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Recent Blog Posts
Changes Proposed for Treatment of Sex Offenders
Due in large part to the publicity of high-profile cases, laws pertaining to the statute of limitations and handling of sexual assault and harassment claims are undergoing change or review. Officials maintain these efforts are necessary to protect victims. However, consideration is now being given to the way the registry of sexual offenders is maintained in Illinois.
Task Force Makes Recommendations
At the end of last year, a specially named task force published a report that proposed certain changes to the way Illinois handles sex offenders and the state’s registration list. The panel included public advocates, victims, members of law enforcement, defense attorneys and prosecutors.
- A point of emphasis was the application of rule pertaining to underage offenders. This includes the way in which cases involving two people on opposite sides of the age of 18 are handled – or so called, “Romeo and Juliet” cases.
Failing to Appear in Traffic Court Has Consequences
When an individual is charged with a crime or issued a traffic citation, he or she will most likely have to make a court appearance. It is important that defendants make those appearances to avoid exacerbating the situation with the addition of new penalties. Retaining a competent traffic ticket defense lawyer is a good way to help you keep those scheduled court appearance and steer clear of new charges.
Fine-Only Violations
Failing to appear in court after receiving a traffic citation can result in a hefty fine and possibly impact one’s ability to maintain their driving privileges. If a person ignores a ticket or skips a court date:
- The judge can convict the absent party (ex parte judgment) and assess a fine.
- The conviction subsequently is reported to the Illinois Secretary of State upon which it will be included on the convicted person’s driving record.
Sexual Harassment and Abuse Crimes Receiving Renewed Attention
Victims of sexual assault and sexual harassment have begun stepping forward with allegations of events that occurred both recently and in the past. With this increased awareness comes a renewed scrutiny of how both alleged victims and those accused of sexual crimes are treated under the law.
In Illinois and Across the Country
Last summer, Illinois officials passed legislation removing the statute of limitations on cases of sexual abuse crimes against children. The bill was quickly signed into law. However, renewed attention is being placed on the issue of sex crimes in large part due to the revelations of past actions by entertainment industry professionals, high profile physicians, and even elected officials.
- Illinois established a task force to investigate and examine the issue and alleged incidents of sexual harassment in its own corridors. The panel, however, has until December 2018 to issue a report with recommendations to address and eliminate such behavior by its members.
Construction Zone Driving
Many drivers consider road construction a major inconvenience because it slows traffic and makes getting around much more difficult for them. However, it is important to drive with great care when entering and traveling through construction areas as penalties for speeding and other infractions in work zones are much more severe.
Know the Rules of the Road … That Are under Construction
Illinois added more severe penalties to construction zone traffic violations in response to an increase in accidents that resulted in injuries to and the deaths of construction workers. Drivers should be aware of the following to ensure they understand the all that construction zone driving requires.
- Workers DO NOT need to be present in order to be in violation of work zone traffic laws. In many cases, reduced speed limits are enforced due to the narrowing of lanes or implementation of irregular lane patterns.
Understanding Implied Consent
When police initiate a traffic stop, the motorist may feel compelled to submit to a breathalyzer test or some other form of field sobriety testing due to a little understood law known as implied consent.
Implied consent is often applied during a traffic stop when police suspect a motorist is driving under the influence of alcohol, and is attached to the issuance of a driver’s license in most states.
When Did I Give Consent?
In Illinois, when a person is issued a driver’s license, they automatically agree to submit to sobriety testing if stopped by police when they sign the paperwork to obtain a license. The state enforces implied consent laws because it maintains that driving is a privilege and not a right. In fact, implied consent may even apply if one is not actually driving, but appear in physical control of a vehicle as in:
Can You Refuse to Speak to Police at a DUI Checkpoint?
Law enforcement commonly employs a “traffic safety” checkpoint strategy in an effort to identify drivers who might be in violation of one or more statutes while operating their motor vehicle. Such checkpoints frequently appear during holidays such as Memorial Day, New Years Eve, and 4th of July to find impaired drivers and issue tickets for other traffic violations.
Know Your Rights
Recent incidents have drawn greater attention to the need for police to obtain warrants in order to get a blood or urine sample from a driver who refuses or is unable to submit to standard breathalyzer testing. The No Refusal Checkpoint is a strategy law enforcement uses to obtain search warrants to test the blood alcohol content of drivers they suspect are impaired. During these events, prosecutors and judges make themselves available to expedite the process.
Police Using New Test for Impaired Drivers
With greater availability of legalized medical marijuana and increased abuse of opioids and other illegal substances, law enforcement encounters with impaired drivers have taken on a new dynamic. In an attempt to better identified those driving vehicles while under the influence and make Illinois roadways safer, police are employing a new type of roadside sobriety test.
Swabbing Starts This Month
The tell-tale sign of alcohol on the breath or slurred speech was usually enough for police to reasonably suspect a driver was impaired. However, determining whether or not a driver is high on drugs presents new challenges, ones for which a newly employed roadside test is expected to help overcome. One west suburban Illinois police department is beginning to use a test that reveals the chemicals in a person’s system
Past Sexual Abuse Allegations
Over the years, a number of school teachers and coaches have faced vigorous prosecution for alleged sexual abuse or misconduct with students. Even when the alleged actions occurred several years in the past, victims have raised concerns that impact the lives and careers of those who may have been involved.
New Cases Emerge From Incidents That Occurred in the Past
Both current and former school employees are the targets of prosecution when it comes to allegations of sexual abuse or sexual misconduct. Even when the incident includes claims of a consensual relationship, a situation involving a person of authority over a student results in aggressive investigation by law enforcement. Two cases that came to light in Illinois last year demonstrate how claims of past incidents can result in charges against educators.
Know the Consequences If Charged with Theft
In the event you, a friend, or family member is detained for suspicion of theft, it is important to understand the variables that might impact how law enforcement and prosecution might consider proceeding. Having a basic understanding of theft laws in this state might be of an advantage.
Misdemeanors and Felonies
In general, grand theft is a more serious charge than petty theft—usually applicable when a person is alleged to have stolen money or property of a higher value. In most states, grand theft is a felony and petty theft is a misdemeanor. In Illinois, a defendant can face an array of charges depending on the value of what is taken and the circumstances surrounding the incident. Classifications include:
- Theft of money or possessions worth less than $500 is a Class A misdemeanor. A conviction could result in a year of jail, a fine of up to $2,500 for each charge, and restitution. However, probation is usually ordered.
Are Police Body Cameras Changing the Legal Playing Field?
Images from video cameras are often used to help identify criminal suspects. However, more and more law enforcement agencies are beginning to install cameras, sometimes voluntarily and sometimes due to public pressure, in vehicles and on the bodies of sworn officers. This video footage is often used by criminal defense attorneys to help their clients fight against criminal charges.
Pros and Cons of the Police Body Camera
The common belief is that the presence of video cameras, whether on a law enforcement vehicle dashboard or on the vest of a police officer, would reduce complaints of police misconduct or abuse. Furthermore, it is expected that video recordings of arrests would provide courts with details on the interactions between police and the citizens they encounter. However, different sides continue debating the pros and cons of police using body cameras.
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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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