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Are You Eligible for an Expungement of Your Criminal Record?
An arrest or conviction on your criminal record can have a dramatic impact your personal life. It can reduce your employment opportunities and may even limit your housing options. Certain charges (particularly those related to driving while under the influence) can also increase your insurance rates and may have other collateral consequences. Thankfully, you may be eligible for an expungement of your record. Learn more about this option and how an experienced criminal defense lawyer can assist with the process.
What is Expungement?
At its core, expungement is a legal process in which your criminal charge or conviction is “sealed” from the eyes of the public. It means that most employers, landlords, insurance companies, and the public are unable to see the sealed arrests, charges, and/or convictions. However, not every record, charge, arrest, or conviction can be expunged. Instead, there are certain requirements that a person must meet to have their records sealed.
Life Without Parole as a Juvenile Offender? It Could Still Happen, Despite Supreme Court Ruling
No matter how heinous their crimes might seem, juvenile offenders are, by all standards, children. They do not always understand the consequences of their actions, may struggle with impulse control, and have brains that are not yet fully developed. Yet, in Illinois, and in other states throughout the country, they are serving life sentences for crimes they allegedly committed.
A recent ruling from the U.S. Supreme Court, in which it was deemed unconstitutional to incarcerate a minor for life without parole, gives these offenders the chance to appeal their former sentences. Unfortunately, there may be more who receive the exact same type of sentence in the very near future. If your child is being charged with a serious or violent crime, the following can help you better understand what they may be up against and how you can attempt to protect them from a life behind bars.
SAFE Squad was an Abuse of Power, Illinois Supreme Court Rules – What it Could Mean for Your Drug Conviction Case
In 2011, the State Attorney for LaSalle County created the State’s Attorney Felony Enforcement Unit (SAFE). In the roughly four years that it operated, the unit managed to confiscate over $1.7 million from Illinois drivers. They also filed more than 50 civil forfeiture cases and arrested 77 people on drug charges. The Illinois Supreme Court recently ruled that all acts – including those tied to criminal cases – were wrongful. The reason? The task force should never have existed. Learn more about what this could mean for your drug conviction case, and how an experienced criminal defense lawyer may be able to help.
Abuse of Power Rampant in SAFE Squad
Law enforcement is supposed to be a government entity, meaning it should operate and act within the law. Unfortunately, the SAFE Unit failed to do this. Not only did the Illinois Supreme Court rule that they had wrongfully searched the vehicles of Illinois drivers, but they also operated in a for-profit way. Funds from seizures were used to purchase everything from conferences in Las Vegas to office furniture, patrol cars, and even employee salaries.
Positive Results in Workplace Drug Testing Highest in 12 Years
A little more than half of U.S employers drug test potential employees before offering a job. An analysis of over 10 million workplaces found that the number of positive results is the highest it has been in 12 years. Marijuana, cocaine, and methamphetamine use is on the rise nationwide. According to the analysis carried out by Quest Diagnostics, 4.2 percent of drug tests produced positive results in 2016. That number is up 4 percent from 2015, making it the highest rate since 2004.
Marijuana Leads in Drug Use
Although the Illinois rate of positive drug tests was the same as the national average, drug use varies between different regions. For example, Chicago’s suburban residents tested positive for cocaine more than other drugs. Southern Illinois residents tested positive for opiates more often than other areas, and heroin use was most common near Rockford.
Asset Forfeiture Laws in Illinois May Be Set to Change
According to data collected by the American Civil Liberties Union and the Illinois Policy Institute, state and local police agencies have seized and kept nearly $320 million in assets purportedly related to criminal activity since 2005. During that same time, federal law enforcement entities within Illinois seized an additional $404 million. Law enforcements agencies have the authority to do so under state and federal asset forfeiture laws, but with a signature from Illinois Governor Bruce Rauner, the laws regarding asset forfeiture in Illinois could be about to change.
Understanding Asset Forfeiture
When a person is arrested in connection with a criminal offense, it is understandable that the police would seize contraband including drugs, paraphernalia, and weapons owned without proper licensing. Law enforcement, however, is also permitted to seize any private property believed to have been used or generated in connection with the criminal activity. While existing laws were intended to help combat organized crime and drug cartels by reducing their available assets, police departments have long since applied the same laws to much smaller operations. Seized assets may include cars, guns, homes, and, most often, cash, and the assets may be seized and kept even if the owner is never convicted or charged.
Governor Signs Bail Reform Measure
Early last month, Illinois Governor Bruce Rauner signed a bill into law which he believes will transform the state’s bail process. Some criminal justice advocates are not buying the positive forecast and instead say these reforms do not do enough.
Current Practices and the New Law
When a person is arrested, the court, in most cases, sets a bail amount that allows the person to get out of jail until the case is decided in a court of law. The point of bail is to act as a guarantee that the person will show up for their court hearings and trial. But many people who advocate for criminal justice reforms say that bail often punishes poor people who simply cannot afford the amount the court sets. Reform advocates believe that bail is generally set far too high, particularly for low-level, non-violent offenses.
Under the new law, if a person has not been able to make bail within seven days, he or she can request a review of the bail amount. The defendant will also receive a $30 per day credit for every day spent behind bars, which will go towards any fines he or she is required to pay if convicted. This new law only applies to misdemeanors and low-level felonies. The new law also gives defendants the right to have an attorney representing them during the bail hearing process.
Refusing a Breath Test in Illinois
When you are pulled over by a police officer and the officer has a reason to believe that you may be intoxicated, he or she may ask you to submit a blood-alcohol content (BAC) test—most often in the form of a breath test. It is possible for the officer to ask even if he or she does not really suspect that you are drunk, but most such tests—commonly referred to as breathalyzers—are conducted to confirm the officer’s suspicions. If an officer in Illinois asks you to take such a test, should you do it? And, what will happen if you refuse? The answers to these questions depend on a number of factors, including when the request is made and what you were doing in the hours leading up to the stop.
Prior to Arrest
The timing of the officer’s request is the key element in determining if consequences will apply for refusing a breathalyzer. If you are asked to take the test before any mention of arrest or any other detainment—except for the traffic stop, obviously—you have no obligation to submit to the test. You cannot be prosecuted nor will you face any other penalties for refusing a BAC test at this point.
DUI and Bicycles
With Summer at its start and the weather becoming nicer, more and more people will take to their bicycles for transportation. However, one of the least talked about safety issues is riding a bicycle while intoxicated.
Can I Get a DUI on a Bicycle?
Various states have provisions on their law books where one may be charged with a DUI for riding a bicycle drunk. However, in Illinois, unless certain other circumstances are met, you will likely not be charged with a DUI while riding a bike.
The reason why you usually cannot be charged with a DUI on a bike is because a bicycle is not legally defined as a vehicle. Therefore, operating a bicycle while intoxicated is not the same as operating a car or motorcycle in the eyes of the law.
There are, however, two exceptions. If your bicycle is motorized and you are traveling over 20 mph you may then be arrested and charged with a DUI.
Civil Forfeiture in Illinois
A man who worked at his brother's hardware store was convicted of using an iodine-based product sold at the shop to make methamphetamine. The Supreme Court of the United States held that he would not be required to forfeit profits that he never earned. The Supreme Court held that a person cannot be held jointly and severally liable for property gained by another conspirator for civil forfeiture.
At trial, the court ruled for Terry Honeycutt, the man who worked at his brother's store and managed sales and inventory. The federal government was requesting that the man pay $270,000, which the government alleged was the hardware store’s profits from the product used to manufacture methamphetamine. Honeycutt, however, was a salaried worker and had no financial interest in the company.
Illinois Gun Laws Explained
Owning a firearm is a constitutionally protected right. However, each state has unique gun laws that can be challenging and complicated. Consulting a DuPage County criminal defense attorney can help you understand what your rights are to defend a weapons charge.
Illinois has several requirements that one is bound by to legally own a firearm. Illinois requires people without concealed handgun permits to get a firearm owner’s identification card (FOID) in order to legally purchase a gun or ammunition. The process will require you to submit to a background check. You will have to wait 24 hours from the time you buy a long gun to take possession of the firearm, and 72 hours for a handgun.
Safety Standards
Illinois law prohibits a federally licensed firearms dealer from manufacturing, selling, or delivering a firearm to an unlicensed buyer. It is also illegal to sell a handgun with a barrel, slide, frame, or receiver manufactured with a non homogeneous metal that melts at a temperature less than 800 degrees Fahrenheit.
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