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Parents often question their decisions and actions when raising their children. Are the parents nurturing enough? Are they strict when necessary? When your child is arrested and charged with minor delinquency such as juvenile theft, you may begin to question how you, as a parent, failed your child.
While there are methods to prevention and detection of delinquent behavior, the truth is that there may not be anything that could have prevented the incident; sometimes kids just behave foolishly and make mistakes. However, these small lapses in judgment do not need to derail their lives.
Early Detection
The road to true delinquency does not occur overnight; it is a path similar to adolescence. Most teens and young adults do not wake up in the morning believing that they are going to hang out with the wrong crowd that day or partake in destructive behavior. These paths are eased into slowly. Recent research shows that there are two beginning points for delinquency, including:
While the concept of negligence is commonly used within the context of civil law, Illinois law has provisions that encompass negligent behavior with criminal consequences and sentences.
In DuPage County, an individual can be charged criminally and sued civilly for the same conduct. Both Illinois statutes for involuntary manslaughter and reckless homicide involve the unintentional killing of another through a negligent or reckless act. However, involuntary manslaughter and reckless homicide are two charges with an important distinction.
Courts across the country in different jurisdictions make a distinction between whether the act was negligent or reckless to determine whether the prosecutor is going to pursue a case using the involuntary manslaughter statute, or a reckless homicide statute.
If you are under 21 years old and caught drinking and driving, you could face a couple of charges, depending on the facts of your situation. Illinois has a zero tolerance policy for underage drinking and driving as well as laws prohibiting driving under the influence.
Both types of convictions can lead to numerous consequences that can follow a young person as he or she applies to schools and jobs. This is why you should fight these charges. With the help of an attorney, you may be able to reach a deal with prosecutors that will keep a conviction off your criminal record.
Zero Tolerance for Drivers Under Age 21
Because it is illegal for anyone under 21 to be drinking in Illinois, anyone under the legal drinking age caught driving will face criminal charges. It does not matter if the driver’s BAC is under the legal limit of .08. So long as BAC levels are over .00, there will be consequences under the law.
You have probably seen a crime drama television show where a police officer reads a suspect his or her Miranda rights.
These rights were established in U.S. Supreme Court case Miranda v. Arizona, which was decided in 1966. In that case, the court ruled that anyone suspected of a crime must be informed of the following:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The Miranda warning covers two rights: the right to remain silent and the right to an attorney.
The Illinois legislature is considering two bills that would raise the dollar amount that triggers felony theft charges. The proposals would raise the felony minimum from items valued at $500 to $2,000 or $2,500, depending on the bill.
Supporters of the Bills
Supporters of the bill argue that the $500 threshold amount is too low. For example, stealing an iPhone could be considered a felony theft charge. The threshold amount should be raised to keep up with the rising cost of consumer goods.
Supporters point out that 29 states set the felony theft minimum at least twice as high. For example, Wisconsin and Texas law provides that theft of an item valued below $2,500 is a misdemeanor.
A Pew Charitable Trust study found that the minimum amount has no overall impact on crime rates. The study looked at 28 states that raised the threshold amount between 2001 and 2011. The study also concluded that states that increased the minimum felony amount reported about the same decrease in crime as the states that left their theft laws the same.
If you have been charged with a crime that is related to a drug or alcohol addiction, you have options beyond serving jail time. Depending on the circumstances of your case, drug court may be a suitable choice for you.
Drug Court Basics
Drug court provides a tool for people suffering from addiction who have been accused of nonviolent crimes. Upon successful completion of the program, the participant will not have to serve jail time.
Following application, which includes a substance abuse assessment, an accepted participant will undergo counseling, drug screens, treatment, and rehabilitation. The participant will also be subject to regular court monitoring.
Who Qualifies for Drug Court?
Drug court is often a good choice for people facing jail time, which is usually the case for those accused of a second or third offense or a serious first offense.
Criminal conspiracy is a serious crime, and it is a crime that may be easy to commit under Illinois law. A person accused of criminal conspiracy does not need to take any action in order to be found guilty.
Conspiracy is often charged in drug dealing cases. However, a person could be accused of a conspiracy to commit any crime from insurance fraud to first-degree murder.
Conspiracy Defined
Illinois law states that conspiracy is committed when:
Thus, conspiracy requires an overt action in furtherance of the conspiracy. It is not enough for two people to hatch a plan to commit a crime. If this were the case, there may be free speech violations because the government cannot stop people from speaking in this way. This is where the third requirement comes into play. The law requires that in order for someone to be found guilty of conspiracy one person in the conspiracy must take an act in furtherance of the conspiracy.
Most criminal cases never go to a trial by jury. Even though it is your constitutional right to have a trial decided by a group of your peers, most individuals who are accused of a crime take a plea deal.
There are several reasons why a plea deal is appealing to defendants:
The outcome is more predictable. If you go to trial, you could be found not guilty or guilty of several crimes. With a plea, you know exactly what your conviction will be.
Plea deals are quick. If you are not out on bond and get credit for time served, your sentence may not be that much longer than the amount of time you have been in jail.
Plea deals keep others out of your case. Going to trial means a lot of information will be made public. It also means that the accused’s family and associates may be called to testify.
A common way for police to begin a conversation with a suspect is by asking if the suspect knows he or she did something wrong. While some people might think that this is just an officer’s way of breaking the ice, it could be that the police officer is trying to get you to make an inculpatory statement about a traffic violation or a more serious crime.
An inculpatory statement is a statement that acknowledges that a person did something illegal. For example, an officer could be trying to get you to admit to speeding or running a red light.
In this situation, people think that if they admit to something then the officer will let them go. This rarely happens.
Your Answer to the Question
In some cases, it may be prudent to say that you know why you were pulled over. However, in general, most Illinois criminal defense attorneys would suggest to not admitting to any wrongdoing. If you do, it is essentially giving evidence to prosecutors.
Thrill seekers and lead foot drivers beware: Excessive speeding can land you in jail. Under Illinois law, if you are going at least 26 miles per hour over the posted speed limit, you could face jail time.
The excessive speeding laws in Illinois provide:
The laws on this issue were updated in 2014, so if you have received a speeding ticket beforehand, different rules may apply.
No Supervision Available for Excessive Speeding
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