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Recent Blog Posts
Common Misconceptions About Your Miranda Rights
If you have ever watched a crime-related television program, you know that most episodes end with a suspect in handcuffs and, as the screen fades to black, you can hear the arresting officer begin to say, “You have the right to remain silent.” Thanks to this type of depiction in entertainment, most people are aware of the series of statements known as Miranda rights—sometimes referred to as Miranda warnings. Unfortunately, however, there are many misunderstandings that persist about these warnings and the rights of a criminal suspect who has been placed under arrest.
What Are Your Miranda Rights?
The Miranda warnings trace back to a 1966 U.S. Supreme Court ruling in a case entitled Miranda v. Arizona. In that case, the suspect, Ernesto Miranda, was never informed of his constitutional right to an attorney and to avoid incriminating himself prior to being questioned by police. During a two-hour interrogation session with no lawyer present, Miranda confessed to the crimes of rape and kidnapping. The Supreme Court eventually overturned the conviction stating that suspects must be informed of certain constitutional rights before questioning or the results of the interrogation may not be admissible in court.
Determining a Defendant’s Fitness to Stand Trial
Illinois law presumes that a criminal defendant facing charges for assault or another crime is fit to be tried and receive a sentence. However, the law also recognizes that circumstances might render a defendant unable to comprehend the proceedings against him or to help with his own case. If the defendant has a mental or physical condition that raises a bona fide doubt regarding his fitness to stand trial, then the court will hold a hearing to determine the issue.
The fitness of the defendant can be highlighted by the defense, prosecution or the court any time before a plea is made or prior to or throughout the course of a trial. The defendant may request that a qualified professional examine his fitness. Once the defendant’s fitness has been brought into question, the prosecution is required to show (by a preponderance of the evidence) that the defendant is fit. However, the court may also conduct its own inquiry, including the calling of witnesses.
First-Time DUI Offenders Have Options under Illinois Law
Charges of driving under the influence are always serious. Intoxicated driving creates significant danger not only to the drunk driver, but to anyone else who may be sharing the road. As such, penalties for DUI can be severe, even for a first offense. However, in an effort to prevent future violations, provisions in Illinois may allow a first-time offender options to reduce some of the punitive and legal consequences.
Maximum Penalties
An individual convicted of DUI in Illinois for the first time faces a number of potential penalties. His or her driving privileges may be suspended for six months, and, if chemical testing was refused at the time of arrest, the suspension will be enforced for one year. In addition to license suspension, a conviction also carries up to one year in prison and $2,500 in fines, not including court costs and other fees. A first DUI offense also remains on the driver’s record, adding to the potential penalties of future convictions.
Illinois Governor Signs Bail Reform Measure
If you were to ask several random people to list the top three current problems with our criminal justice system, there is a good chance that many of the respondents would include overcrowded jails and prisons in their list. The concern over the nation’s large prison population is certainly founded in truth, and while the issue exists nationwide, taking action to remedy the problem falls largely to each individual state. Earlier this month, Illinois Governor Bruce Rauner signed a bill that is designed to lower the state’s incarceration numbers. The new law promises to reduce the number of criminal suspects who are forced to sit in jail and wait for a trial simply because they cannot afford to post bail.
Bipartisan Cooperation
For many Illinois residents, the cooperation between Republicans and Democrats on the issue of criminal justice reform was welcome and refreshing. “We, as the people of Illinois, can agree (this) is a fair way to address…things that are not done fairly,” said Democratic Senator Donne Trotter of Chicago. Republican House Minority Leader Jim Durkin of Western Springs agreed, “I think it’s important, it’s right, it’s fair, and it’s important for our society.” Durkin also commented that the bill is “tough on crime but also smart on crime.”
Illinois Law Protects Those Who Seek Help in Overdose Situations
Over the last several years, the number of deaths associated with drug overdoses has skyrocketed. In 2015, more than 52,400 individuals died as the result of a drug overdose. Last year, estimates place the number of deaths at around 59,000. These statistics indicate that overdose deaths now claim more lives each year than auto accidents and shootings.
Of course, public service campaigns and educational outreach programs have attempted to convince individuals to stay away from addictive drugs, but, unfortunately, they do not seem to be working all that well. States around the country have noticed a marked resurgence of heroin, along with fentanyl—a synthetic opioid that is often wildly unpredictable and dangerous. In light of the growing problem, many states, including Illinois have enacted laws that offer a level of immunity to a person who seeks help during a possible overdose situation.
Criminal Arrest Procedures
Criminal prosecution typically begins with an arrest. It is important to understand Illinois law regarding arrest procedures because if the authorities violate a defendant’s rights from the get-go, it could prejudice the state’s case. The following comes into play when a peace officer is allowed to make an arrest:
- The officer has a warrant ordering that person’s arrest;
- The officer has reasonable grounds to believe there is a warrant for that person’s arrest (issued in Illinois or in another jurisdiction); or
- The officer has reasonable grounds to believe that the person is committing or has committed a criminal offense.
(Note that Illinois law requires the arresting officer to ask the arrestee if he has minor children at home. If so, the officer will assist the arrestee in finding someone to look after them.)
Popping Tags Is Still Retail Theft
When the average person thinks about shoplifting—which is a form of retail theft —he or she is likely to envision the offender slipping unpurchased merchandise into a purse, under a shirt, or into a pocket. Shoplifting charges, however, cover a broad range of activities that all deprive the store of full payment for the merchandise. Retail theft costs stores billions of dollars each year, despite anti-theft efforts and improvements in related technology.
How to Get Arrested Despite Paying For Merchandise
A recent pop song extolled the fun involved with “popping tags.” For those unfamiliar with what this is referencing, it refers to those with a limited amount of funds available, or who just want a thrill or to save money, go into a store and switch the price tag of the item with one from an item at a lower price point. They then go to the cashier and pay the lower cost. In Illinois, this constitutes theft , which occurs anytime someone deprives the merchant of the full retail value of a product. By paying the lower price, the behavior prohibits the store from making their money.
Reckless Driving - Will County Criminal Defense
Reckless driving is one of the most frequently charged traffic violations. This is due, however, to the fact that the offense is defined broadly in the law and encompasses a multitude of behaviors. From speeding to failing to slow through a curve or rapid lane changes, reckless driving remains a “go-to” charge for many law enforcement officials. If you are facing reckless driving charges, it is important to know what that entails and the possible consequences of a conviction.
What Is Reckless Driving, Anyway?
According to Illinois law, the definition of reckless driving is operating a vehicle with, “with a willful or wanton disregard for the safety of persons or property.” A conviction, therefore, requires proof of the mindset of intentionally endangering others or a complete lack of consideration. If the prosecution successfully proves purposeful disregard for safe driving, the allegations are more severe than careless or improper driving.
How Long Does the State Have to Bring Criminal Charges Against You?
Generally, the state must bring criminal charges within a prescribed time period, known as the “statute of limitations.” This time period varies according to the crime allegedly committed, but if a particular statute is silent on the issue, then Illinois law sets forth a general timeframe: Felony charges must be brought within three years of commission, and misdemeanor charges must be brought within one year and six months of commission.
There are limited exceptions. For example, the statute of limitations may be extended under the following circumstances:
1. In a prosecution for theft involving a breach of fiduciary obligation where the aggrieved person is under 18 or is legally disabled, the action may be commenced during the minority or disability or within 365 days after the minor becomes an adult or the disability ends. For example, if the aggrieved person is legally disabled and retains this disability for his entire life, then criminal charges may be brought at any point during his lifetime.
Being Released on Bail or on Your Own Recognizance
When the state presses criminal charges against an individual, that person may be detained in jail or another detention facility. However, Illinois law holds that most criminal offenses are bailable before conviction, meaning that defendants may be set free on bail prior to trial.
The law withholds bail “where the proof is evident” or “the presumption great” that the defendant committed one of the following offenses:
- Offenses that impose a sentence of life in prison;
- Felony offenses that impose a sentence of imprisonment without conditional or revocable release, if the court determines after a hearing that releasing the defendant would pose a real and present threat to the physical safety of one or more individuals;
- Stalking or aggravated stalking, if the court determines after a hearing that releasing the defendant would pose a real and present threat to the alleged victim’s physical safety;
