CALL FOR A FREE CONSULTATION
47 DuPage Court, Elgin, IL 60120
Recent Blog Posts
Facing Criminal Charges for Assault?
One of the most confusing aspects of the law is the way in which certain words are used. In many instances, the legal definition of a word may be very different from its everyday, colloquial meaning. The primary reason for this phenomenon is that, under the law, words must be defined very carefully and in such a way that they can be understood throughout a given jurisdiction. Failure to do so can cause significant confusion for law enforcement, judges, attorneys, juries, and defendants. A common example of a word used differently in casual conversation and legal terminology is the word "assault." The meaning of assault according to the Illinois Criminal Code is not exactly what you might expect.
What Is Assault?
When you talk about an assault in a normal conversation, you are most likely referring to a situation in which one party—an individual, military squad, or other group—attacked and inflicted violence on another party. "I saw the man assault that girl." "The SWAT team conducted a nighttime assault on the suspect’s compound." In most cases, its definition is pretty clear.
Marijuana Decriminalization Goes Back to Governor
For the second time in two years, Illinois Governor Bruce Rauner will have to decide whether or not to approve legislation that would make low-level possession of marijuana a civil offense rather than a crime. Last summer, the Republican governor used his amendatory veto authority to rewrite the proposed decriminalization measure, reducing the amount of marijuana to be considered low-level and increasing the punitive fines. Last year’s bill eventually stalled before making it back to the governor’s desk, but this year’s version also includes the changes Rauner made a year ago.
Current Legal Guidelines
Under existing Illinois law, if you possess or use marijuana, you are subject to criminal prosecution unless you have been formally approved for participation in the state’s medical cannabis pilot program. While many people may not think of marijuana possession as a serious crime, possession of up to 2.5 grams is a Class C misdemeanor, and up to 10 grams constitutes a Class B misdemeanor. Anything more than 10 grams is a may be prosecuted as a felony depending upon your conviction history, and potential penalties are increased if you are found to have intent to deliver.
Understanding the Link Between Criminal Law and Civil Forfeiture
Most people understand that in the United States you cannot be sentenced for a crime until you have either entered a guilty plea or been convicted after a trial. However, in the case of civil forfeiture, you can be punished, even if you are not convicted or formally charged.
Losing Your Assets Before Your First Court Date
Civil forfeiture laws allow law enforcement to seize property suspected to have been used in the commission of a crime. It is called civil forfeiture because the process is independent of the criminal justice system. While under criminal law, a prosecutor must demonstrate guilt beyond a reasonable doubt, all law enforcement has to do to keep property it has seized is to show that the property was used in the commission of a crime by a preponderance of the evidence.
A preponderance of the evidence is a much lower standard of proof than "beyond reasonable doubt." In effect, this means that you can actually be found not guilty of a crime, but still lose your assets to civil forfeiture.
Supreme Court to Rule on Criminal Penalties for Refusing a Warrantless BAC Test
As we have previously discussed on this blog, refusing to comply with a law enforcement’s officers request for a blood-alcohol content (BAC) test subsequent to a DUI arrest will result in administrative penalties for the arrested driver. Illinois law makes it very clear that these consequences are not criminal charges but are administrative in nature and affect only state-issued driving privileges. In 13 other states, however, including neighboring Indiana, a refusal to submit to BAC chemical test is a crime and may be prosecuted. While the laws may be well-intentioned—reducing drunk driving is a good thing—they are being challenged in a matter now before the United States Supreme Court. Specifically, the Court must decide if refusing a warrantless chemical test should be punishable with criminal consequences.
Search and Seizure Laws
Commission Finds Troubling Data on Juvenile Arrest Expungements
Research requested by Illinois lawmakers has produced very concerning information regarding the way in which the state handles juvenile criminal records and expungements. The report went so far as to suggest that the laws regarding such matters in the state are "among the worst in the nation." Current regulations and bureaucratic red tape, the authors of the report indicate, tend to trap young offenders in a vicious cycle, often struggling with issues such as education, employment, and housing.
Illinois Juvenile Justice Commission
In a 2014 joint resolution, the Illinois General Assembly called for a review of the state’s juvenile justice system and the process of expungement by the Illinois Juvenile Justice Commission. The Commission exists primarily to provide independent research and recommendations to the governor and state lawmakers on matters related to juvenile crime, punishment, and rehabilitation. At the request of the legislature, the Commission reviewed records related to more than 1.8 million juvenile arrests between 2004 and 2014 in Illinois.
Attorney General, State’s Attorney Promise Focus on Reducing Rape Kit Backlog
In the saccharine world of television procedural dramas, forensic investigations into criminal activities take a matter of days if not mere hours to pinpoint a suspected perpetrator. While everyone knows that an episode of CSI: Crime Scene Investigation is hardly a depiction of reality, many are often surprised to find out that the processing of forensic evidence, including rape kits and other samples related to sex crimes, often take weeks and months to be processed in a police crime lab. Around Illinois, and in the Chicago area especially, police labs are overwhelmed by a backlog of work that is creating serious problems for prosecutors and sex crime victims.
Thousands of Untested Rape Kits
According to the director of the Illinois State Police crime laboratory, the lab is severely understaffed and currently faces a backlog of biological evidence involving almost 2,200 sexual assault cases. Authorities in Chicago report that, on average, DNA test results from a rape kit take about a full year to come back from the lab. In the meantime, victims are left trying to put their lives back together without being able to move forward in the case against the perpetrator. Police and prosecutors are equally frustrated, as the results of rape kit testing often provide much-needed direction for their investigations.
Does New Bill That Would Make Uploading a Video of a Fight a Crime Go Too Far?
All over the nation, videos of teens and young adults fighting have been uploaded to various websites. There has been growing concern that this practice encourages violent behavior and acts of violence. Recently, one Illinois lawmaker proposed a bill to make the practice illegal.
What the Proposed Bill Would Do
While the proposed bill itself is only a paragraph long, it has several different components. The measure would categorize several different types of behavior under the Class A misdemeanor of disorderly conduct.
In order to qualify as a crime of disorderly conduct, the person would first have to knowingly upload a video to a social media website or a social networking website containing footage of:
- A crime being committed;
- A gang-related fight;
- A battery committed with the intent to cause a person to become unconscious; or
Lawmakers Give Marijuana Decriminalization Another Chance
As more states around the country are beginning to reconsider the criminal prosecution of low-level marijuana possession, the debate continues here in Illinois as well. Despite last year’s bipartisan efforts to decriminalize the possession of small amounts of the drug, the measure stalled when Governor Bruce Rauner took issue with limits that he found too permissive and fines that he thought were too lenient. The topic is now back under consideration by the state Senate as part of an omnibus bill which may see a vote as early as next month.
Lower Possession Threshold, Higher Fines
Compared to last year’s legislation, this year’s version is a little stricter. The bill proposes to make possession of up to 10 grams of marijuana—down from 15 grams—a civil offense, on par with a traffic violation. Last year, Governor Rauner thought the proposed fines of $55 to $125 to be too low, so the current measure would allow the financial penalties to range from $100 to $200, dependent upon the circumstances of the offense. The governor’s office has expressed its general approval regarding lawmakers’ cooperation with Rauner’s requests, and "will continue monitoring the legislation."
Think Twice Before Refusing a BAC Test
When you drive on Illinois roads and highways, you assume certain responsibilities for following the rules of the road and protecting the safety of those around you. As you know, law enforcement officials are regularly on the lookout for those who may be driving under the influence of alcohol or drugs. If you have been pulled over by police for any reason, and the officer has reason to believe you may be impaired, he or she will probably ask you to submit to a chemical test that measures your blood-alcohol content (BAC). While refusing a BAC test is, technically, an option, noncompliance with the officer’s request can have serious consequences to your life.
Administrative Penalties
You may have read or have been told that refusing a BAC test is your right. In some ways, this is true; you cannot be criminally prosecuted for such a refusal. However, you can and will be subject to administrative penalties issued by the Illinois Secretary of State’s Office, the government entity responsible for overseeing drivers’ licenses and driving privileges in the state. Refusing a BAC test will result in the suspension of your driving privileges for one year. If you have refused before, a second or subsequent refusal carries a three-year suspension. The administrative penalties for refusing a BAC test are actually more severe than those for failing such a test.
Plainfield Woman Charged Under Illinois Revenge Porn Statute
With the rise of digital technology and the ubiquitous photo capabilities of today’s cell phones, it is hardly surprising that people are exchanging intimate images of themselves with unprecedented frequency. According to various surveys and studies, as many as half or more of American adults have sent or received sexual content, with at least one report putting the number closer to 90 percent. While such behavior between consenting adults—relationship concerns aside—is completely legal, the situation changes drastically when explicit photos or videos of a person are being sent or posted without the subject’s consent. Non-consensual dissemination of private sexual images violates Illinois’ so-called revenge porn law, of which Plainfield woman has become acutely aware this week.
Former Longtime Friends
The Chicago Tribune and other news outlets are reporting that a 38-year-old woman has been charged with non-consensual dissemination of private sexual images for posting topless pictures of her former friend on social media sites. Reports indicate the victim, a 34-year-woman from Riverside, told police that sexually explicit photos of her were posted without her permission on Facebook and Snapchat, and that the perpetrator had left her messages saying there were many other images of her "out in the public."
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
