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Recent Blog Posts
What Happens at a Secretary of State Hearing?
When you are charged with DUI in Illinois, the only way to keep your driver's license from being suspended or revoked, even on a limited basis, is to demand a Secretary of State hearing. There are a number of myths about this proceeding, but the simple fact is that you have nothing to lose at a Secretary of State hearing, and everything to gain.
Common Misconceptions
Some people believe that the must say they are alcoholics at a Secretary of State hearing. There is a kernel of truth in this belief, in that most hearing officers want to hear the applicants say they are sorry for their behavior, and not just sorry they got caught. But there is no need for an unwarranted emotional confession; frankly, most hearing officers do not care.
Other people are at the opposite end of the spectrum, and they are afraid that the officers will be shocked by their habits and deny them relief on that basis. Whatever your story may be, rest assured that the hearing officer has probably heard worse.
Sweeping Law Enforcement Reform Act Signed by Governor
The Governor of Illinois has signed the Police and Community Improvement Act into law. The act contains 200 different bills which address rules and procedures for law enforcement regarding bias-free policing, body cameras, choke holds, and a multitude of other police reforms. The major piece of legislation came about as a result of the nationwide movement for police reforms over several highly publicized law enforcement-involved deaths of private citizens.
According to the new law, chokeholds are prohibited, except in circumstances where deadly force is deemed to be necessary. Per Article 7 of the Illinois Criminal Code, deadly force is only allowed when a member of law enforcement needs to protect and defend themselves, another person, or property. The law also calls for specific training for police officers to ensure they understand different cultures and can recognized any bias that may exist.
Two New Laws Regarding Bail Coming to Illinois
Two new laws regarding fees collected for bail is going to cost Cook County approximately $5 million in lost revenue every year. Lawmakers who pushed for the measure say these laws will especially protect those defendants who are poor and often do not have the funds when it comes to posting bail.
The first bill passed and signed into law addresses the amount of money counties can collect on bail. Previously, when a person was arrested and qualified to be released on bail, they would forfeit 10 percent of the bail amount as a processing fee. The county kept that processing fee whether or not the person was actually ever convicted for the crime or not. For example, a person who was arrested for a crime has their bail set at $5,000. Under current laws, the person is also responsible for a $500 processing fee. The person is later found innocent of the crime they were charged with. The $5,000 is returned, minus $500 kept by the county as the processing fee.
Proposed Law Would Require IIDs for All New Vehicles
Citing statistics from a study conducted by researchers at the University of Michigan, a federal lawmaker has announced that she will be introducing legislation that will require all new cars manufactured by American companies to come equipped with ignition interlock technology in order to stop drunk drivers from getting behind the wheel of a vehicle.
Ignition interlock devices (IID) measure a person’s blood alcohol content (BAC) the same way a breathalyzer does. When the device is installed on a vehicle, it requires a driver to provide the device with a breath sample in order for the vehicle to start. If the driver’s BAC is over a pre-programmed limit, the vehicle will not start. Many states, including Illinois, use these devices as criteria for reinstating the driving privileges of a person who has been convicted of driving under the influence.
When Can The State Seize Your Car?
Sweeping vehicle impound laws are popping up throughout the country, and Illinois is no exception. Since the fees accumulate daily, the total amount due quickly exceeds the car’s value, in many cases. If the police seized your vehicle as part of a criminal law matter, what are your rights?
Vehicle Impound Law
Chapter 625 of the Illinois Compiled Statutes is the primary vehicle impound law in criminal cases. Peace officer shave the right to seize a vehicle without a warrant in the following situations:
- DUI: Arresting officers must reasonably believe that a subsequent violation is likely. After a 12-hour waiting period, owners may ask to regain possession if they were not driving the vehicle at the time, or if they temporarily assign the vehicle to another qualified driver.
Alleged Victims Receive An Official Voice In Criminal Courts
Governor Bruce Rauner recently signed HB 1121, the Crime Victim’s Bill of Rights. What are some important rights that defendants have in a criminal case?
The founder of Marsy's Law for All proclaimed that the measure gives alleged crime victims "a much stronger voice in the Illinois criminal justice system." This law follows up on a Constitutional amendment that voters adopted in November 2014. Among other provisions, Illinois’ version of Marsy’s Law requires prosecutors to keep alleged crime victims informed of a case’s progress, gives victims the right to be present at plea hearings, and clearly delineates victims’ rights.
California passed the first Marsy’s Law in 2008, and that measure is arguably the strongest victims’ rights provision in the United States
To Plea or Not To Plea
Although riveting courtroom dramas serve as the dramatic climax in countless movies, books, and TV shows, most criminal matters are resolved without such a high-stakes intellectual duel.
Plea bargaining first appeared in the 1880s, which is not very long ago when considering the fact that criminal trials date back to Biblical times. In one of the earliest recorded cases, Albert McKenzie, who pilfered $52.50 from his sewing machine company employer, pled guilty to misdemeanor embezzlement to avoid a felony trial. The practice grew steadily before exploding in the 1980s and 1990s, partially in response to the federal government’s "war on crime" that drastically increased the minimum sentences for even low-level offenses.
A Totally Clean Slate
A previous post discussed some informal and semi-formal ways to deal with the fallout from a criminal conviction. But in some cases, there is a way to either bury a criminal record or eliminate it altogether.
Once again, the relevant law is the Criminal Identification Act, and it is one of the broadest laws of its kind anywhere in the country. The underlying theory is that non-violent, first-time offenders should not face a lifetime of negative consequences, such as public prejudice and trouble finding a job or a place to live, due to a poor choice.
Pardon
Denying Methadone to Inmates May Increase Relapse Risk upon Release
A recent study conducted by researchers from Brown University in Rhode Island reveals that prisoners who are refused methadone treatments while incarcerated are more apt to not seek treatment once released, greatly increasing their chances of relapsing.
Methadone is a synthetic drug which is often used to treat those who are addicted to heroin and other opiates. Methadone blocks the brains receptors which are affected by the opiate, thereby alleviating the intense withdrawal that addicts often suffer when trying to get off the drugs. Methadone can be taken either in liquid or pill form, and is usually taken once a day. In most cases, a single dose of the drug blocks withdrawals for approximately 24 to 36 hours.
Although many addicts have a high rate of success with methadone, most prisons in this country do not administer the drug to inmates with addiction issues. When a methadone-treatment patient is sent to prison, they are also usually cut off from the treatment immediately upon arrival at the jail.
An Informal Fresh Start
Illinois law provides several avenues for individuals to erase their criminal history records, or at least limit the negative effects of these records. In fact, after recent amendments that took effect in January 2013, The Land of Lincoln has one of the more liberal expungement and sealing procedures in the United States.
The relevant law is the Criminal Identification Act. But despite the statute’s expansion, many people may remain ineligible for expungement or sealing. Fortunately, some other options are available.
Deferred Adjudication
One of the most common types of expunction is not listed in the Criminal Identification Act at all. In deferred adjudication probation, the defendant reports to a probation officer, pays fees, attends Court-ordered classes, performs community service, and does everything else that probation entails. But at the end of the term, the defendant’s case is dismissed, so there is no disposition of guilt.
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.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
