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Recent Blog Posts
Interrogation Guidelines for Minors Change in Illinois
Despite the rights given to us in the Constitution, not all individuals are treated equally when it comes to the criminal justice system. The criminal justice system was created with the intention that everyone would be treated as equals to give everyone a fair chance at life and liberty. Unfortunately, that is not always the reality. In many cases, smaller minority groups and even juveniles involved in the criminal justice system are unfairly treated. Fortunately, steps are being taken each day to help combat some of the injustices that currently exist. In recent weeks, the state of Illinois has become the first state to prohibit police officers from using deception or lying when interrogating a juvenile suspect.
Changes in the Law
When police are investigating a crime, one of the many tools that they use to do it is interrogations. In recent weeks, interrogations have been in the media, specifically, the ability of questioning officers to mislead juvenile suspects. Now, law enforcement officials in the state of Illinois are prohibited from using deceptive tactics when interrogating young suspects. Police often use deceptive practices, such as lying, conveying fabricated information, and falsely promising leniency for confessing against juveniles. However, under the new law, any evidence obtained through these means will not be admissible in court.
Can My Driving Privileges Be Reinstated After an Illinois DUI Arrest or Conviction?
When you are accused of driving under the influence (DUI), there are various ways the charge could affect your life. One of the most significant ways a DUI charge can affect you is by limiting your ability to legally drive. When you are arrested for suspicion of DUI, your driver’s license can be suspended simply for failing a chemical test to determine your blood alcohol content (BAC). If you refuse to submit to a chemical test, penalties can become more severe and the license suspension can become even longer. In addition, any person who is convicted of DUI faces even more time on their license suspension, with the possibility of it being revoked. Not being able to drive or get you or your family from place to place can put a lot of strain on your daily life. Fortunately, there are things you can do to get your driving privileges back after a DUI arrest and/or conviction.
Do Police Need a Warrant to Search My Vehicle in Illinois?
Relations between law enforcement and the country’s citizens have been rocky because of various and multiple events that have been portrayed in the media. In many cases, police have overstepped the boundaries in place that protect a person’s constitutional rights. One common right that is often violated during traffic stops is the right against unreasonable searches and seizures. In most cases, a police officer must have a warrant to search your vehicle, just as if they were intending to search your home. However, there are certain exceptions that would allow officers to legally search your vehicle without a warrant and obtain evidence that may result in a criminal charge.
You Consent to the Search
The easiest way officers can legally search your vehicle without a warrant is simply by gaining your permission to search your vehicle. In most cases, the officer will ask you if he or she can search your vehicle before they resort to telling you that they are going to search it. You do not have to consent to a warrantless search. However, if you do not consent to a vehicle search, the officers will likely still proceed with the search under one of these other two circumstances.
What Is the Difference Between Expunging and Sealing Criminal Records?
Going through the criminal process can be a life-changing experience. Not only do you face penalties for whatever conviction you received, but you also face lasting effects when you begin to reintroduce yourself into society. Many people who have been convicted of a crime have difficulty finding employment or even a place to live. Fortunately, Illinois allows certain offenses to be sealed or expunged from a person’s record under certain circumstances, preventing the general public from viewing these documents. There are differences to the expungement and sealing process, so you should be aware of those before you decide which process to proceed with.
Record Expungement
For your criminal record to be eligible for expungement, there are certain requirements that it must meet. In Illinois, arrests for any felony or misdemeanor charge can be expunged if those arrests did not lead to a conviction. If you were convicted of a felony or misdemeanor, that record can only be expunged if your conviction was reversed or vacated, or you were pardoned by the governor of the state. You may also be able to have sentences of court supervision expunged from your record, as long as it has been at least two years since the completion of the sentence. If the sentence of court supervision was imposed for domestic battery, criminal sexual abuse, operating an uninsured vehicle, operating a vehicle with a revoked registration, or displaying a false insurance card, it must be at least five years after the sentence is completed to expunge the record.
Can I Be Arrested for Allowing Minors to Drink Alcohol on My Property?
Countries around the world vary when it comes to the legal drinking age. In some countries, such as Germany, the legal drinking age is 16. In other countries -- around 61 percent of countries around the globe -- have a legal drinking age of 18 or 19 years old. The legal drinking age for anyone in any of the 50 states is 21. If a minor is caught drinking before they are 21, they face possible criminal charges, a driver’s license suspension or revocation, and expensive fines. In Illinois, an adult who furnishes alcohol to a minor or allows minors to drink on their property can also face criminal charges.
Illinois’ “Social Host” Law
Despite years of bringing attention to the dangers of underage drinking and advocating against it, plenty of teens still consume alcohol across the country. The majority of alcohol consumption by minors is done at home in social settings. However, parents are not permitted to allow minors to drink. This “social host” law was put into effect in 2013 and prohibits parents from knowingly allowing their child or other minors to consume alcohol, even in a private residence. Parents who break this law face a Class A misdemeanor charge, which is the most serious of misdemeanors. For a Class A misdemeanor, you face up to one year in jail, a minimum fine of $500, and the possibility of up to $2,500 in fines.
What Are the Penalties of a Credit Card Fraud Conviction in Illinois?
In today’s world of electronics, credit card fraud is easier than ever for people to accomplish. According to the Federal Trade Commission’s (FTC) yearly report, more than 4.7 million consumer issues were reported to the Commission in 2020, with the most commonly reported issue being identity theft. Credit card fraud is a type of identity theft and is one of the most frequently reported types of identity theft, making up about 30 percent of all identity theft reports to the FTC. Most people understand what consequences come from a credit card fraud situation, but many are not aware that there are multiple ways a person can be charged with credit card fraud.
Types of Credit Card Fraud
There is more than one way you can be charged with credit card fraud in the state of Illinois. According to the Code of Corrections, credit card fraud includes:
What Does “Not Guilty by Reason of Insanity” Mean in Illinois?
If you have ever watched a movie or TV show dealing with the subject of crime, chances are you have heard someone try to plead not guilty by reason of insanity, which is also sometimes shortened to simply “pleading insanity.” This is often an easy subject to dramatize, making it a prime subject for show business, but this idea actually also has legitimate merit in the legal world, though under specific circumstances. In some situations, pleading not guilty by reason of insanity is a possible way a person could be held not criminally responsible for a crime, but only if they meet certain requirements.
Insanity in Illinois
According to Illinois law, a person cannot be held criminally responsible for a crime if they are unaware of the illegal nature of their actions because of a “mental disease or mental defect.” Insanity is an admissible defense if the defense team can prove that a person meets the state’s requirements for “mental disease or mental defect.” Different states have slightly different ways of determining whether or not a person meets the standards, but Illinois follows the requirements set forth by the American Law Institute in the Model Penal Code. These standards state that a person cannot use the insanity defense unless they:
What Rights Do I Have if I Am Pulled Over At a DUI Checkpoint?
One of the tools that the state of Illinois uses to find and deter those who are driving under the influence of drugs or alcohol is by conducting sobriety checkpoints. The Supreme Court of the United States has held that sobriety checkpoints do not inherently violate any constitutional rights, as long as they are conducted in a legal manner. In Illinois, this means the time, date and location of the sobriety checkpoint should be announced to the public prior to it taking place and signs and/or lights should be used to designate the checkpoints. Being pulled over for DUI can have a significant impact on your life, which is why it is important to understand that you do have rights when you are stopped at a sobriety checkpoint in Illinois.
You Have the Right to Turn Around and Avoid the Checkpoint
The first thing you should understand is that you are not required to go through the sobriety checkpoint. Police officers are required to clearly mark DUI checkpoints and make them visible to drivers. If you see a DUI checkpoint coming up and you do not wish to go through it, you are legally permitted to avoid the checkpoint, as long as you can do so safely without breaking any laws. However, you should be aware that nearby officers may be watching for drivers who avoid the checkpoint and may pull you over for doing so.
What Makes a Person Ineligible to Own a Firearm in Illinois?
Since its inception, the United States has done things a little differently. When it comes to gun laws, the country as a whole is unique. The inherent right to gun ownership is written into the country’s constitution, though each individual state has the right to regulate the possession, use, sale, purchase, and/or transfer of firearms within their boundaries. While some states are laxer with their firearm laws, the state of Illinois tends to have rather strict laws concerning firearms. In particular, not everyone is legally permitted to own a firearm in the state of Illinois. Being caught in possession of a firearm when you are not legally supposed to have one can lead to serious consequences that require representation from a skilled Illinois criminal defense attorney.
FOID Cards and Ineligibility
Though not all states have the same requirements, the state of Illinois requires everyone in possession of a firearm to have a valid firearm owner’s identification (FOID) card to be in legal possession of that firearm. To be eligible to receive a FOID card, you must meet certain requirements, as there are certain things that can make you ineligible for ownership, both on the state and federal level. In general, a person is ineligible for a FOID card if they:
What Are the Consequences for Being Convicted of a Hate Crime in Illinois?
Each year, the FBI collects important data on hate crimes that occur around the country in all 50 states and the District of Columbia. Last week, the FBI released the 2019 hate crime statistics, the most recent hate crime data available for the U.S. According to that data, there were 65 hate crimes that were reported to have taken place in the state of Illinois in 2019. In recent years, lawmakers and law enforcement agencies across the country have put more money and resources into the investigation and prosecution of hate crimes, which has led to a big push to protect people of certain classes across the country. As a result, law enforcement and prosecutors often punish offenders to the fullest extent of the law. However, the consequences for committing a hate crime in Illinois can be serious.
What Is a Hate Crime?
A hate crime occurs when a person commits some type of crime against another person because of that person’s actual or perceived race, religion, sexual orientation, gender, gender identity, or physical or mental disability. Typically, hate crimes are violent in nature, but they can also consist of crimes against the victim’s property. Examples of hate crime in Illinois can include:
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