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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.
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.
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.
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.
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.
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.
It took a jury less than two hours to convict a man who was charged with plotting to have a state’s attorney kidnapped. The defendant was charged with felonies including:
The Plot Thickens
The defendant was accused of attempting to pay $1,000 to kidnap a late assistant state’s attorney. However, it does not appear that the defendant acted at random. He was being charged with the murder of his wife.
The investigation into the kidnapping charges began when the defendant conspired with an undercover detective and a jailhouse informant to facilitate the kidnapping of the state's attorney. The defendant wanted his murder charges to go away or be dismissed and was prepared to do anything to accomplish that goal. The defendant had been released on bail in his murder trial where he was charged with killing his estranged wife when the conviction for attempting to kidnap the state's attorney occurred. He has since been remanded into police custody. A special prosecutor has been appointed to the case.
Drug trafficking and drug possession are serious crimes that carry potentially devastating sentences. However, there are notable differences between both crimes as well as the defenses available to refute them. You will want to speak with an experienced DuPage County criminal drug charge attorney to get the best advice on what your options are after you have been charged.
Drug Possession
Drug possession, generally, is a less serious offense than drug trafficking. Drug Possession refers to being in actual or constructive possession of a controlled substance. Being charged with drug possession usually is prosecuted at the state level.
Actual or Constructive Possession
A stop and frisk occurs when a policer officer has a reasonable suspicion that you are going to commit or have already committed a crime. Therefore, the officer stops and searches you. Various states across the nation have stop and frisk policies. However, these policies have come under scrutiny as opponents argue that they target people of color disproportionately and are ineffective at curbing violent crime.
Why Do Police Officers Conduct Stop and Frisk Searches?
The short answer is is that a stop and frisk is conducted in order to gather evidence for a crime in which the police have a reasonable suspicion has occurred or is in the process of occurring. The theory law enforcement relies on is that there are circumstances in which they would ordinarily need to obtain a warrant to conduct a search. However, due to the nature of the crime they are investigating, doing so would substantially impede law enforcement's ability to gather the evidence before it is destroyed or before a member of the public is injured.
Illinois has a history of having strict gun possession laws. For example, Illinois was the last state in the country to allow for concealed weapon carrying, which you must have a permit to do.
If you are charged with a gun crime, you can expect that a court and jury will not take such allegations lightly. Retaining a defense attorney is the first step you can take to safeguard your constitutional rights as a defendant.
Requirements for Gun Owners
In order to buy and possess a gun in Illinois, at the minimum you must have a Firearm Owner’s Identification (FOID) card. This card does not allow you to carry concealed. It is a prerequisite to obtaining a concealed weapons permit.
This means that if you have a FOID, and you are carrying a gun outside your home or business, the gun must be not immediately accessible, broken down, or unloaded and enclosed in a container.
A lawyer’s time and advice are his stock and trade.
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