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Recent Blog Posts
DUI Charges Lead to a Request for Asset Forfeiture of Vehicle
A 58-year-old Illinois woman who has been charged with two counts of aggravated driving under the influence is not only facing the loss of her license and potential loss of freedom – she is also facing the loss of her vehicle via a civil forfeiture complaint. While many people are aware of police seizing the assets of people convicted of drug dealing and other illegal activities, is seizing the vehicle of a person who is accused of drunk driving legal under Illinois law?
BAC Four Times the Legal Limit
According to information released by law enforcement, on the night of September 14, a police officer noticed a vehicle take a right-hand turn, however, the driver failed to use their turn signal. The officer pulled the vehicle over. As he explained to the driver why he had stopped her, he noticed she had an open bottle of alcohol near her leg that she attempted to hide when the officer questioned her about it.
Could Chicago PD’s Record-Keeping Failures Interfere with a Defendant’s Rights?
Last June, the Office of Inspector General (OIG) for the City of Chicago released a fairly negative report regarding the lack of protocols and procedures by the Chicago Police Department for its records management and production system. Included in the report was a list of corrective recommendations for the department to implement. One year later, a new investigation has found that the department has taken almost no steps to address the issues in the OIG report. The question for the public is: How does the Chicago PD’s flawed system impact defendants’ constitutional rights and their ability to defend themselves against criminal charges?
Inspector General’s 2020 Report
In the original report in 2020, the OIG noted significant deficiencies that may make it “impossible for the department to ensure that all relevant records were identified and produced when required to.”
Using Fake COVID-19 Vaccine Cards Can Result in Serious Criminal Charges
A recent story about an Illinois woman’s arrest in Hawaii for using a fake vaccine card went viral across media outlets and social media platforms. While some readers of the story found certain details of the case humorous, the charges she is facing and the potential penalties if she is convicted are anything but.
Counterfeit COVID-19 Vaccine Card
According to details released by the Honolulu Police Department, the Oak Lawn, IL woman arrived in Hawaii on August 23. Hawaii has a mandatory 10-day quarantine for all visitors to the state, unless the visitor can provide proof they are vaccinated. The woman uploaded a COVID-19 vaccine card to the state’s Safe Travels Program website; however, that upload was flagged by authorities on suspicion of being counterfeit.
One reason why the card was flagged is that the type of shot on the card was listed as “Maderna.” The actual spelling of that shot should be “Moderna.” When authorities looked further at the information provided on the woman’s form, there were signs that raised more red flags, including her failure to list what hotel she was staying at and false departing flight information. The woman also said she received her vaccine in Delaware, but when authorities checked, that state had no record of her in their system.
Major Changes to the Illinois Criminal Justice System – Part II
In our last blog post, we discussed some of the highlights of the Safety, Accountability, Fairness and Equity – Today (SAFE-T) Act, recently passed by the Illinois legislature, as it applies to policing, arrests, and detention. The act also made changes to how the courts should address certain issues in sentencing if a person has been convicted of a crime, as well as changes to incarceration and decarceration programs. The following is a brief overview of these changes.
Changes in Sentencing
One of the criteria that judges look at when determining the sentence a convicted defendant will receive is whether or not they are a “habitual criminal.” This standard can negatively impact those who have criminal convictions during young adulthood, at a time when research shows that the brain is still developing and a person may be prone to poor decision-making and impulse control. Under the newly passed laws in Illinois, any convictions that a person had when they were between the ages of 18 to 21 will no longer be included in defining whether a defendant should be classified as a habitual criminal.
Major Changes to the Illinois Criminal Justice System – Part I
Earlier this year, Governor J.B. Pritzker signed the Safety, Accountability, Fairness and Equity – Today, or SAFE-T Act, into law. The SAFE-T act makes extensive changes to the Illinois criminal justice system, many of which went into effect on July 1. The act aims to ensure that every citizen’s constitutional rights are protected in their interactions with law enforcement, the court system, and the corrections system. If you are facing criminal charges, you may find that it affects your case. Here, we look at some of the changes that the SAFE-T Act brings to policing, arrests, and detention in Illinois.
Changes in Policing
One important measure in the SAFE-T Act requires the creation of a statewide use of force standard to be used by all law enforcement agencies. This also includes tightening the legal standards for use of force, including by requiring the officer to consider the “totality of the circumstances” of not only the individual, but the surrounding environment as well.
Can I Get a Ticket for Using My Cell Phone While Stopped at a Red Light?
In Illinois and many other states, it is illegal to use your cell phone and drive. The reasoning behind the law is that texting or talking on the phone while driving is incredibly dangerous. In 2019, for instance, distracted driving claimed the lives of 3,142 people according to the National Highway Traffic Safety Administration. Therefore, police prioritize cell phone violations much like they would other serious traffic offenses like DUI.
However, cell phones are one of those modern-day conveniences that are difficult to live without. In addition to using it for communication, a cell phone also gives you directions, and it might serve as a radio for news and music in the car. With phones being more or less a necessity, it is important to understand the limits of Illinois distracted driving laws.
What Is the Difference Between Assault and Battery?
In common use, and in the laws of some states, the terms “assault” and “battery” are often used interchangeably. However, in Illinois, while they are often heard in conjunction with one another, they each have specific legal definitions and are considered separate crimes. So, what is the difference between assault and battery in Illinois?
Assault Charges in Illinois
According to Illinois law, you assault someone when you act in a way that leads them to fear that you will physically harm them or make unwanted physical contact. As a simple example, if you say to a person, “I’m going to hit you” and raise your hand to slap them, then that could be considered assault. Actual physical contact or injury is not necessary for a person to press assault charges.
How Do Search and Seizure Laws Apply in Drug Possession Cases?
In order to secure a conviction on charges of drug possession, the State of Illinois generally needs evidence of the drugs in question. In most cases, this evidence is obtained through a search of the offender’s person or property. However, these searches are not permitted under just any circumstances. If you are facing drug possession charges, you should understand when Illinois law enforcement is—or is not—justified in executing a search.
When Can Law Enforcement Get a Search Warrant?
The Fourth Amendment to the U.S. Constitution provides protection from unreasonable search and seizure. In effect, this means that law enforcement cannot legally search you or your property on a whim. They must have a reason to do so, and in most cases, they must also have a warrant issued by a judge. A judge will only grant a warrant if law enforcement can produce a written statement given under oath that shows probable cause of finding evidence of a crime. In order to obtain a warrant, law enforcement also must be specific as to the person or property to be searched, as well the types of evidence that may be seized.
Will I Be Arrested If I Am Accused of Domestic Violence in Illinois?
Allegations of domestic violence can have serious consequences for the accused, especially if they result in a conviction for a criminal offense like assault or battery. However, in some cases the consequences can start to take effect much sooner. If you are accused of domestic violence, you could be immediately arrested and detained, and it is important that you understand your rights.
Are Domestic Violence Arrests Mandatory in Illinois?
Many states have mandatory arrest laws for cases involving allegations of domestic violence, requiring a responding law enforcement officer to take the accused into custody if there is probable cause to believe that domestic violence has occurred. Illinois law is not as strict in this regard, but officers still have the discretion to make an arrest, with or without a warrant, if there is cause to believe that a person has committed an act of domestic violence.
What Qualifies as Reckless Driving in Illinois?
Under Illinois law, traffic violations range widely from minor offenses resulting only in fines and driver’s license points, to serious crimes that can result in prison sentences and additional consequences. Reckless driving is an example of the latter. However, it can be difficult to know whether you will face this serious charge after an arrest because of the somewhat vague definition of reckless driving. This makes it all the more important to hire an experienced defense attorney as soon as possible.
Reckless Driving Defined
According to the Illinois Vehicle Code, there is one specific offense that constitutes reckless driving: knowingly using an incline on the road to make your vehicle airborne. However, this is far from the only situation in which a person can face reckless driving charges. The definition of the offense also includes any situation in which a driver shows “willful or wanton disregard” for people or property, which may encompass many behaviors related to speeding, ignoring traffic signals, erratically changing lanes, driving in the wrong direction, and more.
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