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Recent Blog Posts
DUI Stop in Illinois? Five Ways to Protect Yourself
A criminal defense attorney recently garnered national attention from a viral video of him successfully passing through a DUI checkpoint without saying a word.
Florida lawyer Warren Redlich claims that all any driver is legally required to do at a DUI checkpoint is to show the officer a sign that says, "I remain silent. No searches. I want my lawyer." Drivers are also required to show their driver’s license and insurance information. This may all be done from the driver’s side of a rolled up car window.
What Works In Florida May Not In Illinois
Mr. Redlich’s stunt set off debates amongst lawyers all over the country as to whether or not this tactic would work in their respective areas. It is important to keep in mind that the culture of civil procedures in the state of Florida is not always a harbinger of the most legal practices in our country.
What Is the Difference Between Misdemeanors and Felonies?
No matter how minor or major the charges, nobody wants to face the consequences of breaking the law. Unfortunately, people make mistakes that can lead to serious charges.
One way to ease some of the anxiety is to understand the laws that relate to your case. Many people are unsure about the differences between the two main categories of criminal offenses: misdemeanors and felonies. The category under which your offense falls will almost certainly affect the potential severity of your penalties. Knowing what constitutes each can give you a clearer picture of whatever legal situation you may be facing.
Understanding Misdemeanors
Misdemeanor offenses are typically less serious than felonies. Still, it is important to take misdemeanor charges seriously as the penalties could involve steep fines, jail time, and restrictions that limit your personal opportunities. Multiple misdemeanor offenses may lead to harsher penalties.
Understanding Domestic Violence Laws in Illinois
Facing domestic violence charges can be a frightening ordeal. In addition to the potential legal penalties, people who face these charges often endure scrutiny from friends and family. The truth, though, is that you still have rights, and an attorney can help protect them. Besides contacting a criminal lawyer, you should also familiarize yourself with the Illinois laws that relate to domestic violence.
Legal Definitions of Domestic Violence
Any amount of abuse against a family member or other member of the household—whether it is physical, verbal, or mental—may be considered domestic violence. Examples include:
NHTSA Study Highlights Differences in Marijuana and Alcohol DUI Risks
A new government study addresses the issue of driving while under the influence of marijuana. This report is especially timely given that more and more states are passing new statutes allowing the use of medical marijuana.
According to the study, which was conducted by the Department of Transportation's National Highway Traffic Safety Administration (NHTSA), people who are driving while under the influence of marijuana were at a much lower risk of getting into a car accident than drivers who are under the influence of alcohol.
The report, Drug and Alcohol Crash Risk, contains the results of the NHTSA’s 20 month study. And according to that data, there is not a substantial change in the car accident risk for people who have smoked marijuana before they get behind the wheel of a car. However, drivers who have blood alcohol content (BAC) even as low as .05 increases have almost seven times the risk of crashing than someone who is sober.
Illinois Revenge Porn Law Signed by Governor
The state of Illinois recently passed what many legal analysts say is the toughest revenge porn law in the country. The governor has signed the law, which makes it a felony to post sexual videos or photos of another person online without his or her permission. The new law goes into effect June 1, 2015.
Although there are currently revenge porn laws currently in effect in 16 other states, the Illinois law is considered the strongest because of the following reasons:
- It does not matter what the defendant’s motive was in posting the photos. Some of the other state’s laws require that the offender had intent to cause emotional distress to the victim, but the Illinois law concerns itself only with the harm that is done to the victim, not what the intent of the offender was.
High Court Expands Police Powers
According to a recent United State Supreme Court case, the old adage that "ignorance of the law is no excuse" does not apply to criminal prosecutions.
The Facts
Heien v. North Carolina began on an early spring morning in 2009 near the North Carolina-Virginia border. Surry County Sheriff’s Department Sergeant Matt Darisse observed a "stiff and nervous" driver in a Ford Escort. He followed the car for several miles. Eventually, the driver slowed down and only the left brake light came on. Sergeant Darisse pulled the car over and gave the driver a warning. But the entire time, Mr. Heien was lying prone in the back seat. Sergeant Darisse became even more suspicious, obtained consent to search the car, and discovered a sandwich baggie full of cocaine.
A Brief Guide to Criminal Trespassing Laws in Illinois
Trespassing laws serve a number of important purposes. They ensure safety by defining what areas people can and cannot enter. They also protect the property of business--and homeowners.
Like any criminal offense, though, there are times when trespassing charges are not valid. It may be possible to reduce the charges or convince the court to drop them altogether. If you would like to learn about the defense strategies available, contact an experienced criminal attorney who has experience in trespassing cases.
Deciphering Trespassing Signs and Laws
According to Illinois law, it is required that a sign specifically identify which areas are open to the public. Purple markings or poles may indicate that an area is not open to the public.
Illinois BAIID Program: Driving Privileges during Suspension
The cost of a DUI arrest often begins even before the first court date for the criminal charge. If a person fails sobriety testing or refuses to submit to testing during an arrest, there is an automatic suspension of driving privileges. A first-time offender who has failed chemical testing faces a six-month suspension and a refusal to submit to testing results in an automatic 12-month driving suspension. Either of these can cause serious hardship for those who rely on driving as their transportation to and from work and other daily activities.
First-time DUI offenders in Illinois who are eligible for a Monitoring Device Driving Permit (MDDP) can opt to register for a Breath Alcohol Ignition Interlock Device (BAIID). If approved, the BAIID is installed and monitored by the Secretary of State’s office and will provide temporary driving relief during the suspended period.
Attacking the Evidence in a Criminal Case
Police officers are trained to look for several "signs" of intoxication when they first come into personal contact with a DUI suspect. Often, and especially if a defendant refused to submit to a chemical test, a prosecutor may rely on these "signs" to help prove that a driver was intoxicated. However, an experienced DUI defense attorney can refute some or all of these signs, giving a DUI suspect a much better chance to either beat a case or negotiate a more favorable plea agreement.
Traffic Violation
Speeding, running a stop sign or stop light, and making an unsafe lane change are some of the more common traffic violations that may lead to a stop. But there are plenty of factors, other than alcohol, that cause people to speed and run stop signs. Many times, an officer has actually profiled a defendant based on time of day and location. In other situations, the officers may have been working a special DUI patrol, so they had a direct incentive to locate DUI suspects.
Case Update: The Anonymous Tip
In most DUI arrests, an officer sees a motorist breaking a traffic law and that observed violation leads to an initial stop. But, what if an officer receives an anonymous tip about a drunk driver, and pulls the driver over based solely on that information? The Supreme Court considered that question earlier this year in Navarette v. California. In a 5-4 decision, the justices ruled that these stops are legal, provided the officers follow certain protocols.
Facts
In the case of Navarette v. California, officers received a 911 call about a pickup that had "ran the reporting party off the roadway." A short time thereafter, CHP officers pulled over a truck, which was occupied by two men. After the officers found 30 pounds of marijuana, the pair was arrested. At their trial, they moved to suppress the marijuana, arguing that it had been illegally obtained. However, the trial judge denied the motion, the California Court of Appeals affirmed their convictions, and the case found its way to the Supreme Court.
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