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Recent Blog Posts
Can You Refuse to Speak to Police at a DUI Checkpoint?
Law enforcement commonly employs a “traffic safety” checkpoint strategy in an effort to identify drivers who might be in violation of one or more statutes while operating their motor vehicle. Such checkpoints frequently appear during holidays such as Memorial Day, New Years Eve, and 4th of July to find impaired drivers and issue tickets for other traffic violations.
Know Your Rights
Recent incidents have drawn greater attention to the need for police to obtain warrants in order to get a blood or urine sample from a driver who refuses or is unable to submit to standard breathalyzer testing. The No Refusal Checkpoint is a strategy law enforcement uses to obtain search warrants to test the blood alcohol content of drivers they suspect are impaired. During these events, prosecutors and judges make themselves available to expedite the process.
Police Using New Test for Impaired Drivers
With greater availability of legalized medical marijuana and increased abuse of opioids and other illegal substances, law enforcement encounters with impaired drivers have taken on a new dynamic. In an attempt to better identified those driving vehicles while under the influence and make Illinois roadways safer, police are employing a new type of roadside sobriety test.
Swabbing Starts This Month
The tell-tale sign of alcohol on the breath or slurred speech was usually enough for police to reasonably suspect a driver was impaired. However, determining whether or not a driver is high on drugs presents new challenges, ones for which a newly employed roadside test is expected to help overcome. One west suburban Illinois police department is beginning to use a test that reveals the chemicals in a person’s system
Past Sexual Abuse Allegations
Over the years, a number of school teachers and coaches have faced vigorous prosecution for alleged sexual abuse or misconduct with students. Even when the alleged actions occurred several years in the past, victims have raised concerns that impact the lives and careers of those who may have been involved.
New Cases Emerge From Incidents That Occurred in the Past
Both current and former school employees are the targets of prosecution when it comes to allegations of sexual abuse or sexual misconduct. Even when the incident includes claims of a consensual relationship, a situation involving a person of authority over a student results in aggressive investigation by law enforcement. Two cases that came to light in Illinois last year demonstrate how claims of past incidents can result in charges against educators.
Know the Consequences If Charged with Theft
In the event you, a friend, or family member is detained for suspicion of theft, it is important to understand the variables that might impact how law enforcement and prosecution might consider proceeding. Having a basic understanding of theft laws in this state might be of an advantage.
Misdemeanors and Felonies
In general, grand theft is a more serious charge than petty theft—usually applicable when a person is alleged to have stolen money or property of a higher value. In most states, grand theft is a felony and petty theft is a misdemeanor. In Illinois, a defendant can face an array of charges depending on the value of what is taken and the circumstances surrounding the incident. Classifications include:
- Theft of money or possessions worth less than $500 is a Class A misdemeanor. A conviction could result in a year of jail, a fine of up to $2,500 for each charge, and restitution. However, probation is usually ordered.
Are Police Body Cameras Changing the Legal Playing Field?
Images from video cameras are often used to help identify criminal suspects. However, more and more law enforcement agencies are beginning to install cameras, sometimes voluntarily and sometimes due to public pressure, in vehicles and on the bodies of sworn officers. This video footage is often used by criminal defense attorneys to help their clients fight against criminal charges.
Pros and Cons of the Police Body Camera
The common belief is that the presence of video cameras, whether on a law enforcement vehicle dashboard or on the vest of a police officer, would reduce complaints of police misconduct or abuse. Furthermore, it is expected that video recordings of arrests would provide courts with details on the interactions between police and the citizens they encounter. However, different sides continue debating the pros and cons of police using body cameras.
Supreme Court Appears Ready to Limit Cell Phone Tracking
Using cell phone records to track a suspect’s movement and activity is a frequent technique used by law enforcement when conducting a criminal investigation. However, change appears to be on the horizon as members of the United States Supreme Court seem to indicate that prolonged cell phone tracking without a warrant amounts to an unreasonable search and violates an alleged defendant’s right to privacy.
What Has Changed?
A previous Supreme Court ruling indicated that citizens could expect no privacy from making calls from a landline or for checks they wrote on a bank account; it is widely known and expected that calls or transactions for these are kept for a number of business purposes. This latest challenge seems to indicate a shift from that position.
The new case arose from the FBI’s surveillance of a robbery suspect over a period of more than 100 days, using cell phone records to show he was in the area of each robbery when it occurred. While doing so, law enforcement did not obtain a search warrant for the records.
Got a Shoplifting Problem? Help is Available
Sometimes it starts on a dare when someone is very young. Other times, one begins shoplifting because they need some kind of thrill in their life. Whatever the reasons, shoplifting is not only illegal but results in millions of dollars in both loss to retailers and legal expenses every year.
What Exactly is Shoplifting?
Some people try to downplay shoplifting by suggesting it is a minor offense that involves taking just small items without paying for them. However, shoplifting is just another term for both “theft” and “larceny” and under certain circumstances could result in harsh penalties for repeat offenders. It should also be made clear that switching price tags or attempting to return an item taken from the shelf for store credit also fall within the definition of shoplifting.
Here are a few other details that some may not realize could result in or impact shoplifting charges.
Is it Assault or Battery? What is the Difference?
The two terms are frequently substituted for each other with regularity, usually by those who do not really know the difference. The fact is, while similar in nature, criminal charges of assault and battery have distinctive differences in how they are applied and eventual consequences.
Differentiating Between the Two
While both may be justified in the case of defending oneself from a perceived threat, and must have occurred in an intentional manner, there are differences that set a charge of assault from that of battery. Here we list a summary intended to better explain the nuances of both criminal charges.
- Assault is applied when the victim is threatened or feels threatened, but no physical contact actually occurs.
- Assault includes an element of implied or impending violence. It may involve both a verbal aspect, as well as an intimidating physical proximity that does not cross the line and become actual physical contact.
Can You Get Your Criminal Record Expunged in Illinois?
Having a conviction or even an arrest on your record can make it difficult to get a good job, obtain a loan or rent an apartment. However, under the right circumstances and with the right help, it is possible to have your record expunged, which allows a person to live life without having past mistakes hold them back.
Do You Qualify?
The first thing a person should know is that the state of Illinois does not offer record expungement of all offenses or convictions. Unfortunately, there are some things that will follow you throughout life regardless of how long ago they occurred. So what are some of the details that might impact one’s ability to seek and obtain destruction of past criminal records?
Orders of supervision or conviction or minor traffic offenses do not negatively impact your ability to seek expungement of other criminal convictions.
The Age of Consent in Illinois
In Illinois, as is the case in all other 49 states, lawmakers have established statutes that set the age at which an individual may legally give consent to participate in sexual activity. Violation of the age of consent, by one or both partners, can result in serious sex crime charges that carry severe consequences.
Sexual Abuse Laws
In nearly all cases, the age of consent in Illinois is 17, which means engaging in sexual activity with a partner 16 or younger will result in a range of charges, from a misdemeanor to a felony, under the state’s sexual abuse laws.
- Charges for crimes ranging from sexual assault to first-degree rape may be applied.
- Sentencing may include jail terms of one to 50 years in prison and registration as a sex offender.
- In a case when the offender is in a position of authority or trust over the victim, such as a teacher, coach or clergyman, for example, the age of consent is raised to 18-years-old.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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