Schedule a Free Consultation|
Call 815-740-4025
-
- Home
- Our Firm
- Criminal Defense
- Assault & Battery
- Domestic Battery / Domestic Violence
- DUI/DWI
- Drug Crimes
- Driver's License Reinstatement
- Speeding Tickets, Traffic Offenses & Violations
- CDL Violations
- Gun & Weapons Charges
- Felony Crimes
- Misdemeanor Crimes
- Juvenile Crimes
- Expungement & Record Sealing
- Resisting Arrest / Obstructing the Police
- Retail Theft & Shoplifting
- Police Questioning: When Miranda Warnings Are Required
- Media
- Blog
- Contact
Recent Blog Posts
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;
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.
