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When confronted by law enforcement, many people worry about exercising their rights—they do not want to "look guilty." However, this is the wrong way to look at one's rights. Once you better understand what your rights are and why they are important, the better prepared you will be if you are ever investigated or arrested for a crime.
Understanding Law Enforcement’s Perspective
The police and other law enforcement agencies are charged with upholding the law. Part of their job is to investigate crimes, arrest the suspected criminals, and collect evidence for prosecutors to use in a criminal trial.
When you are contacted by law enforcement, you do not know if they are investigating a crime or collecting evidence. Law enforcement officers do not have to tell you if they think you are guilty of a crime.
Not all crimes occur face-to-face. Certain crimes, such as computer tampering, can occur from anywhere over the Internet. Illinois law provides serious consequences for anyone convicted of tampering with someone else’s computer.
How Illinois Defines Computer Tampering
Computer tampering is unauthorized access to programs, data, or the computer, and it uses the access for fraudulent purposes or to damage another computer, data or program. This covers a wide range of activities. Computer tampering could include illegal sharing of movies and music or pranks such as changing the content of a website.
You can even be convicted of computer tampering if you have authorized access to a computer or network, if your actions exceed your authorization. In some cases, computer tampering charges will be brought in addition to other charges. For example, someone who is in charge of payroll can be charged with theft and computer tampering if they use their access to a computer to increase their paychecks when they were not authorized to do so.
Not every guilty plea or verdict of guilty means jail or prison time. Many people convicted of crimes will instead be sentenced to probation.
While for many probation is better than serving time behind bars, there are still serious consequences to a criminal conviction and probation term.
Length of Sentence
Probation is often an alternative to time behind bars. However, most probations sentences are backed by threat of jail or prison time if the probation terms are not kept.
Some offenders will be given a suspended sentence. This means that they are sentenced to a period of incarceration, but that sentence is not actually executed if the offender complies with probation.
It is possible for an offender to spend more time on probation than they would spend behind bars depending on the crime and the level of compliance with the terms of probation.
Most people would consider shoplifting to be a minor crime, but even small time theft like shoplifting can have serious consequences. Shoplifting and other types of retail theft involves more than just taking something without paying for it.
Different Types of Retail Theft
Illinois does not have a statute titled shoplifting. Instead, shoplifting is classified under the retail theft provisions of the law. The statute makes it illegal to take or obtain merchandise from a retail establishment with the full retail value of the merchandise.
This means that retail theft is more than just taking something and leaving the store without paying for it. Actions such as price switching, exchanging merchandise that was stolen, or trying to confuse a cashier and get the wrong change back are additional forms of retail theft.
The state of drug crimes is in flux throughout much of the United States. Yet while many states are moving away from harsh penalties for individual drug users, criminal penalties for the sale and manufacture of controlled substances continue to be among the harshest penalties in the criminal justice system. Any drug charge is a serious issue. However, a conviction for distribution can put you in prison for thirty years or more in some instances.
The Difference Between Possession, Distribution, and Manufacture Crimes
There are four major types of drug crimes under Illinois law:
There are several different types of crimes, and white collar crimes are some of the most complicated kinds of cases to defend. Most white-collar crimes are financial crimes. However, contrary to popular belief, they are not crimes committed only by the wealthy and powerful.
Types of White Collar Crimes
White collar crime is not an official crime designation under the law. Generally, the term white-collar crime is used to refer to non-violent property crimes. Often, they have a financial component. The following examples of crimes in Illinois are widely considered to be white-collar crimes:
Driving faster than the speed limit is something most every driver does at one time or another. However, do you know what the consequences for speeding are? They may be more than just getting pulled over and paying a small fine. In some circumstances, speeding can affect the rest of your life.
Difference Between Aggravated Speeding and Speeding
Under Illinois law there are different types of speeding. Most of the time, when you get pulled over for going over the speed limit, you will receive a ticket and may have to pay a fine—you are guilty of an infraction. But, if you are driving faster than 26 miles per hour over the speed limit, then you can be arrested and charged with a crime.
Driving faster than 26 miles per hour over the posted speed limit is aggravated speeding and is a misdemeanor. You could face up to a year in jail and a $2,500 fine. While most people will not serve a year in jail, if you are convicted of aggravated speeding, then you will have a criminal record that can follow you for the rest of your life.
Illinois laws are designed to be tough on people who drive under the influence of alcohol or drugs. Still, sometimes law enforcement makes mistakes. While every case is unique, there are often good defenses to DUI charges. You have a right to a vigorous defense against criminal charges.
Common Defenses to DUI
Prosecutors and law enforcement often present their cases as being based on careful, trained observation and scientific evidence. However, there are often several defenses to DUI charges that demonstrate the real weaknesses in the prosecution’s case. Common DUI defenses include the following:
Generally, children under the age of 18 are not considered adults. However, under Illinois law, some juvenile defendants can be tried as an adult and given adult penalties if convicted. Illinois has recently made some changes in the way cases involving defendants 17 and younger will be transferred to adult court.
Changes in the Law Effective January 1, 2016
After January 1, 2016, any child aged sixteen and older, who commits certain serious felonies, will automatically be tried in adult court. If the child is under age 16, then prosecutors will still be able to ask a judge to transfer the case to adult court. However, the transfer will not be automatic and the child’s attorney will be able to argue against the transfer to adult court.
Under Illinois law there are several different types of property crimes. Sometimes the names of the crimes can be confusing; they all seem to have the same meaning. Three common examples are theft, burglary and robbery. While in conversations these three terms might all be used to describe the same thing, under the law they are very different crimes.
What is Theft Under the Law?
Theft in Illinois is defined as taking or depriving another of the use of property without a legal right to the property. Theft covers many different types of actions—shoplifting, taking money from someone’s wallet, or stealing a car or bicycle are all theft crimes. The more valuable the property is that was stolen, the harsher the consequences.
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