Illinois—like every other state—maintains an implied consent law, which means that drivers who use the roads and highways in the state agree to submit to BAC testing if they are arrested on suspicion of DUI. Those who refuse are not subject to additional criminal penalties, but administrative penalties, including the suspension of driving privileges, do apply.
