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Recent Blog Posts
The Financial Costs of a DUI Conviction
The cost of a drunk driving conviction can easily run into the tens of thousands of dollars. The obvious expenses usually include attorneys' fees and fines, but there are numerous other costs that people do not usually consider until they find themselves with empty pockets as a result of their conviction.
Upfront Expenses
Financial obligations often start immediately after being taken into custody. In the majority of cases, law enforcement impounds the accused driver’s vehicle and it is towed to a municipal garage. The accused driver or owner of the vehicle is responsible for any and all towing and storage fees. Then there is the cost of bail or bond in order to be released from police custody.
Fines and Driving-Related Costs
Many imposed penalties often include hefty fines. There is also the cost of mandatory drunk driving education course, which averages approximately $1,500 to $2,000.
Implied Consent and the Fourth Amendment in DUI Cases
In the state of Illinois, just as in most states in this country, when a person gets their driver’s license, there is “implied consent” that the person will submit to testing to gather a sample of their blood, breath, or urine to law enforcement if they have been arrested for suspicion of driving under the influence of alcohol or drugs. If a person refuses to submit to that testing, their licence will be automatically suspended for one year. If it is their second or subsequent refusal, they will automatically have their license suspended for three years. This suspension of driving privileges is separate from the actual driving under the influence (DUI) charge or penalties if they are found guilty. However, a ruling by the Georgia Supreme Court regarding implied consent could have far reaching consequences on every state’s implied consent laws.
Cleared of a Crime But Still Wanted by the Law
When criminal charges are dismissed, all court proceedings are supposed to cease. Unfortunately, this was not the experience for a man in New York. Instead, he was arrested several times on a warrant that, according to court documents, never should have been issued. Even more concerning is that his battle with the justice system is not as uncommon as some might think.
The Tale of One Man’s Battle
According to The New York Times, a Brooklyn man in his early 50s was originally arrested on suspicion of trespassing after dropping a friend’s child off at school. His charges were dismissed on the condition that he not commit any crimes for a year, but for unknown reasons, a warrant for his arrest was still issued by the State Supreme Court in the Bronx.
The man claims to have first learned of the warrant after a phone call from the police. He reportedly went to the court to address the matter and the judge did, in fact, determine that the warrant was erroneous. Unfortunately, his battle was far from over. In fact, he was arrested four separate times for that single, wrongfully issued warrant.
Serious Criminal Justice Reform Needed to Decrease Illinois Recidivism Rates
Approximately 30,000 people are released from Illinois prisons each year; most want to return to society, find a job, and support their families. Unfortunately, the current state of the Illinois justice system leaves them with few options and some very large hurdles. This can increase their risk of recidivism (re-offending) and eventually land them back in prison. Before any of this can improve, serious reform must be made, especially in regard to future opportunities and getting a fresh start.
Time Served Does Not Equal Debt Paid
When it comes to those who are convicted of a crime, time served does not usually equal a debt paid – at least not with the way the justice system is now. They may be banned from renting property in certain areas, denied educational loans, banned from receiving public assistance, and are often barred from working in certain professions. And, even if they are actually able to work in a particular field or at a particular job, they may have a difficult time convincing a potential employer to hire them. In fact, many are filtered out before they ever even receive an interview.
New Bill Would Prohibit Suing Inmates for Incarceration Costs
A newly-introduced bill that recently received the endorsement of an Illinois Senate committee would ban the state from suing former and current inmates for the cost of their incarceration. There are dozens of cases in which inmates have been sued by the Department of Corrections after they have come into money. Even the current Attorney General – whose office is in charge of the litigation – has referred to the practice of seizing prisoners’ assets as raising “moral” questions and needs to be reevaluated. Lawmakers in favor of banning the lawsuits say that going after inmates’ assets defeats the purpose of rehabilitation, making it difficult for them to get back on their feet once they are released.
Tragic Example
In one case, a man was incarcerated for 15 months following conviction on drug charges. During his sentence, he received a settlement for the wrongful death of his mother totalling just under $32,000. The man had planned on using those funds to start a new life when he was released, however, the Corrections Department sued him for the cost of his incarceration and won. When the man was released from prison, he had no money and was forced to live in a homeless shelter. The man died last June and his family reports he was destitute.
Accuracy Concerns Over Blood Test Results in Illinois Police Labs
In 2011, an Illinois man was driving down a street in Lisle when a couple ran in front of his car. The driver was unable to stop in time, and the vehicle hit the woman, who subsequently died from her injuries. The driver was charged with aggravated DUI, but a judge later dismissed those charges based on insufficient evidence and calling into question the accuracy of the state’s forensic crime labs.
Troubling Inconsistencies
According to reports, when law enforcement arrived at the scene, they tested the driver’s blood alcohol content level (BAC), which lab reports later said registered at 0.086. The legal BAC limit in Illinois is 0.08. In the course of the investigation by the defense, it was discovered that there had been an internal audit of the Illinois State Police Laboratories regarding blood alcohol test inaccuracies. The audit reported “75 percent of the whole blood controls analyzed exceeded two standard deviations,” which would produce inaccurate or invalid results.
How a Domestic Violence Charge Could Impact Your Gun Rights
In the state of Illinois, domestic battery (a domestic violence charge) is a serious offense that can have a permanent and damaging effect on your life. You could spend time in jail and face fines, you may be denied employment in certain settings because of your record, and a new law now restricts your ability to own, purchase, carry, or use a firearm. It is important to understand the details of a domestic violence charge, and how this new law may impact your life if you are convicted.
What Constitutes Domestic Battery in Illinois?
To be convicted of domestic battery in the state of Illinois, you must be found guilty of causing bodily harm to a family member or household member, or making physical contact in a provoking or insulting way with a family member or household member. This extends much further than simply the people you are in a relationship with or natural family members. It also includes ex-spouses, stepchildren, people you live with, someone you share a common child with (or alleged common child with), have had a dating or engagement relationship with in the past, caregivers, and even personal assistants.
Man Charged with Two Counts of Homicide in Fatal DUI Crash
Whenever you are caught driving under the influence, charges may be brought against you. Penalties for those charges are dependent upon a number of factors, including any previous convictions, age, blood alcohol level, and whether or not you were transporting a minor at the time. If, however, someone is injured or killed in a DUI-related accident, much heavier penalties could result. Such are the charges currently being faced by a man in the neighboring state of Wisconsin after a fatal DUI crash.
Conviction Carries Up to 162 Years in Prison
According to Fox News, two people were killed and one was injured in the crash last month. The driver of one of the vehicles is being charged with two counts of operating a motor vehicle with a revoked license, causing death; two counts of homicide by intoxicated use of a motor vehicle; one count of operating a motor vehicle while revoked causing great bodily harm; and one count of injury by intoxicated use of a vehicle. If he is convicted, he could be imprisoned for up to 162 years, the maximum penalty for all six charges. If the accident had occurred in Illinois, the man would likely be facing very similar charges with comparable potential penalties.
Medical Marijuana and Child Abuse or Neglect Charges
The Illinois Compassionate Use of Medical Cannabis Pilot Program Act, which went into effect in January 2014, has some of the most stringent rules in the country, including requiring more than just a physician’s recommendation the patient be allowed to purchase medical marijuana. The state requires that there be a “bona fide” relationship between the doctor and patient, meaning that assessment and treatment of the medical condition are ongoing. Patients who apply are required to go through a background check conducted by the Illinois State Police and must be fingerprinted – all at their own expense. There are also a limited number of medical conditions which have been approved for the program. Medical marijuana can be ingested in several forms besides smoking including, candies, cookies, flour, lotions, skin patches, and vape juice.
Are Children Affected by Their Parent’s Criminal Record?
According to international statistics, the United States leads the rest of the world in arrests and incarcerations. In the past 40 years, the number of people in this country who are in jails, state correctional facilities, and federal prisons has increased fivefold. There are currently over two million Americans who are incarcerated. Broken down, this means that out of every 100,000 Americans, 716 of them are behind bars.
Even more alarming is the number of people in this country who have criminal records – one out of every three – ranging from arrests without any conviction, minor offenses, and more serious offenses. This means that approximately 100 million Americans are suffering the consequences often associated with a criminal record. Multiple studies have shown that even a minor offense can lead to multiple barriers when it comes to education, employment, housing, and public assistance, leaving those with records struggling financially, many living below the poverty line.
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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.
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