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Understanding a No Contest Plea in an Illinois DUI Case
When you are arraigned on criminal charges of any type, including driving under the influence (DUI), you are given the opportunity to enter a plea. You may choose to plead not guilty and exercise your constitutionally-guaranteed right to a trial, or, depending on the evidence against you, you wish to avoid a trial, plead guilty, and accept your conviction. There may, however, be a third option available to you, one that is often used in conjunction with plea agreements. Based on the advice of a qualified criminal defense attorney, you may also be able plead no contest.
Nolo Contendere
The plea of no contest is sometimes referred to as nolo contendere, which is a Latin phrase meaning "I will not contest." Entering such a plea, in most cases, is similar to pleading guilty, but with a major notable difference. Pleading guilty indicates that the you acknowledge your role in the alleged crime, essentially admitting that you committed the act of which you are charged. As a result, you will be formally found guilty and a sentence will be imposed by the court. In a plea of no contest, however, there is no implied admission or denial of guilt; instead, you generally accept the penalties that would be associated with a guilty plea without officially being found guilty.
State Considering Sanctions Against Medical Marijuana Producer for Marketing Campaign
After nearly two years of bureaucratic delays and litigation over licensing, Illinois finally seems poised to get its medical marijuana pilot program off the ground. Throughout the summer, approved cultivation centers have been preparing their first legally-produced crops in anticipation of harvesting them and making them available to dispensaries as early as this month. A company planning to get into the cultivation business, however, may be in hot water with the state over an announced public outreach campaign.
Public Marketing
Cresco Labs, while looking to open cultivation centers in Joliet, Kankakee, and Lincoln, recently unveiled marketing plans designed to spread the message regarding medical marijuana in print ads, billboards, radio spots, social media, and health publication notices. The more visual advertisements feature the shape of Illinois prominently with healthy lifestyle images, along with messages like "Welcome to a state of relief." The company logo is also present along with a referral to Cresco’s website for more information.
Illinois BAIID Program Can Get You Back on the Road
Following an arrest or a conviction on charges of driving under the influence (DUI), you will likely face at least some period of suspension or revocation of your driving privileges. Being unable to drive can have a profound impact on your ability to continue working, furthering your education, or providing for your children. The state of Illinois, while continuing to take harsh stance against drunk driving, recognizes that, in some situations, getting you back on the road is necessary and offers several relief programs depending on your particular case. Each of them, however, requires the use of a breath alcohol ignition interlock device (BAIID), designed to prevent the occurrence of a subsequent DUI charge.
What is a BAIID?
A breath alcohol ignition interlock device, or BAIID, is essentially a personal breathalyzer. When required, the BAIID is installed in your vehicle, allowing it to control the car’s electrical systems and the ignition switch in particular. Once installed, the device will prevent your car from being started until you provide a breath sample to be analyzed for alcohol content. If your calculated blood alcohol content (BAC) is above a certain level—usually .025 percent—the vehicle cannot be started. The BAIID is also equipped with a camera to ensure the person giving the sample is also the driver. During operation of the car, the device may also require period re-checks, requiring you to pull over and provide an additional breath sample. All data collected by the device is submitted to the Office of the Secretary of State for review, and violations are subject in increased suspensions and possible expulsion from the program.
Retail Theft: Thieves Try to Beat the System with Booster Bags
Shoplifting and other forms of retail theft cost American retailers more than $40 billion annually, a number that has continued to climb in recent years. This is in spite of the fact that more and more shoplifters and dishonest employers are apprehended every year, topping 190,000 in 2014. So how do the numbers continue to rise? Some retailers point to increase in organized retail crime, in which dedicated teams systematically steal from stores and sell the merchandise for profit on internet outlets. Whatever the cause, loss prevention experts are all too familiar with a particular method for getting items out of the store undetected. They are called "booster bags" and are used by shoplifters all over the world to try to beat in-store security systems.
Anti-Theft Blocking
Many retail establishments rely heavily on a tag-based anti-theft device system. Each item has a tag attached to it or placed inside its packaging which must be removed or deactivated before attempting to leave the store. If the tag is not removed or deactivated, sensors installed by the store’s exits will detect the tag and sound an alarm. Booster bags, however, are designed to prevent the alarm from going off.
A Brief Overview of Credit Card Fraud in Illinois
On almost a daily basis, ad campaigns and law enforcement groups remind the public about the dangers of falling victim to credit card fraud, but what if the tables were turned? Money was running low, and you desperately needed groceries. Using your friend's card may not have been the right thing to do, but in the moment, it felt like the only option.
However, now you are facing charges of fraud, and the money you spent could lead to you spending time behind bars. According to Illinois law, if you are convicted of credit card fraud, you could face fines of up to $10,000, and serve up to 20 years in prison depending on the nature of the offense.
What Constitutes Fraud?
Your Cell Phone Cannot Be Searched Without a Warrant
Several years ago, a California man was pulled over for expired registration tags and, when it was realized the man was driving on a suspended license, his vehicle was impounded. When law enforcement officers conducted an inventory search of the car, they found illegal firearms, and the man was arrested on weapons charges. Incident to the arrest, officers accessed the man’s smartphone and as a result of pictures found on the phone, charged the man with additional crimes, including in connection with a shooting from a few weeks prior. The photos were admitted as evidence during the man’s trial and he was convicted.
SCOTUS Decision
Ultimately, the case, along with a similar one from Massachusetts, found its way to the United States Supreme Court. In a decision sure to have a far-reaching impact on mobile technology and the right to privacy, the high court ruled in favor of the man, agreeing that the evidence against him had been obtained in violation of his Fourth Amendment rights.
Governor Amends Proposed Marijuana DUI Standard
Earlier this month, Illinois Governor Bruce Rauner exercised his amendatory veto power to send a marijuana-related bill back to the House and Senate for approval. The measure, as passed by the legislature, is a multi-pronged approach to easing the state’s criminal prosecution of marijuana offenses including low-level possession. It also, for the first time, offered an alternative to the current zero-tolerance policy in place regarding marijuana and driving under the influence (DUI).
DUI and Trace Laws
Under existing Illinois law, a driver can be charged with DUI if he or she is found to have any amount of marijuana in his or her system, regardless of apparent impairment. Traces of marijuana, however, can remain in the body for days or weeks after it is ingested and long after the effects have worn off. Thus, drivers who are not currently impaired or under the influence of the drug may still face charges for DUI.
Driving Too Fast Can Mean More than a Ticket
Consider a very plausible situation: you are driving back from a long road trip and you are very anxious to get home. Traffic has been rather congested for much of the trip, so your car’s cruise control has not been of much use. Finally, the road opens up in front of you and you accelerate without paying too much attention to the speedometer. Without warning, the flashing strobes of a police cruiser are behind you indicating that you need to pull over. The officer approaches your window and informs you that were traveling at 85 mph in a 55 mph zone. Just that quickly, your life could change, as such a violation may result in criminal prosecution for aggravated speeding.
Very few drivers consider speeding to be that big of a deal. Of course, you probably realize that a speeding ticket can lead to fines, points on your driver’s license, and possibly an increase in your insurance premiums. Beyond that, though, it can certainly feel like more of a nuisance than anything else.
What is Theft by Deception?
There are many ways to obtain money or property to which you are not entitled. Many of these, under Illinois, are considered crimes of theft. You may be familiar with some of the common types of theft, including shoplifting and stealing, but there is another category of such offenses that more closely resembles what many would consider fraud. This type of theft is known as theft by deception, and such charges can carry serious criminal penalties and consequences.
As opposed to simply stealing money or property, as in retail theft, or forcibly taking it from another, as in a robbery, theft by deception is generally accomplished by misleading the victim in some way. Most commonly, the victim willingly gives money or property to the perpetrator under the belief that the payment is required or will result in a beneficial business arrangement.
New Law Would Reduce Juveniles Tried as Adults
The Illinois state legislature has sent a bill to Governor Bruce Rauner that would give juvenile court judges more control over the transfer of juvenile defendants to the regular court system. If the governor approves the new law, it is expected to reduce the number of juveniles tried as adults by half or more, according to estimates. By doing so, proponents hope, rehabilitative and intervention programs available to juveniles can increasingly break the cycle of crime, keeping more young people entering into a lifetime of criminal trouble.
As the setting for the nation’s first juvenile court in 1899, Illinois—specifically Cook County—has remained at the forefront in the fight against juvenile crime. Over time, however, stricter laws have led to increased prosecution and penalties against younger and younger defendants. Currently, children as young as 13 years old may be tried as adults in Illinois, depending on the nature of their alleged crimes. Despite the developmental differences between children and adults, the prosecution of juveniles as adults is often automatic. A child defendant may never even appear in juvenile court before being pushed into the adult system.
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