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Recent Blog Posts
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;
Unlawfully Supplying Firearms to Someone without a FOID Card
Not too long ago, an Illinois man was charged with first-degree attempted murder, aggravated battery, and aggravated discharge of a firearm after allegedly shooting two sheriff’s deputies outside his home using a semi-automatic assault rifle. The man’s aunt has since been charged with unlawfully supplying that weapon to her nephew, whose firearm owner’s identification card was revoked almost 15 years ago. Police reports indicate that she admitted to giving her nephew the assault rifle – as well as two other firearms – a couple of months before the October shooting.
Illinois law generally does not permit anyone without a FOID card – which must be issued by the Department of State Police – to acquire or possess firearms or ammunition. Accordingly, if you are aware that someone does not have a FOID card, it is illegal to supply him with a weapon. The unlawful sale or delivery of firearms is a felony offense. Punishment depends on the category of person you unlawfully supplied with a firearm as well as the number of offenses you have committed.
Can You Appeal Your Criminal Conviction
The ability to appeal a criminal conviction is a constitutionally protected right that is incredibly important to the integrity of our criminal justice system. There are various reasons you may want to appeal a criminal conviction, including:
- Ineffective assistance of counsel;
- Faulty evidentiary ruling by the court;
- Faulty jury instructions;
- Unfair or biased trial; or
- Excessive sentencing.
Appealing a criminal conviction does not automatically mean that you are going to be granted a new trial. Filing an appeal is a complex process, it is important to work closely with an attorney who can provide guidance along the way. There are deadlines, rules, and arguments that apply specifically to the appeals process and any mistakes could undermine your chances for a successful appeal.
How Does the Appeals Process Work?
The appeals process starts at the time of the original trial. If you have been arrested and charged with a crime, you may end up fighting the case in court. During your criminal trial, the judge will likely make several rulings based on precedent, as well as statutory law. The judge may rule on evidence, on what specific jury instructions the jury will receive, as well as about which laws apply to your specific case. Almost any ruling by the court could be subject to appeal in the future.
California Man Clocked at 88 M.P.H. While Driving Iconic DeLorean
Traffic violations are no laughing matter. They can lead to serious consequences including the suspension of your driving privileges, in some cases. A recent incident on a California highway, however, left both the driver and the police officer smiling at the unique nature of the situation in spite of the potentially costly fine.
A Dream Car
In the months and years leading up to the film’s release in 1985, the minds behind Back to the Future wanted to find a futuristic-looking vehicle to be used as a time machine—an essential part of the movie’s plot and widespread appeal. They eventually settled on the DeLorean DMC-12. The model number is a little misleading as it was the only model ever produced by the DeLorean Motor Company, but with its stainless steel body and gull-wing doors, the car that is known simply as “the DeLorean” certainly fit the bill.
In the years since the film’s release, the DeLorean has become a pop culture icon. Just over 9,000 were originally built, and they have long since become the targets of collectors, film buffs, and others with an interest in unique automobiles. Various companies have also made kits available so that owners can make their DeLoreans look like the time machine from the movie.
Fourth Amendment Searches Can Be Based on Reasonable Mistakes of Law
The U.S. Supreme Court issued an opinion in Heien v. North Carolina, which asked the Court to consider whether a mistake of law justifies a traffic stop and subsequent Fourth Amendment search and seizure. The Court held that it does, but only if the legal error is objectively reasonable.
The Facts of Heien
A North Carolina police officer stopped Heien for driving with a broken brake light. The officer asked Heien for permission to search the vehicle, and Heien agreed. The officer then discovered cocaine hidden in a duffle bag in the car, which led to Heien’s conviction for attempted drug trafficking. On appeal, the North Carolina appellate court found that state law only requires one working brake light. Thus, the court held that Heien did not violate the law by driving with one broken brake light, and that the officer’s mistake of law did not permit the stop.
The North Carolina Supreme Court reversed the lower court’s decision, ruling that the officer’s mistake was reasonable and therefore did not violate the Fourth Amendment guarantee against “unreasonable” searches and seizures. Heien appealed to the U.S. Supreme Court, which upheld the North Carolina court’s decision.
A Juvenile Adjudication Could Affect Future Education Opportunities
Although Illinois has made some major steps in their treatment of juvenile offenders, there are still collateral consequences that may impact their ability to pursue higher education. Learn more about the educational collateral consequences that juvenile offenders could face with help from the following information. You will also learn how you can protect your child and their rights with assistance from an experienced criminal defense lawyer.
Adjudication vs. Conviction
Before truly examining the collateral consequences of a juvenile offense, it is critical to understand the difference between an adjudication and a conviction. Convictions usually apply to adults—those aged 18 or older—and minors who are tried as adults, which may occur if the offense is violent or sexual in nature. This can affect the individual’s entire life in numerous ways, including imprisonment, fines, and a criminal record that can make obtaining employment, housing, or federal aid for higher education extremely difficult.
Potential Pitfalls of Concealed Carry in Illinois
Generally speaking, if a person possesses an Illinois Firearm Owner’s Identification Card (FOID), he or she may own a firearm, as long as it complies with all other relevant Illinois laws. If that person also holds a valid concealed carry permit, he or she may then carry their weapon in that manner. However, many gun owners make the error of believing that they may carry their weapon anywhere and with very little restriction. This is emphatically not the case, and in fact, bringing a firearm into a location where firearms are banned—either carried openly or concealed—can result in weapons charges that carry serious penalties. Gun owners should be aware of their rights and how far they extend.
Concealed Carry Vs. Total Ban
It is not uncommon for a person to believe that when a certain location professes to ban firearms, they merely mean open carry. In reality, if a private business or public entity decides to prohibit guns and other firearms, this also applies to concealed carry license holders unless it specifically excludes concealed carry from the ban. Most private-sector bans do not, however, apply to weapons that are broken down or otherwise in a non-functional state, such as when they are being transported in an appropriate and legal manner.
The Difference Between Theft, Burglary, and Robbery Charges in Illinois
The terms theft, burglary, and robbery are often used synonymously and interchangeably in daily conversation, but the three are not the same. While your friends and family understand it to mean that items were taken without knowledge or approval, in a court of law, these terms indicate various behaviors and thus carry a variety of punishments upon conviction. If you are facing any theft crime charges, it is important to understand the difference and how they can impact your future.
Burglary
Believe it or not, you do not have to take anything to face burglary charges. You simply need to enter into an area in which you did not have authorization. What makes burglary any different than trespassing? The most basic difference is the offender’s intent. The prosecution has the burden of proving that you intended to commit a felony or steal something. If they can demonstrate that you had intent, a conviction is a Class 2 felony which carries a prison sentence of three to seven years. If the break-in with intent occurred at a protected facility, such as a church or daycare, the penalty bumps up to a Class 1 felony with a mandatory four-year prison sentence but potentially up to 15 years. Either way, a fine of up to $25,000.00 may be applicable.
Changes to Expungement Law Could Make a Major Difference for Many
The Illinois Criminal Identification Act (ICIA) governs numerous components of the state’s criminal system, including regulations about expungement of a person’s criminal record, and in recent months, it has undergone a major change. Since the law’s official modifications went into effect on January 1, 2017, some ex-convicts in Illinois have seen their lives change for the better. However, many are still unaware of the potentially beneficial amendments to the ICIA.
The Changes
The specific changes made to the ICIA may be somewhat difficult for the average person to understand, as the relevant statute is couched in highly technical language. Essentially, however, the most substantive change is to the requirements one must meet before beginning the process of expunging an eligible arrest from one’s record. Formerly, any Illinois resident who had been convicted of any type of crime which was not expungeable could not petition to remove any crimes on their record that were. The passage of Public Act 099-0881 in late 2016 changed that, with the law going into effect at the beginning of this year.
Resisting Arrest Can Lead to Serious Trouble
One of the most widely covered news stories of 2014 revolved around the death of Eric Garner in New York City. The circumstances surrounding his case have been hotly debated, as some insisted that the actions of the police were unwarranted, while others maintained that Garner’s own actions in resisting arrest ultimately led to his death.
The tragic New York incident represents just one of the thousands of cases in America each year that involve resisting arrest or obstruction of a peace officer. While discussion over the appropriate use of police force and authority is certainly warranted, state laws across the country, including Illinois, clearly prohibit resisting arrest or otherwise preventing a peace officer from performing his or her duty.
Resisting Any Arrest
One of the most important aspects of the Illinois statute regarding resisting arrest is that it makes no mention of lawful arrest. This means that resisting arrest charges may still be valid even if the arrest itself was unlawful. While it may seem unfair to many critics concerned with the abuse of police authority, from a legal standpoint, it provides law enforcement with a degree of protection in performing their duties.
