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Recent Blog Posts
Owning a Firearm in Illinois
Despite the efforts of some municipalities to ban gun ownership or the sale and transfer of weapons within their city limits, owning a firearm in Illinois is completely legal. However, it is important that law-abiding citizens follow the procedures for the purchase and use of guns to ensure that they do not jeopardize their 2nd Amendment rights.
Before You Purchase a Gun
In Illinois, an individual cannot walk into a gun shop and buy a gun on the spot. The state, with guidance from law enforcement officials, established steps that an individual is required to follow in order to legally own a firearm:
- Apply for and obtain a Firearm Owner’s Identification Card (FOID) . This card identifies the holder as one who is eligible to purchase and/or own a gun and ammunition. This regulation was enacted in 1968. The process includes a very thorough background check to determine if the applicant has a criminal record or another violation that makes them ineligible to obtain the card.
The Consequences of Refusing a Breathalyzer
You have probably seen it countless times in movies and television. A person is detained by police for questioning or arrested on suspicion of a crime, and along the way, that person demands something from the officer—usually a phone call—while declaring something to effect of “I know my rights.” Real life, of course, is often much different than what you see on TV, and a large portion of the population probably does not what rights they have in a given situation. For example, if you are pulled over on the suspicion that you are driving under the influence (DUI), do you have the right to refuse to take a breathalyzer test?
Implied Consent
According to Illinois law, a person who operates a motor vehicle on the streets or public highways of the state automatically grants his or her consent to submit to chemical testing for blood-alcohol content (BAC). Such tests may be breath, blood, or urine tests, with breath tests being the easiest to administer during a traffic stop. There is, however, an important provision in the law that is relevant to your rights in this type of situation.
Sweep in Will County Seizes Drugs, Illegal Firearms
Gun violence and illegal drug activity continue to be major concerns in the greater Chicago area. The problem, however, is not limited to the inner city. Fortunately, neither are actions by law enforcement. This week, police in Will County conducted a large-scale sweep that resulted in the seizure of drugs and guns, as well as the arrest of at least 12 people—many of whom are suspected to have connections to gang activity and related violence.
A Cooperative Effort
Will County State’s Attorney James Glasgow help a press conference on Tuesday to announce the success of the operation. He said that more than 100 law enforcement officers from local, state, and federal agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, were involved in the sweep. According to Joliet Police Chief Brian Benton, the sweep began at 6 a.m. on Tuesday and a dozen arrests were made within five hours. Arrest warrants were issued for four more individuals who have yet to be apprehended.
Is it Drug Possession or Drug Distribution? It Makes a Difference
Finding yourself in police custody facing drug possession or distribution charges is a serious matter. Both charges may result in serious consequences and penalties, but the severity of the punishment as well as opportunities for relief depend on the type of illegal substance and the amount or weight of the material in your possession at the time of arrest.
Possession or Distribution
Possession of a controlled substance is generally defined as having illegal drugs on your person or on or around your personal property such as an automobile. Under Illinois law, the following may apply when facing a possession charge:
- Those found in possession of up to 15 grams may be granted probation.
- Prior felony or drug convictions make probation more difficult to obtain.
Distribution, which is included under the broader term of “drug trafficking” is viewed as a more serious matter because it involves the production and sale of illegal substances to others. The Illinois Controlled Substances Act thoroughly defines various illegal substances and the penalties for distributing those substances. It is important to know that:
A DUI Does Not Always Result in Lost Driving Privileges
First, it must be stressed that at no times should anyone operate a motor vehicle after consuming alcohol or while under the influence of drugs; the consequences of doing so could be life altering. However, even the most well-intentioned individuals make mistakes and could find themselves facing a long and expensive journey through the legal system.
It is important to remember that a DUI charge in Illinois does not necessarily mean that your driving privileges end. The outcome of your case, even in the event of a conviction, could still allow you to retain some driving privileges and, eventually, file for reinstatement of your license.
Some Possible Consequences and Options if you Receive a DUI
Under the strictest application of penalties for a first DUI conviction, a Class A misdemeanor, one may face the revocation of driving privileges for one year (two years if the driver is under the age of 21) and the suspension of vehicle registration. However, the following is a summary of possible options for individuals facing a first or even subsequent DUI offense in Illinois that include the ability to continue driving:
Asset Forfeiture Reform Bill Awaits Governor’s Signature
According to a recent analysis of public records, law enforcement agencies and prosecutors in Cook County conducted 23,000 seizures of private property between since 2012. The study also indicated that a disproportionate number of the seizures occurred in the most poverty-stricken neighborhoods of Chicago—which also happen to be primarily communities of people of color. A proposed law, however, has been passed by the state legislature that would curtail the practice of asset forfeiture related to criminal activity and is now on the desk of Illinois Governor Bruce Rauner.
What Is Asset Forfeiture?
Asset forfeiture laws were originally enacted to help police agencies address the problem of organized crime and large-scale criminal operations. The idea was that if the government—through the police and prosecutors—was permitted to seize property related to the commission of a crime, they would be able to disrupt crime syndicates and gangs. Under such laws, police could seize property based on the suspicion that it was involved in criminal activity, even if the owner is never charged, let alone convicted.
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.
