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Recent Blog Posts
New Bill Would Prohibit Suing Inmates for Incarceration Costs
A newly-introduced bill that recently received the endorsement of an Illinois Senate committee would ban the state from suing former and current inmates for the cost of their incarceration. There are dozens of cases in which inmates have been sued by the Department of Corrections after they have come into money. Even the current Attorney General – whose office is in charge of the litigation – has referred to the practice of seizing prisoners’ assets as raising “moral” questions and needs to be reevaluated. Lawmakers in favor of banning the lawsuits say that going after inmates’ assets defeats the purpose of rehabilitation, making it difficult for them to get back on their feet once they are released.
Tragic Example
In one case, a man was incarcerated for 15 months following conviction on drug charges. During his sentence, he received a settlement for the wrongful death of his mother totalling just under $32,000. The man had planned on using those funds to start a new life when he was released, however, the Corrections Department sued him for the cost of his incarceration and won. When the man was released from prison, he had no money and was forced to live in a homeless shelter. The man died last June and his family reports he was destitute.
Accuracy Concerns Over Blood Test Results in Illinois Police Labs
In 2011, an Illinois man was driving down a street in Lisle when a couple ran in front of his car. The driver was unable to stop in time, and the vehicle hit the woman, who subsequently died from her injuries. The driver was charged with aggravated DUI, but a judge later dismissed those charges based on insufficient evidence and calling into question the accuracy of the state’s forensic crime labs.
Troubling Inconsistencies
According to reports, when law enforcement arrived at the scene, they tested the driver’s blood alcohol content level (BAC), which lab reports later said registered at 0.086. The legal BAC limit in Illinois is 0.08. In the course of the investigation by the defense, it was discovered that there had been an internal audit of the Illinois State Police Laboratories regarding blood alcohol test inaccuracies. The audit reported “75 percent of the whole blood controls analyzed exceeded two standard deviations,” which would produce inaccurate or invalid results.
How a Domestic Violence Charge Could Impact Your Gun Rights
In the state of Illinois, domestic battery (a domestic violence charge) is a serious offense that can have a permanent and damaging effect on your life. You could spend time in jail and face fines, you may be denied employment in certain settings because of your record, and a new law now restricts your ability to own, purchase, carry, or use a firearm. It is important to understand the details of a domestic violence charge, and how this new law may impact your life if you are convicted.
What Constitutes Domestic Battery in Illinois?
To be convicted of domestic battery in the state of Illinois, you must be found guilty of causing bodily harm to a family member or household member, or making physical contact in a provoking or insulting way with a family member or household member. This extends much further than simply the people you are in a relationship with or natural family members. It also includes ex-spouses, stepchildren, people you live with, someone you share a common child with (or alleged common child with), have had a dating or engagement relationship with in the past, caregivers, and even personal assistants.
Man Charged with Two Counts of Homicide in Fatal DUI Crash
Whenever you are caught driving under the influence, charges may be brought against you. Penalties for those charges are dependent upon a number of factors, including any previous convictions, age, blood alcohol level, and whether or not you were transporting a minor at the time. If, however, someone is injured or killed in a DUI-related accident, much heavier penalties could result. Such are the charges currently being faced by a man in the neighboring state of Wisconsin after a fatal DUI crash.
Conviction Carries Up to 162 Years in Prison
According to Fox News, two people were killed and one was injured in the crash last month. The driver of one of the vehicles is being charged with two counts of operating a motor vehicle with a revoked license, causing death; two counts of homicide by intoxicated use of a motor vehicle; one count of operating a motor vehicle while revoked causing great bodily harm; and one count of injury by intoxicated use of a vehicle. If he is convicted, he could be imprisoned for up to 162 years, the maximum penalty for all six charges. If the accident had occurred in Illinois, the man would likely be facing very similar charges with comparable potential penalties.
Medical Marijuana and Child Abuse or Neglect Charges
The Illinois Compassionate Use of Medical Cannabis Pilot Program Act, which went into effect in January 2014, has some of the most stringent rules in the country, including requiring more than just a physician’s recommendation the patient be allowed to purchase medical marijuana. The state requires that there be a “bona fide” relationship between the doctor and patient, meaning that assessment and treatment of the medical condition are ongoing. Patients who apply are required to go through a background check conducted by the Illinois State Police and must be fingerprinted – all at their own expense. There are also a limited number of medical conditions which have been approved for the program. Medical marijuana can be ingested in several forms besides smoking including, candies, cookies, flour, lotions, skin patches, and vape juice.
Are Children Affected by Their Parent’s Criminal Record?
According to international statistics, the United States leads the rest of the world in arrests and incarcerations. In the past 40 years, the number of people in this country who are in jails, state correctional facilities, and federal prisons has increased fivefold. There are currently over two million Americans who are incarcerated. Broken down, this means that out of every 100,000 Americans, 716 of them are behind bars.
Even more alarming is the number of people in this country who have criminal records – one out of every three – ranging from arrests without any conviction, minor offenses, and more serious offenses. This means that approximately 100 million Americans are suffering the consequences often associated with a criminal record. Multiple studies have shown that even a minor offense can lead to multiple barriers when it comes to education, employment, housing, and public assistance, leaving those with records struggling financially, many living below the poverty line.
Unpaid Traffic Tickets Can Come Back to Haunt You
Most people know that traffic violations must be promptly dealt with, but sometimes life gets in the way and we miss the important deadline. Unfortunately, this can have a severe impact on your life. And, as one Illinois man recently learned after being jailed for a 25-year-old unpaid traffic ticket, the consequences might creep up on you when you least expect it. Avoid facing a similar fate by knowing how to effectively manage your recent traffic violation.
Implications of a Traffic Violation
Traffic violations will cost you more than just the initial fines and surcharges imposed by the state; the Illinois Secretary of State may also add points to your Illinois driving record. This can increase the cost of your automobile insurance for at least three years. Serious infractions can also lead to the temporary suspension or complete revocation of your Illinois driver’s license.
Multiple DUIs in Illinois Can Lead to Long-Term Imprisonment
New laws that were implemented at the beginning of 2016 could place more drivers with convictions for driving under the influence (DUI) back on the road. However, it should be noted that continued DUI charges can still result in subsequent punishment, including long-term imprisonment. In fact, one woman recently received a 13-year sentence after being convicted of her fifth and sixth charges of driving under the influence. Stay safe, prevent further DUIs, and know what to do if you are arrested again to protect yourself from similar consequences.
Follow All Former DUI Orders
If you have already received a DUI conviction, it is critical that you follow all orders given. This can include everything from fines and community service to the completion of a drug and alcohol program or use of an interlock device on your vehicle once your license is reinstated. Compliance can ensure you keep your license, and not attempting to drive illegally can prevent further penalties.
BAC and Drunk Driving in Illinois
In Illinois, just as in each of the other 49 states, a person who is driving with a blood alcohol content (BAC) of .08 or higher is considered legally intoxicated. However, there are cases where a person can be charged with drunk driving when they have a BAC of .05 to .08, if law enforcement produces additional evidence pointing to a driver’s impairment.
The BAC is determined by the ratio of alcohol to a person’s blood, and can also be estimated by testing samples of his or her breath. Alcohol is absorbed quickly, going from a person’s stomach, into the bloodstream, and then traveling up to the brain. The first traces of alcohol can usually be detected within 30 minutes to an hour after a person has had a drink.
Many people are under the impression that the type of alcohol they drink makes a difference – but that is a mistake. A typical drink contains about one-half ounce of alcohol. This is roughly the amount of alcohol which is found in a typical 5-ounce glass of wine, a 12-ounce beer, or a “shot” of distilled liquor.
Traffic Stops and DUI Charges
“The police officer pulled me over for no reason,” is one a common statement which many attorneys hear from their clients who may subsequently be facing DUI charges after a traffic stop. While many people may feel that law enforcement just randomly pull drivers over, there is actually a set of determinants which an officer considers before stopping a vehicle. It is important for a defendant – and their attorney – to consider those determinants once a person has been charged with driving under the influence of alcohol or drugs.
The National Highway Traffic Safety Administration (NHTSA) has developed guidelines which law enforcement should follow in the impaired driving detection process. These factors are what determines whether or not the officer had probable cause to stop the vehicle. The NHTSA recommends this process should be done in the following three stages:
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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