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Recent Blog Posts
DUI Checkpoints: Are They Constitutional?
As we begin the winter holiday season, you will probably start to see reports of DUI checkpoints being set up throughout the Chicago region. Beginning with the night before Thanksgiving and continuing through New Year’s Day, these checkpoints are designed to be a deterrent for drunk drivers and to get those who are intoxicated off the roads. Many people, however, come to me with questions about the legality of DUI checkpoints and whether they violate the Fourth Amendment’s guarantee to be free from unreasonable searches and seizures.
Important Questions
More than a quarter century ago, the issue was taken before the highest court in the country. The case began with a challenge by residents in Saginaw County, Michigan, who believed that being required to stop at a DUI checkpoint was a violation of their Fourth Amendment rights. The plaintiffs claimed that being detained, even for a couple minutes, constituted a seizure of their personal property—their vehicles—which could eventually become an arrest on DUI charges.
Asset Forfeiture Has Become a Police For-Profit Business in Illinois
In the state of Illinois, there is a little-known law that can leave those suspected of, arrested for, charged with, or convicted of a crime in a serious financial bind. Even worse is that law enforcement is often profiting from their misfortunes. The statute regarding civil forfeiture may allow the police to seize your assets and personal belongings, even if you are never convicted of a crime.
Civil Forfeiture – What Is It, and How Might It Affect You?
State and federal laws permit law enforcement to seize any land, cash, vehicle, or property that could be tied to a crime or illegal activity. The police and other law enforcement agencies are not required to verify that the property belongs to the suspected individual, nor do the laws require that the suspected person be charged (let alone convicted) of a crime to seize or withhold that property from its rightful owner.
In fact, a grandmother from Rock Island County had her Jeep Compass seized when her grandson was arrested for allegedly driving on a revoked license. The grandmother was not an accessory, and she argued that she did not know that her grandson had been driving on a revoked license. Yet law enforcement refused to return her vehicle, stating it had been used in the commission of a crime. She is not alone.
Criminal Trends and Common Juvenile Offenses
In the realm of criminal law, the word “juvenile” is used to describe suspects and offenders under the age of eighteen. Juveniles are responsible for a large number of everyday offenses, often taking place in our schools, on our streets, and in our neighborhood establishments. Similar to adult crimes, juvenile crimes can include everything from minor scuffles with another young person to more serious assault charges to underage drinking and much more. Many juvenile offenses, however, go unreported, making it difficult to resolve many cases, and even more difficult to collect proper data for statistical purposes.
Observed Trends
While unreported juvenile offenses make it more difficult to get a complete picture of the problem, there are still distinct trends that have been observed over time, revealing certain patterns in activity among youth offenders. The Office of Juvenile Justice and Delinquency Prevention reports the following:
- Juvenile offenses are not always minor. - While it is true that many juvenile crimes are minor in nature, many others are life-altering for both the offenders and victims. Homicide and other violent crimes, such as sexual and aggravated assault, as well as robbery are all prevalent among juvenile offenders. The U.S. Department of Justice reports that over 600 murders in the year 2014 alone included juvenile involvement.
Man Spends Five Months in Jail Unaware of $2 Bail
When a person is arrested on suspicion of criminal charges , he or she has certain rights that must be protected. Of course, a criminal defendant has the right to remain silent and the right to due process. He or she also has the right to be fully informed about the processes that lie ahead. In most cases, another fundamental right—the right to a qualified attorney—will allow the defendant to remain fully informed about the criminal proceedings and what is expected of him or her along the way. But when there is a breakdown in communication between the attorney and the suspect, things can go very wrong, as a Queens man recently learned after sitting in jail for five months on bail that was less than the cost of a slice of New York-style pizza.
A Confusing Situation
In November of 2014, an Algerian-born man living in Queens, NY, was arrested on several charges including assaulting the officer who was trying to arrest him. Bail was set at $25,000 on the police assault charge. A week later, when prosecutors failed to secure an indictment, the assault charge was dropped and the man was ordered released. There were, however, two minor charges still pending against him, with bail set for each at merely one dollar.
Understanding the Basics of the Sex Offender Registration Requirements in Illinois
Sexual offenses and sexual assault charges can have lasting and significant implications for those who are convicted. Not only do you stand to face jail time, fines, and a criminal record, it is also likely that you will have to register as a sex offender. Akin to wearing a scarlet letter, the ramifications of registering can follow you around for a lifetime. Learn what it means to register as a sex offender, and how you can best protect your reputation and future, with help from the following information.
Who Registers as a Sex Offender?
Anyone that has been convicted of “sex offense” must register as a sex offender. This can include crimes such as child pornography, criminal sexual assault, aggravated sexual assault, and even sexual grooming of a minor child. However, not all criminal acts outlined in the Sex Offender Registration Act require you to engage in a sexual act. For example, you may also be required to register as a sex offender if you have received three convictions of public indecency, were found guilty of traveling to meet a minor with the intent to engage in a sexual act, or were found guilty of juvenile prostitution.
Everyday Identity Theft: Three Common Forms of Credit Card Fraud
Identity theft , in all of its various forms, is an increasingly growing problem all across the nation, causing consumers and business owners alike to sit up and take note of such troublesome trends. CBS News announced that in 2014 alone, IBM reported that more than one billion records containing personal information were leaked. Additionally, identity theft was the number one complaint to the Federal Trade Commission in 2014 and continues to be a major complaint year after year.
Are You Guilty?
With identity theft cases on the rise, more and more victims are speaking out in order to protect their money, credit, and reputation. Credit card theft is especially prevalent, and it comes as a surprise to many that serious credit card theft is not limited to seasoned criminals. In fact, many people unknowingly commit credit card theft or merely blur the lines with their actions with the hopes that a few little white lies won’t actually count as credit card theft. If you have ever even vaguely wondered if your credit card use is legally permissible, chances are you may be guilty of some form of fraudulent activity.
Illinois Felony Punishment Breakdown
Are you facing felony charges ? A felony is any crime that is punishable by at least one year in an Illinois state prison. Misdemeanor charges, on the other hand, include a prison sentence of a year or less, depending on the severity. If you are facing felony charges, it is important that you consult an experienced criminal defense attorney. With prison time and hefty fines on the line, a guilty verdict can be life changing.
Under Illinois law , felonies are categorized based on the severity of the crime committed. In general, the less serious the crime is, the less severe the punishment is likely to be. Felonies are broken up into five categories - Class 1 through 4 felonies, followed by Class X, which includes the most severe crimes one can commit aside from first degree murder. If you are facing felony charges, an experienced criminal defense attorney can help determine which class of felony you are being charged with and can help you build as best a defense as possible. Below, we break down the punishments associated with each class of felony in Illinois.
Illinois Decriminalizes Low-Level Marijuana Possession
A recent study by the American Civil Liberties Union and Human Rights Watch included some staggering statics about drug possession charges. According to the study, every 25 seconds, a person is arrested for a drug crime. The rates of arrest for possession or use of drugs has increased dramatically since President Nixon’s “War on Drugs” press conference in June of 1971. A significant portion of arrests made since then has been for marijuana possession. In fact, according to the Washington Post , marijuana-related arrests occur more often than all arrests for violent crimes combined.
Growing Problems
The high rate of non-violent drug crime arrests has led many around the country to question the effectiveness and the necessity of such drastic measures. Prison overpopulation has become a major concern in many states, including Illinois. Observers and advocates for change point out that those convicted of non-violent drug possession offenses continue to take up prison space that could be used to house more dangerous, violent offenders.
Diverting Your Criminal Case to a Specialty Court: Are You Eligible and Should You Agree?
In Illinois, some criminal charges can be diverted to a specialty court. These alternative solutions —also known as diversion court—give you the chance to prove to the courts that your mistake was just a one-time occurrence. As long as you successfully complete the terms of your diversion, the criminal charge does not go on your record. Unfortunately, not everyone is eligible for this option, and even those that are should carefully consider whether or not diversion is the right choice for their situation. The following information can help in making that decision.
Types of Diversion
Through diversion court, the justice system attempts to address the core issue behind a defendant’s criminal offense. This is why there are different types of diversion court; each is meant to deal with a specific issue. Those that are currently available in Illinois include:
- Traffic court diversion;
- Mental health specialty court;
- Veterans’ specialty courts;
Felony DUI in Illinois
Illinois has one of the strictest DUI programs in the nation. The laws are so strict, in fact, that many who are arrested for a DUI are caught off guard when they learn that their DUI charge is a felony instead of a misdemeanor offense. Do not let this happen to you! Learn what constitutes a felony DUI in Illinois, and how you may be able to protect yourself from the consequences of conviction.
Third Offense Equals a Felony
According to Illinois law, a person’s first and second offense DUI convictions are usually considered Class A misdemeanors. The third offense is considered a Class 2 felony. Consequences include a 10-year revocation of your license, suspension of your vehicle’s registration, administrative penalties, and the possibility of up to seven years of jail time. Some are offered a 48-month probation, but anyone with a BAC of 0.16 or higher receives a mandatory 90-day jail term upon their conviction. It should also be noted that any arrest after the third DUI conviction will result in a felony charge. However, penalties will be greater for subsequent convictions. For example, those convicted of their fourth DUI are subject to permanent loss of their license and vehicle registration.
