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What Causes a Mistrial in an Illinois Criminal Case?
When a person is charged with a crime, there are certain legal steps in the Illinois criminal justice system they must go through. One of those steps is a trial. The trial will determine whether the person is guilty of the charges they are accused of committing.
Most trials are jury trials. This is our right under the Sixth Amendment, which says that an accused has a right to an impartial jury. Typically, the jury is made up of 12 members. In order for there to be a verdict, the jury must vote unanimously either way, guilty or not guilty. It is not a majority vote.
In some cases, there is no conclusion to the trial, and the judge will declare a mistrial. The following are some of the common reasons why this might happen.
What Is a Mistrial?
According to the American Bar Association, a mistrial is a trial that is not successfully concluded. Due to certain circumstances, the trial is stopped, and the judge declares the proceedings void. The declaration of a mistrial must occur before a verdict is reached in the case, whether that verdict is via a jury or a judge. Once a verdict has been reached, there can be no declaration of a mistrial.
DUI Arrests and Halloween
Halloween is just a few weeks away. The COVID-19 pandemic put a damper on many events last year, but this year many people will be gathering at costume parties and masquerade balls to celebrate with tricks and treats. One trick that revelers may find themselves facing, however, is being stopped or arrested for DUI. What can you do to avoid this “scary” situation and what steps should you take if you are stopped?
Halloween and Alcohol
Many adult Halloween events involve alcohol. Unfortunately, many people do drive after they have been drinking. It is estimated that almost 45 percent of all fatal crashes that happen during the Halloween weekend involve a driver with an over-the-legal-limit blood alcohol concentration (BAC).
Anyone who is planning on attending an event where alcohol is being served should take the following steps to avoid a potential DUI arrest:
Secretary Of State Reminds Motorists To Replace Defective Plates
The Illinois Secretary of State Jesse White issued an announcement this week reminding drivers in the Land of Lincoln that you can replace your damaged license plates for no cost.
White explained his office launched the defective plate replacement program to ensure older license plates with greatly diminished reflectivity are replaced. “When license plates are unreadable, It poses a safety concern for the vehicle owner, other drivers, and law enforcement,” he said.
With nearly 9 million registered passenger vehicles in Illinois, replacement plates will be offered to registrants with older plates first. This year, the Secretary of State is replacing license plates manufactured in 2008 and 2009. Additionally, drivers can report lost or damaged tags by phone or online.
The replacement plate program, which costs taxpayers nothing, started in 2017 and is expected to take until 2027 to complete. Once it is completed, however, the government plans to renew the program every 10 years in order to keep passenger vehicles up-to-date.
Driver’s Can Face Community Service For Scott’s Law Violations
Illinois Gov. JB Pritzker signed legislation last month expanding Scott’s Law, a traffic law that requires drivers to move over and slow down when approaching an emergency vehicle stopped on the road. The governor said the three bills he approved will provide first-responders with “the protection and resources they need to make their work safer.”
Scott’s Law
Illinois lawmakers wrote Scott’s Law, also known as the “move over” law, in 2001 after Chicago firefighter Scott Gillen was hit by a car while responding to an accident and later died of his injuries. The driver failed to slow down or drive cautiously around the crash site despite efforts by first-responders to protect the scene.
Scott’s Law allows authorities to prosecute drivers who fail to drive with care around emergency vehicles when emergency lights are on. Penalties vary if you are convicted of violating Scott’s Law, but they increase if you damage property, injure or kill someone, or are found to be impaired. You could be fined up to $10,000 and lose your driving privileges for up to two years.
Illinois Expands Domestic Violence Survivors Rights
Illinois Gov. J.B. Pritzker signed a package of bills into law last month that expanded the rights of domestic violence survivors. Lawmakers say the measures were designed to strengthen domestic violence laws in the state as well as improve financial and emotional support for survivors. The governor said the package makes Illinois “safer and more compassionate” as it “unlocks opportunity” for survivors.
Seven Bills Addressing Domestic Violence in Illinois
The first bill, House Bill 3582, expands the Illinois Victims’ Economic Security and Safety Act, or VESSA. The law was originally designed to provide financial help and safety for violent crime victims. Under the revised VESSA, employers are prohibited from discriminating against domestic violence victims and victims may take up to 12 weeks of unpaid time off from work. The legislation also redefines who qualifies as a “household or family member.” HB 3582 is scheduled to take effect on January 1, 2022.
What You Should Know if You Are Charged With Sexual Assault in Illinois
Sexual assault allegations can have a detrimental impact on personal and professional relationships, even when they are false. Individuals who face this type of accusation should act quickly to protect their rights and their future. If you or a loved one are facing accusations of sexual assault or other sex crimes, it is important that you work with a criminal defense attorney who can dispute the charges and possibly get them reduced or dismissed.
What Constitutes a Sexual Assault Charge?
Sexual assault occurs when one individual commits a penetrative sexual act against another person without that person’s consent or capacity to provide consent. This type of assault includes at least one of the following elements:
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Force is used or threatened
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Awareness that the victim lacks the ability to give consent
Understanding Illinois Property Crimes
When an individual steals or damages another person’s property, they have committed a property crime. Property crime is a large umbrella encompassing offenses such as theft, arson, burglary, and vandalism. Property crimes can be very serious, especially when violence is involved. If you are facing property crime charges, it may be in your best interest to work with a criminal defense attorney who is familiar with these cases and will be well equipped to handle the impending criminal charges.
Types of Property Crime
Property crimes include offenses that involve interference with another party’s property. Many property crimes are accompanied by violent crimes. For a charge of this type to arise, it is not always necessary that belongings are stolen or damaged, it may only depend on the perceived intentions of the accused. Comprised of both higher and lower-level offenses, property crimes include a wide range of offenses. Some of the crimes that would fall into this category include:
How Can You Expunge Your Juvenile Records in Illinois?
Juvenile arrest and court records are automatically sealed and cannot be viewed by the general public. Employers can still access juvenile records. If a juvenile record is expunged, the record is erased. There are endless reasons why an individual may want to expunge their juvenile records. For many, having a juvenile record makes getting a job or being accepted to college very difficult. Because of the stigma associated with juvenile records, it may be in your best interest to work with a criminal defense attorney who can help you petition for expungement.
What Records are Eligible for Expungement?
Petitioners attempting to expunge their juvenile records are responsible for proving eligibility. Petitioners must be at least 18 years old. Typically, violent and other serious crimes cannot be expunged.
Some of the eligible records include arrests for which no charges were brought; charges were brought but the defendant was not found guilty, or the defendant successfully completed supervision. Records may also be eligible if they include rulings for offenses that, had they been committed by an adult, would have been considered Class B or C misdemeanors, business offenses, or petty offenses.
Criminal Traffic Offenses: Misdemeanor or Felony?
The distinctions between misdemeanors and felonies in regard to traffic crimes can be very vague and confusing. While misdemeanors are generally much less serious crimes than felonies, several variables play a role in determining the severity of the crime and the appropriate punishments. Traffic citations are very common, but drivers should keep in mind that one error can lead to very harsh consequences. Drivers who are facing charges for a traffic crime, whether it is a misdemeanor or felony, should understand what penalties they could face and what rights they should be taking advantage of.
Classifying a Traffic Offense
There is an additional classification of traffic violations that are categorized as infractions or petty offenses. The majority of traffic violations result in an infraction and will not escalate to a misdemeanor unless other humans or property were harmed due to the violation. Although felonies arising from traffic violations are rare, if the defendant is a repeat offender or the violation directly caused fatalities, they will likely face a felony conviction.
What is an Illegal Search and Seizure?
Search warrants allow police officers to safely search your person and property in order to gather criminal evidence. At the same time, the Fourth Amendment of the U.S. Constitution protects the American people from unreasonable searches. When police searches are done without reasonable cause, any discovered evidence discovered may be thrown out at trial. Defendants facing criminal charges after an officer found criminal evidence in a search should be aware of what constitutes a legal search and what steps to take if their search and seizure were illegal.
What Circumstances Allow for a Search and Seizure?
If the officer has reasonable suspicion that you have committed a crime, they are permitted to search you for drugs, weapons, or other criminal evidence. A lawful search is meant to protect the officer, limit your ability to escape, and allow the officer to find evidence of a crime. The searches must always be done within reason.
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