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Recent Blog Posts
A Mistake-Free Future?
For millions of people, the sting of a criminal conviction lasts far beyond the period of incarceration or probation. A tainted record creates a multitude of hurdles in many situations, such as finding a job, finding a place to live, pursuing certain professional occupations, voting in elections, and carrying a firearm. Fortunately, because of some updates that took effect this year, Illinois has one of the more liberal expungement laws in the country, meaning that more people can put their pasts behind them and move on with their lives.
Eligibility
The Criminal Identification Act is essentially designed to effectively rehabilitate first-time offenders. So, in most cases, persons with prior convictions are ineligible for expungement. That being said, some veterans who were convicted of some Class 3 or Class 4 felonies may be eligible.
Test Anxiety
The breath or blood chemical test is usually the primary evidence in a DUI prosecution. But if such evidence is unavailable, typically because the accused exercised his or her right to refuse to provide a sample, the prosecution must normally rely on field tests.
Under the theory that "more is better," many officers employ a wide range of tests: reciting a portion of the alphabet, counting backwards from one number to another one, and even trick questions like "what was the year of your second birthday?"
However, there are only three field tests that are approved by the National Highway Safety Administration for use in these situations. And, each one is flawed in its own way.
Horizontal Gaze Nystagmus
This test, which has been around since the 1970s, measures involuntary muscle movements in the eye. Typically, subjects are asked to follow a specific point with their eyes, like the tip of a pin or flashlight bulb, without moving their heads. If there are four or more "clues" between the two eyes, there is about a 77 percent chance that the subject is intoxicated.
Could Illinois Budget Crisis End Up Affecting DUI Arrest Evidence?
The state of Illinois has been dealing with a financial crisis for the past four months, with lawmakers gridlocked on passing a new state budget. So far, many state agencies and non-profits that rely on funding from the state have been unaffected and are still receiving those funds. However, there are programs which are beginning to feel the sting of the budget impasse, which could eventually trickle down and affect the general public.
One of the areas that are feeling the brunt of lawmakers’ inability to pass a new budget is law enforcement training. A recent statement by the director of Southern Illinois Criminal Justice Training announced the cancellation of approximately half of the certification courses which police academy graduates attend. After November 1st, these classes will be on hold until further notice.
Ticky-Tack
A federal judge in neighboring Iowa recently upheld an officer’s stop in a drug case, even though the defendant was travelling a mere 1mph above the speed limit and the officers admitted that the stop was only a pretext for arrest. Fortunately, the case is not yet binding precedent in Illinois.
The Case
In United States v. Fuehrer, deputy sheriffs in Dubuque had been essentially spying on the defendant for quite some time. When they learned that he would be travelling along Highway 151, the deputies set up a radar speed trap; one of them clocked the defendant at 66mph in a 65mph zone. Probably because it had been pre-arranged, a drug-sniffing dog was on the scene a mere two minutes after the flashing lights appeared. The dog detected methamphetamines, the defendant was arrested for possession of drugs, and his lawyer filed a motion to suppress the evidence.
DEA Cracks Down on Synthetic Marijuana Dealers
As both federal and state laws across the country appear to be heading towards lessening – if not eliminating completely – criminal charges for possession and use of marijuana, there is a concerted effort on law enforcement to crack down on the availability of synthetic marijuana. A year-long investigation by the Drug Enforcement Administration (DEA) recently led to the breakup of a major drug ring in New York City. The sweep led to the arrest of ten men, and the seizure of more than 200 kilograms of chemicals used to manufacture the synthetic marijuana. DEA agents also seized more than 275,000 packets of the drug, which has a street value of approximately $30 million.
Synthetic marijuana, which goes by the street names of Spice or K2, is smoked just like pot. It is manufactured by adding dangerous chemicals to tea leaves or other types of spices or herbs. The product is then packaged up in small foil packets.
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.
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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