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Recent Blog Posts
Meth Arrests in Illinois on the Rise: Arrests and Convictions Not an Effective Solution
While law enforcement says that the number of methamphetamine lab arrests has decreased over the last few years, the number of actual users – those arrested for possession and other related crimes – seems to be increasing throughout the state of Illinois. Some Illinois residents may view this as a positive, but it actually shows a lack of insight and understanding of addiction. What is more, research is suggesting that the increase of arrests and convictions does not actually improve society. Instead, it creates more problems in the future.
Behind the Addict
Meth is a highly addictive substance that can change even the best of people. Yet law enforcement officials and the criminal justice system seem to overlook the person behind that addiction. They fail to see the family of those affected. Most of all, they do not consider the external and internal factors that can often lead to addiction. For example, those who live in poverty are more likely to suffer from a substance addiction, as are those who suffer from mental illness.
Illinois Senate to Vote on Expungement Bill to Make Employment Easier
In the state of Illinois, anyone with a prior criminal conviction must live in constant worry that another arrest – no matter how trivial – will go on their record. This is because it does, in fact, go on their record, even if they are released from charges. A bill, set to be voted on by the Illinois Senate, could potentially change all of that.
Arrests in Illinois Always Go on Your Criminal Record
Regardless of whether you have been previously convicted of a crime or are arrested for the first time, an arrest in the state of Illinois automatically goes on your criminal record. First-time offenders can have the arrest expunged from their record, but the process is complex, laborious, and expensive. Those who have any prior convictions (regardless of their nature) cannot have the arrest expunged.
Driving After Suspension or Revocation
Under Illinois law, there are many reasons a person’s driver’s license can be suspended. One of the most common is if they are convicted of driving under the influence of alcohol or drugs. However, people can also lose their driving privileges for traffic violations such as reckless driving or speeding. Sometimes people have their license suspended for reasons that have nothing to do with driving – such as failure to pay child support. Whatever the reason, a person who has had their license suspended faces serious charges if they are caught driving during that revocation period.
Possible Criminal Charges
If a person is caught driving without a driver’s license, and it is their first offense, they face Class A misdemeanor charges. A conviction can result in a jail sentence of up to one year and a fine of up to $2,500. Under certain circumstances, the person may be charged with a felony instead of a misdemeanor. One example is if a person who has been granted driving privileges during a Statutory Summary Suspension requiring they use a Breath Alcohol Ignition Interlock Device (BAIID) and they are caught driving without one.
The Consequences of Boating Under the Influence
Spring has finally arrived and that means summer is not far behind. The warm weather brings people outdoors to enjoy all types of activities. Illinois offers thousands of lakes and streams throughout the state for both citizens and visitors to enjoy swimming, fishing, and boating. Many of those who enjoy boating, however, sometimes fail to remember that drinking while operating a boat can lead to criminal charges just like drinking and driving a motor vehicle.
Deadly Risks
According to statistics from the Illinois Department of Natural Resources (DNR), there were 14 people killed in boating accidents last year on state waters. Six of those fatalities involved alcohol and/or drug impairment of the boat operator. Marine law enforcement arrested 179 people for operating under the influence (OUI), which was an 11 percent increase from the previous year.
Illinois DUI Accidents Involving Fatalities May Lead to Additional Charges
When driving under the influence and involved in a crash, DUI charges may be the least of your worries. If, for example, someone is killed or injured during the accident, you could very well face additional charges. In extreme cases, those added charges could lead to long-term imprisonment. One young man recently learned this after an accident that caused the death of three Illinois residents.
Three Deaths Lead to Numerous Charges
According to KFVS News 12, the accident happened on Father’s Day, 2015. The young man, who was under the age of 21 at the time, was allegedly drunk and driving the wrong way down Interstate 75 in Atlanta. His car reportedly hit the other one head-on. Three were killed – two of which were children – and one child was paralyzed and allegedly might never walk again.
Neurological Institute Conducts DUI Reenactments to Deter Teens From Drinking and Driving
Although it is illegal to for anyone to drive while intoxicated, and illegal anyone under the age of 21 to drink alcohol, figures from the Centers for Disease Control and Prevention (CDC) show that one out of 10 high school teens drive drunk. This makes them 17 times more likely to die in an automobile crash, and it places them at high risk for a DUI arrest, which can impact their criminal record and licensing status. To combat this issue and hopefully deter teens from driving while intoxicated, the Illinois Neurological Institute is conducting DUI accident reenactments at local high schools.
Realistic Reenactments Attempt to Drive the Message Home
The DUI accident reenactments are gory and brutal. Those responsible for putting them together – local police and fire departments, the local morgue, and the Neurological Institute – have designed them that way to drive the message home: humans have one life, and even just one episode of drinking and driving can rip it away. This, in and of itself, should be enough of a deterrent. But sometimes, it is not. It is then that parents should talk to their teens about the other potential consequences and, if possible and necessary, take action.
The Financial Costs of a DUI Conviction
The cost of a drunk driving conviction can easily run into the tens of thousands of dollars. The obvious expenses usually include attorneys' fees and fines, but there are numerous other costs that people do not usually consider until they find themselves with empty pockets as a result of their conviction.
Upfront Expenses
Financial obligations often start immediately after being taken into custody. In the majority of cases, law enforcement impounds the accused driver’s vehicle and it is towed to a municipal garage. The accused driver or owner of the vehicle is responsible for any and all towing and storage fees. Then there is the cost of bail or bond in order to be released from police custody.
Fines and Driving-Related Costs
Many imposed penalties often include hefty fines. There is also the cost of mandatory drunk driving education course, which averages approximately $1,500 to $2,000.
Implied Consent and the Fourth Amendment in DUI Cases
In the state of Illinois, just as in most states in this country, when a person gets their driver’s license, there is “implied consent” that the person will submit to testing to gather a sample of their blood, breath, or urine to law enforcement if they have been arrested for suspicion of driving under the influence of alcohol or drugs. If a person refuses to submit to that testing, their licence will be automatically suspended for one year. If it is their second or subsequent refusal, they will automatically have their license suspended for three years. This suspension of driving privileges is separate from the actual driving under the influence (DUI) charge or penalties if they are found guilty. However, a ruling by the Georgia Supreme Court regarding implied consent could have far reaching consequences on every state’s implied consent laws.
Cleared of a Crime But Still Wanted by the Law
When criminal charges are dismissed, all court proceedings are supposed to cease. Unfortunately, this was not the experience for a man in New York. Instead, he was arrested several times on a warrant that, according to court documents, never should have been issued. Even more concerning is that his battle with the justice system is not as uncommon as some might think.
The Tale of One Man’s Battle
According to The New York Times, a Brooklyn man in his early 50s was originally arrested on suspicion of trespassing after dropping a friend’s child off at school. His charges were dismissed on the condition that he not commit any crimes for a year, but for unknown reasons, a warrant for his arrest was still issued by the State Supreme Court in the Bronx.
The man claims to have first learned of the warrant after a phone call from the police. He reportedly went to the court to address the matter and the judge did, in fact, determine that the warrant was erroneous. Unfortunately, his battle was far from over. In fact, he was arrested four separate times for that single, wrongfully issued warrant.
Serious Criminal Justice Reform Needed to Decrease Illinois Recidivism Rates
Approximately 30,000 people are released from Illinois prisons each year; most want to return to society, find a job, and support their families. Unfortunately, the current state of the Illinois justice system leaves them with few options and some very large hurdles. This can increase their risk of recidivism (re-offending) and eventually land them back in prison. Before any of this can improve, serious reform must be made, especially in regard to future opportunities and getting a fresh start.
Time Served Does Not Equal Debt Paid
When it comes to those who are convicted of a crime, time served does not usually equal a debt paid – at least not with the way the justice system is now. They may be banned from renting property in certain areas, denied educational loans, banned from receiving public assistance, and are often barred from working in certain professions. And, even if they are actually able to work in a particular field or at a particular job, they may have a difficult time convincing a potential employer to hire them. In fact, many are filtered out before they ever even receive an interview.
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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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