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Recent Blog Posts
Facing Domestic Battery Charges: Three Actions that Can Damage Your Case
When you are facing domestic violence accusations of any kind, the potential consequences are grave, especially if you lack the proper knowledge and legal representation necessary to defend your case. Whether you are indeed guilty of committing a domestic violence crime or you feel you are being unjustly accused, the moment you are at risk for being charged, your behavior from that moment on has the power to influence your case.
Domestic Battery Defined
According to Illinois law, you have committed domestic battery if you have knowingly, without legal justification, caused bodily harm or made physical contact of an insulting or provoking nature against a family or household member. The state considers domestic battery a Class A misdemeanor, but if you have prior convictions on your record and are arrested, you may face an upgraded Class 4 felony charge. In short, if you have interfered with someone’s freedom in any way by threatening, harassing, or physically hitting them, you have broken the law.
Subsequent Drug Charges Are a Serious Matter in Illinois
A Davenport man with two former drug convictions on his record is now facing a new criminal drug charge. Because he has had two convictions in the past, and because he was on probation at the time of his most recent arrest, he is likely to face even higher penalties if convicted. Unfortunately, it is a situation that anyone with a criminal record could find themselves in, even if they have done little or nothing to deserve further prosecution.
A Criminal Record Can Hurt You in Future Arrests
Research shows that more than 2,000 people have been wrongfully arrested and convicted over the last 23 years. But this estimate, which is likely on the conservative side, only includes those who were exonerated of their crimes. There are still others sitting in prison for a crime they never committed. Unless and until their cases are successfully appealed, their information may not ever make it to a national database.
Collateral Consequences of a Felony Conviction in Illinois
When facing a possible felony conviction, most defendants automatically turn their thoughts to the time they stand to serve in prison. This is an understandable reaction. However, there are consequences that extend well beyond the term of your sentence. In fact, a felony conviction – be it for sexual assault, first degree murder, or a felony drug crime – can follow you for the rest of your life. If you are facing felony charges in the state of Illinois, understand what these collateral consequences are, and how you can most effectively protect yourself against them.
Employment Opportunities
A felony conviction goes on your permanent criminal record. This bars you from certain professions – at least 118 of them, according to the Illinois General Assembly Legislative Research Unit. A study from the National Institute of Justice also indicates that you are 50 percent less likely to receive a call back on almost any other job if you have a felony conviction on your record. With all of these employment restrictions, it can seem impossible to find a job that adequately supports you and your family after you have completed your prison term.
Reasonable Grounds for Charges of Aggravated Assault
When you are accused of aggravated assault, it is understandable that one of your very first concerns may be whether or not you are being justly accused. Does the arresting officer really have the right to take you into custody? Are the grounds for your arrest truly reasonable, or are they somewhat questionable? These questions depend greatly on the nature of the accused crime. If you are facing aggravated assault charges, it is important to know where you stand, and one of the best ways to educate yourself is by reviewing the Illinois state laws that govern such charges.
What the Law Considers Reasonable Grounds
In general, when a person commits an act of conduct without lawful authority and is aware that it places another person in harm’s way, the law considers the action to be an assault. The law states that if you place another person in reasonable apprehension of receiving a battery, it is a Class C misdemeanor. Aggravated assault is a more serious form of assault, which may include the use of a weapon.
Exercising Your Rights During an Arrest: What You Need to Know
While most citizens know they have the right to an attorney, the right to remain silent, and the right to privacy in their own home, they do not fully understand what these rights mean. Add in the fear of crossing a police officer and it is no mystery why so many fail to fully exercise their rights during an arrest. Do not make the same mistake! Learn what rights you have under the law, and how you can exercise them, should you ever be arrested.
Your Right to Privacy and Proper Procedure
As a U.S. citizen, the Fourth Amendment protects you from an unwarranted invasion of your privacy. This broadly encompassing amendment means that an officer cannot legally perform a search or seizure of your vehicle, home, or person without your permission or probable cause. If you give them consent – either verbally or implied – they can and will attempt to use anything they find as evidence. So do not invite an officer into your home, do not “secure” your vehicle, and do not hand over your keys when they ask. To add an extra layer of protection, you can also verbally say (as loudly as possible) that you do NOT give them permission to search your vehicle. If any bystanders hear you, their testimony could be used as mitigating evidence in your case.
Supreme Court Ruling Raises Serious Questions on Unlawful Police Stops
United States Supreme Court Justice Sonia Sotomayor issued a scathing dissent this week in a case involving unlawful police stops and how courts may use evidence found in certain situations. Hers was a minority opinion as the high court ruled that evidence obtained during an otherwise illegal stop may be used if the individual already had an outstanding warrant, despite there being no way for the officer on the scene to know that such was the case.
Utah v. Strieff
The case in question stemmed from a police stop of a man outside a house in South Salt Lake City, Utah. According to court records, police officials had received an anonymous tip about drug activity taking place at the residence. The man was stopped after leaving the house, despite the lack of reasonable suspicion that he was engaging in criminal actions. Police asked the man for identification, which he provided. Upon checking his ID, police found an outstanding arrest warrant for a traffic violation. The man was subsequently arrested, and a search found methamphetamines and drug paraphernalia.
Illinois Stingray Law Headed to the Governor
Over the last few years, cell phone technology has been a major point of contention between law enforcement and the general public. Police and investigative agencies, as one might expect, have sought to exploit available technology to track and build cases against alleged criminals and those who were known to have committed crimes. That very same technology, however, can be used in a manner that feels very threatening to private, law-abiding citizens. Legislation and case law around the country have been slowly limiting how law enforcement officials can access, use, and store digital information, several cases even going all the way to the United States Supreme Court.
Last summer, the U.S. Supreme Court ruled that police and other investigative bodies may not search a person’s cell phone without a warrant. While many heralded the ruling as a victory for the Fourth Amendment rights, cell phones can offer a great deal of information even without being physically searched. Many police departments have begun using devices that mimic a cell phone tower, allowing officials to track cell phones within a certain radius. The most popular brand of cell-site simulator is known as a Stingray, and at least a dozen states, including Illinois, have legislation pending that would limit the use of such devices.
Driving Privileges Following a DUI Offense
Driving under the influence of alcohol or any drug can mean severe consequences, especially when it results in bodily injury and fatality. Even the least tragic DUI offenses can still cause irrevocable damage, however. When a driver is pulled over and found to be operating under the influence, their driving record as well as their driving privileges can be affected instantly, triggering consequences that can follow them for months and even years.
New Laws Concerning Driving Privileges After a DUI
Operating a vehicle under the influence has long had the ability to impact a person’s freedom to drive, but new state laws that began in January of 2016 have changed the legal groundwork for penalties for DUI offenders. If you are found guilty of a DUI, you can expect your driving privileges to be affected in the following ways:
- If you are a first-time DUI offender, you are eligible to apply for a Monitoring Device Driving Permit during the first 30 days of your statutory summary suspension. Previously, you were required to serve at least 30 days of “hard time” suspension;
Understanding the Penalties of an Illinois Drug Possession Charge
Being arrested on drug charges can have a lasting impact on your life. Besides the cost of the charge itself, your job or livelihood could be placed at risk, and you may even lose government funding if you are attending or planning on going to college. Understand how the state of Illinois processes these charges, and what you can best do to protect yourself from the adverse consequences.
Drug Scheduling in Illinois
In Illinois, the penalties of a drug charge depend on several factors, including the assigned “schedule” of the drug you allegedly had in your possession. Based on the drug’s potential for abuse and whether or not they are considered approved for medical use, this schedule is as follows:
- Schedule I drugs: opiates and opium derivatives that have a high potential for abuse and no accepted medical use (heroin, LSD, ecstasy, etc.);
- Schedule II drugs: some accepted medical use, a high potential for abuse, and the propensity to cause severe psychological or physical dependence (Demerol, OxyContin, Percocet, etc.);
Cook County Study Suggests Judges Are Ignoring Bail Guidelines
When a person is arrested on suspicion of a crime, there is likely to be a significant amount of time between the arrest and eventual trial. During that period, the court has three options: the defendant can remain in jail until trial; the defendant can be released on his or her own recognizance after promising to appear when requested; or a bail amount can be set as a financial incentive for the defendant to be released and still appear at trial. Determining an appropriate bail amount can be complex, as one might expect, but the law in Illinois and in individual counties provides guidelines for doing so. A recently obtained study, however, suggests that judges in at least one local county have been playing by their own rules when setting bail for criminal defendants.
Serious Discrepancies
The Chicago Sun-Times¬ obtained a review conducted earlier this year by the Cook County sheriff’s office. The study looked at cases from 30 daily court sessions between February and March in Central Bond Court at the Leighton Criminal Courthouse at 26th and California. The review included more than 1,500 cases and showed that the bail decisions made by the judges in these cases deviated from the guidelines at a rate of approximate 85 percent. Even amidst the complicated variables and circumstantial considerations, the sheriff’s department described the bail decisions as “inconsistent.” The review also indicated that the amount and conditions of bail were largely dependent upon which judge presided on a particular day. County officials and judges dispute the sheriff’s department review, claiming that its numbers are not representative of the bigger picture. A court spokesman said that 1,500 cases were too small of a sample size to draw accurate conclusions. He went on to say that judges are following the prescribed guidelines, but that, in some cases, sound judgment appropriately overrides written recommendations and required risk assessments.
