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Recent Blog Posts
Unusual Traffic Violation: Woman Stopped for a Tree in Her Grille
It is virtually impossible for most people to imagine what an average day in the life of a law enforcement officer is really like. There is, of course, an increased level of danger compared to many other occupations, since even the most routine traffic stops can quickly turn violent or even deadly. Sometimes, however, a traffic stop is almost too outrageous to really comprehend. Such was the case earlier this year when police in Roselle pulled over a woman who was driving with a tree stuck in the front of her car.
"It Was a Big Tree"
In late January, a woman was pulled over by Roselle police on Roselle Road near Irving Park Road. According to the report filed by the police department, the woman was "stopped for driving with a large tree embedded in the front grille." The responding officers took photos of the situation which were later posted to the Roselle Police Department’s Facebook page just a few days ago. The photos show what appears to be about a 15-foot tree rising vertically from the hood of the woman’s 2004 Lincoln.
Registered Illinois Medical Marijuana Users Nearing 5,000
Despite taking nearly two years to get underway, the medical marijuana test program is off and running around Illinois. State officials are reporting that February was the program’s best month to date, with sales numbers approaching $1.5 last month. This brings total sales revenue to more than $4.4 million since the statewide program launched on November 9, 2015.
Increased Availability
When sales of medical marijuana first began in November, it started on a very small scale, with only a handful of registered dispensaries open for business. Today, the number of licensed retail outlets in the state has more than quadrupled, with 29 dispensaries now open, including two that just opened their doors in February. Most notably, one of the largest facilities in the state began operation in Springfield last month, making medical marijuana legally available in the state capital for the first time.
What Is a Hate Crime in Illinois?
"Hate crime" is a phrase often used in the media and in casual conversation about certain types of criminal acts. Under state and federal law, "hate crime" has a specific meaning. Hate crimes are unique in that punishment for the crimes are enhanced specifically because of the criminal’s motives for committing the crime. How Illinois Defines "Hate Crime"
You commit a hate crime in Illinois if you commit a one of the specifically listed offenses because of "an actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of a person or group". This means that you can commit a hate crime against a person even if you are mistaken about someone’s characteristics. It also means that not just any crime can be a hate crime. The crime must be one of the crimes listed in the law. For example, rape and murder are not listed as possible hate crimes in the Illinois statute.
Your Rights Before and After Your Arrest
It is a felony in Illinois to lie to a law enforcement officer as he or she is acting in an official capacity. But, what happens when the police lie to you? Tricks, misdirection, and deceit are often used by law enforcement in the course of criminal investigations.
Your Rights Before You Are Arrested
Unreasonable searches and seizures are violations of the rights guaranteed to you by the Fourth Amendment to the U.S. Constitution. The Constitution also affords you protection from being forced to incriminate yourself. Finally, in order to be arrested without violating your rights, the police must have probable cause to believe you have committed a crime. However, the police, in most instances, are under no obligation to be honest with you about their intentions or what they know.
You generally have the right to avoid a conversation with anyone to whom you do not wish to speak. If the police want to question you, you should provide them with your identification if they ask, but you are not required to answer their questions. You can ask if you are free to go. If you are free to go, you should leave. If you are not free to go, you should consider yourself as being detained or under arrest and request an attorney. Your Rights After You Are Arrested
Report Shows 13 False Convictions Overturned in Illinois Last Year
According to the National Registry of Exonerations, a University of Michigan Law School project, 2015 was a banner year for the exoneration of falsely convicted individuals. Throughout the country, 149 people were exonerated of crimes they did not commit—a new record high—up from the previous high of 139 in 2014. Here in Illinois, 13 individuals had their convictions overturned in 2015, compared to 8 during the previous year.
Alarming Rates of False Convictions
Since 1989, more than 1740 falsely convicted men and women have been exonerated by the emergence of new evidence of their innocence. This number includes over 240 exonerations in Texas and 208 in the state of New York. Illinois is third on the list, with 160 convictions overturned in the last quarter century. While the exoneration of a falsely convicted individual can be seen as a personal victory and validation, the need for doing so points to a much larger problem. A conviction would not need to be overturned if the defendant was not falsely convicted from the beginning.
Facing Charges of Child Abuse or Child Neglect
Sometimes all it takes for a child abuse investigation to get underway is a phone call from a neighbor. Once an investigation has begun, it is easy for parents to agree to anything that will allow them to try and keep their child in the home. Unfortunately, it is often that instinct that allows parents to have their rights violated.
Two Different Investigations
In the state of Illinois, it is often the Department of Child and Family Services (DCFS) that first gets a report of child abuse or child neglect. Depending on the nature of the allegations or suspicions, DCFS may notify local law enforcement of the reported concerns. In such a situation, the police and DCFS may each be conducting their own separate investigation and sharing relevant information about your case.
While a DCFS investigation is technically a family court issue related to a civil matter, their investigation can still have serious criminal consequences. Anything you say to a welfare worker or agency representative may ultimately be used on your behalf or against you in a criminal trial.
The Role of Extradition
If you have an arrest warrant from another state or country and you are arrested in Illinois, you have the right to an extradition hearing before being sent off to face the charges in another location. For many people, extradition may seem like a technical formality. However, extradition is an important right.
What is Extradition?
Extradition is when the executive of a jurisdiction, usually the governor, demands a suspect or defendant to be returned to an originating jurisdiction to face justice. The person in question may have fled justice by violating bond or probation. Alternatively, they may have been charged with or wanted in connection with a felony or other serious crime. However, the state making the demand must comply with several legal requirements before Illinois has to honor the request.
The Extradition Process
Missouri Breathalyzer Ruling Could Invalidate DUI Convictions
While the laws and court rulings in a neighboring state may not have a direct impact on Illinois residents, they can certainly highlight potential issues that could arise right here at home. Such may be the case with a recent decision by the Missouri Supreme Court as it reviewed a dispute regarding a one-word difference in the state’s regulations regarding the calibration of breathalyzer machines. The Court’s ruling this week found that breath test results collected over a 14-month period could not be used as evidence at trial, potentially providing thousands of convicted DUI offenders the basis for an appeal.
"And" vs. "Or"
At the core of the case was the Missouri law’s wording of the requirements for calibrating machines designed to calculate a person’s blood alcohol content (BAC) by using breath samples, commonly referred to as breathalyzers. Calibration of the machines is overseen by the Missouri Department of Health and Senior Services, and in December of 2012, the department amended the instructions for doing so. According to court documents, the new regulations required every machine to be verified and calibrated at BAC concentrations of .04, .08, and .10. Prior to the change—and again after the issue was noticed in February of 2014—the wording of the regulation required calibration at .04, .08, or .10. Any machine, therefore, that was not calibrated and verified with three separate tests during the 14-month window was technically not in accordance with state’s requirements, the Supreme Court ruled.
Understanding Criminal Trespass in Illinois
There are two different types of trespass under Illinois law. Civil trespass can get you sued in court. Criminal trespass can land you in jail and leave you with a criminal record. What is the difference?
Criminal Trespass Defined
Civil trespass often involves landlord-tenant situations. If a renter stops paying rent, the police will not arrest them unless the landlord has gone through the eviction process and other formalities are met. In most cases, municipal police will not even get involved.
Criminal trespass occurs when you enter a building illegally, enter private property after being warned to stay away, or staying on private property after being asked to leave.
Examples of criminal trespass include:
- Entering a vacant house without the permission of the owner
- Cutting across someone’s property even though there are "no trespassing" signs posted
Differences Between a Jury Trial and a Bench Trial
If you are charged with a crime in Illinois and you do not accept a plea deal, your case will most likely go to trial. There are two types of trials, jury trials and bench trials. While the general rules of criminal procedure apply to both kinds of trials, there are some important differences.
Right to a Jury Trial
Under the U.S. Constitution and the Illinois Constitution, you have a right to a jury trial. Often the phrase is a right to a trial by a "jury of your peers". This means that the men and women of your jury come from the same community in which you were charged with a crime.
You do have the option to waive your right to a jury trial. When you accept a plea deal, one of the rights you waive is to a jury trial. You can also waive your right to a jury trial and instead have a bench trial. This means that the judge will hear the case and will make the decision about whether you are guilty or not guilty of the crimes for which you have been charged.
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