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To those who are dealing with police for the first time, it is an unnerving process. There are legal terms and lingo that are unfamiliar. There often is someone at the station being disruptive, increasing tensions around the room. The fear of the unknown gets the best of many, and anxiety inhibits the ability to comprehend what is happening. With terms such as “arrested” and “charged” incorrectly used in daily conversation, understanding the circumstances becomes even more of a challenge. It is important to realize that once an arrest occurs, a criminal record is created that will follow you until you go through the expungement or sealing process.
Arrested
“You are under arrest! You have the right to remain silent. Anything you say…” the rest becomes a blur to the individual in handcuffs being dragged away to the patrol car. The seemingly long speech that they are legally obligated to give you is known as your Miranda Rights. If you were to listen to them in their entirety, they are clear and concise, letting you know that you have the right to an attorney and if you say anything it can be used against you. You should always heed this warning and not say a word until a lawyer is present. Arrested just means that you are in the custody by the police. The arrest is the act of handcuffing and going to the police station to sit while the prosecutor determines whether or not a case exists. Although the decision has not been made and there may never be a conviction or even a case, the arrest itself will appear on your record.
A sense of humor is often a well sought-after quality. Most people enjoy the physical release of laughter and like to surround themselves with others who make them laugh. In general, two individuals who share a similar sense of humor connect better than two persons who have opposing views of what is humorous. What one person finds hilarious, another may find threatening or offensive. If this happens, can a joke be grounds for assault charges?
Trouble Is Brewing
Knock-knock jokes may not be the most humorous. However, they are sometimes the safest. When you start to touch on taboo subjects or subjects including violence, trouble may begin. For instance, joking about how you would murder your spouse or even the phrases “I will kill you” or “I am going to beat you up” can be dangerous depending on the circumstances. Assault charges are possible if they meet the following criteria:
Being pulled over by the police is a very sobering experience after a night out on the town. In that instant, all of the laughter and fun are swept away as the dread of what currently unfolds washes over you. Anxiety courses through your mind as you mentally debate your level of intoxication. After convincing yourself that you are safe to drive, it comes as a complete shock when not only are you being charged with a DUI but they are also seizing your vehicle.
Can They Do That?
The short answer is yes, under the right circumstances police can seize your vehicle. In fact, an officer can also take a vehicle that is not even registered to the drunken driver. Additionally, the authority encompasses all forms of transportation, including watercraft. Furthermore, Article 36 of the Illinois Criminal Code explains that in addition to a seizure to impound, law enforcement also reserves the right to sell the vehicle at auction. The intent to sell the property is often unknown and is humiliatingly discovered at the police station, in front of at least one friend or family member that provided the transportation to the station expecting to drive away in separate cars.
The discussion regarding marijuana continues to evolve, and the applicable laws are constantly adjusting to meet society’s needs. Recently, Senate Bill 2228 was introduced and passed into law to alter the details surrounding charges and penalties regarding marijuana and driving under the influence, or DUI. Although the new law is not perfect, it seems to be a step in the right direction.
Legal Limits
For the safety of you, your passengers, and others on the roadway, it is illegal to drive while impaired, regardless of the substance used. Previously, Illinois was a “zero tolerance” state according to the Cannabis Control Act and Vehicle Codes, meaning if any amount of marijuana was found in the system of a driver upon testing, that would be enough for a potential conviction. As of July 29th, 2016, there is a new legal limit of:
Domestic violence continues to be a topic that is difficult for many people to talk about, which works in favor of the accused if the person making such allegations chooses not to spread potentially inaccurate details. However, when an accusation is made public, the ramifications can be life-altering and can potentially devastate the future. When an individual under suspicion is falsely accused of domestic violence and an order of protection is enacted, it can become difficult to resolve the situation on your own.
What Is an Order of Protection?
An order of protection is a civil injunction that provides protection to a victim of domestic violence to protect themselves and any children from further harm. According to the Illinois Domestic Violence Act, domestic violence is comprised of:
When someone is thought to be shoplifting, there are a variety of officials that may become involved. In a mall or retail store setting, the first-responders typically include store employees, store management, and any security officers retained by the establishment. After they have the suspicious person detained, the local police officers then become involved. Just as with police making an arrest, personnel must complete a series of actions before creating a case.
Before Detaining a Suspect
It is important to understand your rights if you are being detained by store personnel or a security officer for shoplifting. Often, these employees overstep their authority, typically either out of their ignorance of what they can do legally or because they are relying on your naiveté of the situation. If they detain a suspect without probable cause, they are opening themselves up for false arrest claims. Therefore, before apprehending anyone, they must:
The latest fad of today is Pokémon Go. The smartphone app was anticipated for years, and, within 24 hours of its launch, millions of Americans were out of their houses and into the streets trying to “catch ‘em all.” The game is simply a phenomenon, and all players are discovering new ingenious ideas on how to capture more pocket monsters. Some have even been playing the game while behind the wheel, resulting in distracted driving.
“Stay Aware of Your Surroundings”
As the game loads on your device, there is a charming picture of a Pokémon jumping at an unsuspecting trainer, reminding you, “Remember to be alert at all times. Stay aware of your surroundings.” Recent updates to the game even remind users not to play while driving.
The creators intentionally put these warnings in as a way to remind players to use the game carefully. There are a growing number of daily incidents of players injuring themselves or those around them, as well as some players even risking death as a result of poor decisions. Therefore, it stands to reason that with the growing popularity of the game, the applicable laws must again be explored.
Life as a teenager is confusing and complicated. Teens endure college entrance exams, part-time jobs, high school, and constant pressure to fit in. On the journey to finding who they are as individuals, they make a lot of mistakes along the way.
One common mistake that many teenagers make is obtaining and using a fake ID to avoid underage drinking laws. Unfortunately, such a decision can be harshly life altering.
Can a Bouncer Really Spot a Fake?
Bouncers can and do catch teens with fake IDs. With hundreds of licenses handled on a daily basis, it becomes second nature to them to find one that does not match the others. A few signals that are red flags for any seasoned door person are:
Over the years, there has been a gradual shift in the method consumers use to make their payments. In the beginning, the only option was cash, followed by a shift to checks for the added security of the money that people had. In more recent years, there has been a transition to debit and credit cards as the primary payment option. Still, checks are used as a form of payment for many and also in bill pay options. Occasionally, an automatic check payment is mailed directly from the bank.
As a payment is scheduled in advance, the account owner may potentially forget that a deduction will occur and by the time the check is withdrawn from the account, there is simply not enough money to cover the funds requested. If this happens even once, the bank will sometimes make the payment and charge additional fees for the inconvenience. Although, consistently writing bad checks can result in significant legal trouble.
Speeding, no matter how far over the speed limit, is illegal. The reasoning for this is because it puts lives in danger, including your own. Punishments have the potential of being harsh, especially without the right representation. However, if you are charged with speeding in a speed restricted area, such as a construction zone, punishments are exponentially more severe.
What are Speed Restricted Zones?
In all technicalities, it is illegal to speed anywhere, especially as Illinois enforces an “absolute” speed limit law. This law, in short, says that it is illegal to operate a vehicle at a speed over the legal limit by even one mile per hour (MPH). There are a few key areas where the danger of injuring someone is higher. In these locations, law enforcement officials, as well as lawmakers, have agreed that punishments should be more severe to dissuade motorists from driving more than the posted speed limit. These specific areas include construction zones and school zones.
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