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Recent Blog Posts
Preparing to Meet With a Criminal Defense Attorney
When you have been arrested on suspicion of drug possession , driving under the influence (DUI) , assault , or any other criminal offense , you need an attorney who will fight to protect your rights. Once you hire an attorney, however, there are a number of things you can to be proactive on your own behalf as well. You can help your case considerably by keeping an open line of communication with your lawyer and by providing him or her with all information that could be pertinent to your defense.
Before you meet even with your attorney, you should begin to:
Gather Documentation
Any and all paperwork and documents you receive from police, prosecutors, the court or any government agency could be relevant to your defense. Keep everything in a specific file and be sure to give your lawyer copies of documents such as:
• Search warrants and other documents related to a search executed by police; • Arrest warrants and accompanying affidavits; • Documents related to bail and the conditions of your release; • Any evidence the prosecution has turned over; • Charging documents; • Any documents related to prior crimes for which you have been arrested and/or convicted; and • Documents regarding your next court date
Driving Under the Influence in Illinois
Statistics from the Secretary of State’s office show that while there were fewer alcohol-related fatalities in recent years, the proportion of fatalities to which alcohol contributed has remained relatively stagnant, hovering around 40 percent except for one anomalous year. It is difficult for one to contemplate these figures; if the influence of alcohol were removed from the situation, the number of deaths would—at least in theory-be almost halved. Statistics like these only serve to reiterate how critical and important enforcement of DUI laws are to keeping the proverbial peace.
First Offenses
As is common in multiple other states in the U.S., a first offense of driving under the influence (DUI) carries relatively less stringent consequences than a second or third offense, but the intention is still punitive, and as such, offenders do not get off lightly. In Illinois, a first offense triggers administrative punishments including at least a six month license suspension, which may be as long as one full year, if the offender does not consent to blood alcohol content testing under the relevant implied consent laws. Criminal consequences include fines of up to $2,500 and a Class A misdemeanor on one’s criminal record.
FOID Applications for Convicted Felons
In most states across the U.S., conviction on a felony charge can lead to a person losing many civil rights, some temporarily and others permanently. In Illinois, one of the rights a person stands to lose upon conviction of felony charges is the right to firearms ownership. While the loss of this right is not technically permanent, the law makes it difficult for a convicted felon to regain the ability to legally own a firearm.
Firearm Owner’s Identification Card
In Illinois, gun owners are required to possess a Firearm Owner’s Identification Card, also known as a FOID card, in order to buy or own a gun. When a person is convicted of a felony, and he or she is a gun owner with a valid FOID card, the card is revoked after the person’s conviction. In addition, when applying for a FOID card, a person has to make a statement declaring that he or she has not been convicted of a felony. However, if a person’s felony conviction is far enough in the past, he or she may be eligible for a FOID card if other conditions are met.
What You Should Know About Assault in Illinois
Under Illinois law, there are several types of assault for which a person may face criminal charges. Assault, in any form, is a serious matter, and such charges may carry severe penalties. If you have been charged with assault, it is important to understand the potential implications.
The Basics of Assault
According to the Illinois Criminal Code , assault is defined as the act of placing someone at risk of bodily harm or creating the fear of such harm. This could include verbally threatening someone, or, perhaps, chasing after someone with your fists. It is crucial to recognize that assault charges are not dependent on whether you made physical contact with or injured another person. If you are found guilty of an assault charge without physical harm to the victim, you could still spend up to a month in jail and face up to $1,500 in fines. Your costs may also include legal fees and lost wages for missed work due to court appearances or time spent in jail. You may also be sentenced to up 120 hours of community service to be completed in accordance with the court’s direction.
Traffic Violations Excuses That Will Not Work
It is a common desire once you have been pulled over to attempt to escape having a ticket written against you. Whether bargaining with the officer on the side of the road or attempting to strike a deal with the prosecutor in court, many individuals wish to avoid the fines, fees, penalties, and higher insurance rates associated with a traffic conviction in Illinois. Some individuals may attempt to make their case more “deserving” of a favorable resolution by offering an excuse or a story. Some of these excuses or stories are less deserving of favorable action, however.
Worst Excuses for Your Traffic Ticket
Some of the worst excuses that you can offer in response to a traffic charge in Illinois include:
• “I really wasn’t paying attention.” Traffic laws are designed to promote attentive and safe driving. Admitting that you were not doing either is not a compelling argument that will encourage most law enforcement officers or prosecutors to give you a break. Even if they do, expect such an offer to come with a hefty price tag; • “You didn’t/couldn’t have seen me speeding (or whatever you are accused of doing).” Most officers take care to carry out their job duties in a professional manner. This idea that the officer was mistaken is often perceived as an attack on the officer’s ability to do his or her job correctly. As one might expect, this is not the best way to resolve your traffic citation without a conviction; • “Another driver was going faster than I was. Why didn’t you pull him or her over?” It may be true that other individuals were speeding as much as you were (or engaging in other violations of the vehicle code), but this in no way obviates you of your own culpability and responsibility. Depending on how this “excuse” is phrased, it may even be seen as an admission of guilt. • “I didn’t know that [some activity] was illegal.” In some cases, not knowing that certain behavior is illegal may provide some defense to criminal charges. In many traffic cases, however, ignorance of the law is not grounds for a dispute. Simply put, it does not matter, in most cases, whether you intended to violate the traffic laws or not.
What Laws Are in Place to Address Underage Drinking and Driving?
Underage drinking and driving is an ongoing problem all across the country, with a surplus of eye-opening statistics that illuminate the reality that the problem is not going to disappear anytime soon. Sadly, in many cases, minors gain access to alcohol because adults provide it for them. While we cannot always control where or how minors acquire alcohol or stop them from making the decision to get behind the wheel once they have consumed it, we do have the power to do our part to prevent these incidences from happening whether minors are under our direct supervision or not. Should an adult fail to be vigilant with this issue, or should they choose to willfully engage in an activity that allows minors access to alcohol, they are immediately at risk for criminal charges. Everyone loses under these circumstances: the minor caught drinking and driving, any victim(s) who may be affected by the behavior, and the adult responsible for allowing the behavior to take place.
Traffic Stops and Reasonable Mistakes of Law
Police are tasked with enforcing the law, but this can lead to problems when the police themselves do not understand it. For instance, police are not allowed to initiate a traffic stop for no good reason because a baseless stop violates the driver’s Fourth Amendment right to be protected from unreasonable searches and seizures. Instead, police must have a reasonable suspicion of a crime in order to stop a car. This leaves open the question of what to do when an officer has a reasonable suspicion that a driver is committing a crime because the officer misunderstands the law. A 2014 U.S. Supreme Court ruling determined that, in most such situations, a stop conducted as the result of an officer’s misunderstanding of the law is considered acceptable.
Traffic Stop Takes an Unexpected Turn
The case arose from a traffic stop that began as fairly routine. The police officer in question initiated the stop on the basis of the subject vehicle’s broken taillight—a condition that the officer believed was in violation of state law in North Carolina. During the stop, the officer asked for and received permission to search the vehicle. The search yielded a bag of cocaine, and the car’s owner was arrested.
Legal Marijuana Could Help Fight Heroin Epidemic
Over the last decade and a half, heroin use has become an issue of critical concern for communities around the country. The problem has become so serious and prevalent that it is being considered a nationwide epidemic. The federal government estimates that, on average, more than 75 people die every day from opioid overdoses—a class of drug that includes heroin as well as legally prescribed painkillers like Oxycontin and Vicodin.
The nature of heroin addiction makes deterrent and punitive efforts by law enforcement agencies difficult at best. A new study, however, suggests that the battle against heroin and opioid abuse may be shifting in some states—and for a surprising reason. It seems that the incremental legalization of marijuana may be decreasing heroin abuse and overdoses in states where medical marijuana programs have been implemented.
Promising Numbers
According to Yuyan Shi , a professor in the Department of Family Medicine and Public Health at the University of California, San Diego, “Medical marijuana laws may have reduced hospitalizations related to opioid pain relievers.” Shi compiled data from states which have legalized marijuana for medical use and found those that did saw hospitalizations for opioid use and abuse drop by about 23 percent. Hospitalizations for opioid overdoses dropped by an average of 13 percent. The research also indicated that there was no increase in marijuana-related hospitalizations, as critics of medical cannabis programs had feared might happen.
New Law Increases Eligibility for Expungement
When you are arrested and charged with a crime, your arrest will remain on your permanent record, even if the charges against you are dismissed. Criminal background checks are often part of the application process when you are looking for a job, a loan, or even admission to certain educational programs. If you have even just one arrest in your history, you may be forced to answer some uncomfortable and often embarrassing questions from hiring managers, lenders, and admissions officers. Depending on how your case played out, however, you may be eligible to have your arrest record expunged. Thanks to a new law in Illinois, more individuals could qualify for expungement going forward helping those who have made mistakes build a better future.
Understanding Expungement
As intimidating as the word “expungement” may sound, its meaning is very positive. Expungement is the complete destruction of all records related to a particular arrest and prosecution. When an arrest record is expunged, it is no longer visible on background checks, and you will no longer be required to disclose you were ever arrested for that charge. It is almost as though the arrest never happened.
Theft Charges and Possessing Stolen Property
Most people are familiar with the crime of theft —which is an offense that is committed when someone takes property that belongs to another. Most are even familiar with the principle that a theft is still committed when a person obtains control over another’s property by trickery or by deceit. Furthermore, most people are aware that it is a crime to knowingly receive property that was stolen by another. However, Illinois law states that, if a person has received stolen property, he or she may be charged with theft, almost as if he or she stole the property in the first place.
Theft
There are several ways to commit a theft in Illinois. The most basic understanding of theft includes obtaining or exerting unauthorized control over another’s property, including by deception or some type of threat. Theft is also committed if a person obtains or exerts control over property known or stated by law enforcement to have already been stolen. In short, a person commits theft anytime he or she, without the permission of the owner, takes another’s property or knowingly receives stolen property.
