Posted on October 08, 2019 in Traffic Violations

It has often been said that dogs are a man’s best friend, and that makes perfect sense when you look at the relationship that humans and canines have had for years. For centuries, dogs have been beloved companions, and dogs often work alongside law enforcement professionals in the field. Today, tens of thousands of dogs work with their police officer handlers, and one of their most common duties is to use their exceptional olfactory abilities to sniff out illicit substances. During traffic stops, it is not uncommon for an officer to use a drug-sniffing dog, but the legality of this tactic has been questioned.

Does This Violate Fourth Amendment Rights?

The first 10 amendments to the U.S. Constitution are called the Bill of Rights, and they include many rights that are core American values, including the right against unreasonable searches. The Fourth Amendment contains this right and states that American citizens have the right to “be secure in their persons, houses, papers, and effects,” and for those things to be free from “unreasonable searches and seizures,” unless a warrant has been issued.

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 Posted on September 25, 2019 in Traffic Violations

Many people would agree that you should stop and address the situation if you are in a traffic accident. The majority of crashes can result in some sort of damage, whether it is property damage or bodily injury. If you get into any type of vehicle accident, it is always a good idea to stop and call the police, especially if the other person does not want to cooperate with you or provide insurance information. In most cases, you are legally required to stop and report the situation to the police, and fleeing the scene of the accident is illegal. Failure to stop after an accident can result in you being charged with a misdemeanor or felony crime, depending on the situation.

Fleeing from a Property Damage-Only Accident

Even if you are involved in a car accident that does not involve injury to another person, you are still required to stop. By law, you are required to provide the other driver with your name, address, vehicle registration number, and insurance information. You do not have to remain in the exact spot where you collided with the other driver, especially if you are blocking traffic. You are able to move your vehicle as long as it is safe to do so, but you still must exchange information with the other driver.

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 Posted on September 18, 2019 in DUI

The state of Illinois has some of the strictest DUI laws in the country. Even for a first offense of driving while under the influence, you can lose your driving privileges. In fact, through a statutory summary suspension, your driving privileges can be taken away without ever even being convicted of a DUI if you fail or refuse to take a chemical blood alcohol test. If your driving privileges are suspended because of a DUI, you do have options for driving relief during your suspension period. Depending on your circumstances, you can get a monitoring device driving permit (MDDP) or a restricted driving permit (RDP), both of which require the installation and use of a breath alcohol ignition interlock device (BAIID). If you lose your driving privileges, here are a few things you should know about BAIIDs:

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 Posted on September 11, 2019 in Criminal Law

In the grand scheme of things, retail theft is a relatively minor crime--but it is still a crime. In many cases, retail theft is a misdemeanor charge in Illinois, but it can elevate to a felony charge in certain situations. What many people do not know is that retail theft is not just simply taking something from a store without paying for it. You can be charged with retail theft for a variety of different actions, which also determine the type of charge and the applicable penalties if you are convicted. 

General Retail Theft

When most people think of retail theft, they probably think of the type of theft that is defined under the Illinois Criminal Code. According to Illinois law, general retail theft occurs when a person takes possession of, carries away, transfers, or aids in the transferring or carrying away of merchandise without paying for the products and with the intention of depriving the store of its use or benefit. Retail theft is a Class A misdemeanor, as long as the value of the allegedly stolen merchandise does not exceed $300. If the merchandise is valued at more than $300, then the charge is elevated to a Class 3 felony. A repeat offense of retail theft is also an elevated charge and is classified as a Class 4 felony.

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 Posted on September 04, 2019 in DUI

Being pulled over by the police for any reason can be a nerve-wracking experience. Something about those flashing red and blue lights in the rearview mirror can instill fear and anxiety in even the most innocent people. If an officer has reasonable suspicion that you are driving under the influence of drugs or alcohol, he or she will pull you over to further investigate. During the traffic stop, the officer will be looking for any sign that you are impaired beyond the point of safe driving. Before an arrest can be made, there must be probable cause. One of the ways an officer obtains probable cause is by performing field sobriety tests, such as asking you to walk in a straight line or stand on one foot. However, if an officer asks you to complete a field sobriety test, do you have the right to refuse in Illinois?

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 Posted on August 26, 2019 in DUI

In all 50 states, it is illegal to drive while under the influence of drugs or alcohol. When you are intoxicated, your body does not react to instances in the same way as it would when you are sober. Your response time is slower, your reflexes are diminished, and your cognitive abilities are impaired. This is what makes accidents involving an intoxicated driver so deadly. There were 27,046 people arrested for DUI in Illinois in 2017, according to the Secretary of State’s office. Being convicted of a DUI can result in serious penalties, including driver’s license revocation, fines, and even jail time in some circumstances.

Before the Stop

Before you are pulled over, a police officer must have probable cause to conduct a traffic stop. In other words, the officer cannot just randomly choose a car to pull over; there has to be a legitimate reason for the stop. Common factors that lead officers to pull over vehicles on suspicion of DUI include erratic driving, lane swerving, or speeding.

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 Posted on August 16, 2019 in Criminal Law

In today’s world, firearms have become a popular topic of conversation in both the legislative arena and in everyday life. Many lawmakers have pushed for increased regulation of the sale, purchase, and use of guns throughout the country, but many Americans still cling to their Second Amendment rights. The state of Illinois has fairly strict laws when it comes to guns. If you wish to possess a firearm in Illinois, you must first apply and receive a firearm owner’s identification (FOID) card. Similar to a driver’s license, the card contains information about you and is proof that you are permitted to own a firearm. In certain situations, your FOID card could be revoked, which would require you to take certain steps to avoid criminal charges.

How Can I Lose My FOID Card Privileges?

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 Posted on August 09, 2019 in Drug Crimes

Drug use among teenagers has been declining for some time now, although it still remains a problem, especially among teens who are involved in the juvenile justice system. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) reported that an estimated 1.3 million teenagers aged 12-17 had a substance abuse disorder in 2014. According to multiple studies, around half of the youths within the juvenile court system have problems related to alcohol or drugs. Rather than leave these disorders untreated, teens who come into contact with the juvenile justice system and have an apparent drug or alcohol problem can be referred to the juvenile drug court treatment program.

Determining Eligibility

In order to be admitted to the drug court treatment program in Illinois, a juvenile offender must be referred and must meet all eligibility requirements. For a juvenile to be eligible for the drug court treatment program, he or she must:

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 Posted on August 02, 2019 in Sex Crimes

Due to the #MeToo movement and revelations about the criminal actions of some public figures, some types of crimes are receiving increased scrutiny. Accusations of sex crimes, such as sexual assault, are becoming more common, and offenders can face significant penalties, including imprisonment and fines. However, in some cases involving sex crimes, the accusations may come years after the crimes allegedly occurred, and the statute of limitations may have passed. The “statute of limitations” is a designated period of time in which an individual can bring legal action against another party. Recently, Illinois became the eighth state to remove the statute of limitations on sex crimes, and those who are facing these types of charges should be sure to understand how this change in the law may affect them.

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 Posted on July 29, 2019 in Traffic Violations

Speeding is a rather common traffic offense in Illinois and throughout the United States. It is easy to speed, because in many cases, a person does not even realize they are going over the speed limit. Traveling over the speed limit may seem like a victimless offense, but according to the National Highway Traffic Safety Administration (NHTSA), speeding killed more than 9,700 people in 2017 alone, or around 26 percent of all people killed in traffic accidents that year. Because of the danger speeding poses, Illinois laws can be rather serious when it comes to punishing violators. Any person who speeds is technically breaking the law, but those who have a commercial driver’s license (CDL) may face other consequences that could potentially damage their careers.

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