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Recent Blog Posts
New Law Limits Felons Collecting Public Pensions
Toward the end of his tenure as governor, former Governor Pat Quinn signed into law a new measure designed to limit the rights of felons to collect on pension plans. The law gives the Attorney General the authority to bring a lawsuit in order to prevent public pensions from paying out to people convicted of felonies in certain circumstances. The change in the law arose after the Illinois Supreme Court handed down a decision holding that the Attorney General's office lacked that authority, despite the fact that the Illinois Pension Code already included provisions related to felons collecting public pensions.
Understanding the Criminal Appeals Process
The criminal justice system is about seeking the truth, and in many ways its procedures are designed to give the defendant a fair trial. Unfortunately, mistakes do happen. Judges can make the wrong call about allowing a piece of evidence in, or they can misunderstand the legal standard for making a decision. When those problems arise and end up changing the outcome of a case, criminal defendants have an opportunity to set things right. They may choose to file a criminal appeal. Appeals are legal proceedings in front of a panel of new judges who have the authority to correct errors of law or fact that the lower court judge may have made.
The Criminal Appeals Process
Criminal appeals are a continuation of a person’s legal proceedings after a trial ends. People do not need to use their appeal, but each defendant has the right to one, provided that they follow the correct procedural rules, such as filing within 30 days of their sentencing. The entire proceeding focuses specifically on a potential error that the trial court judge may have made during the lower court proceedings. Defendants may choose to put forth multiple errors that the lower court judge made for correction, but there are time limits that usually prevent judges from considering more than two to three errors at most.
Criminal Trespass vs. Civil Trespass
It is against the law to remain on another person’s property once you have been given notice that you are not welcome to stay there. However, the way in which the law may be enforced depends upon the nature of the situation. Although technically a violation of the law, in some cases, trespassing is not handled as a criminal matter, and is instead must be dealt with as a civil case.
Criminal Trespassing
Under Illinois, criminal trespassing is a generally prosecuted as a Class B misdemeanor, with penalties ranging up to six months in prison and $500 in fines. Criminal trespass to a residence of another may be considered a Class 4 felony. By definition, criminal trespass is committed when a person:
- Enters or remains in or on a building or home unlawfully;
Released on Your Own Recognizance
When you have been arrested and charged with a crime, regardless of the severity of the charge, you have the right to a fair trial. The criminal justice system in many jurisdictions, however, is often backlogged and your trial may be scheduled several months in the future. Depending on the nature of the alleged offense, as well as your history and reputation, the court has several options to ensure that you are present for your trial when required. In cases involving traffic offenses and minor misdemeanor charges, the court may elect to release you on your own recognizance.
What Does Own Recognizance Mean?
Being released on your own recognizance is, in short, the best-case scenario if you have been charged with a crime. First and foremost, it means you are not required to remain in custody until your trial. It also means that you are not required to offer any form of financial security, such as bail, to guarantee your appearance in court. Instead, you promise in writing to appear whenever required and you are free to go about your life. Depending on the case, you may be subject to certain stipulations and failure to comply could result in your arrest.
The Burden Of Proof
In civil cases, plaintiffs are required to establish their cases by a "preponderance of the evidence," or something slightly greater than 50-50. Picture the scales of justice tipping ever so slightly in one direction or the other. But in a criminal case, the burden of proof is much higher. A defendant's guilt must be proven "beyond a reasonable doubt." In other words, even though there may be some evidence of a defendant’s guilt, that evidence is often insufficient for a jury to return a guilty verdict in many cases.
What it Means
There is no precise definition for "reasonable doubt." In fact, in The Land of Lincoln, it is illegal for the court to define the term for jurors. This concept, however, became a bit controversial in a recent case heard by an Illinois appellate court. During the original trial, the presiding judge said ,"It is for the jury to collectively determine what reasonable doubt is." Such an utterance seems innocuous, and perhaps even nonsensical. But, it may, and in this case did lead an appellate court to overturn the verdict, because such a phrase causes jurors to think they must define the term objectively.
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.
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.
Embezzlement, Murder-for-Hire Allegations Come to Light after Officer’s Death Ruled a Suicide
The death of a veteran police officer in the Lake County, Illinois, village of Fox Lake sparked a massive manhunt in early September. Police departments from around northern Illinois, the Illinois State Police, local and federal SWAT teams, and at least half a dozen air support units were all tasked with finding the three men thought to be responsible for gunning down the police lieutenant. The search eventually turned up empty, and police officials now know why. In a press conference this week, Lake County Major Crimes Task Force Commander George Filenko announced that an extensive investigation has produced overwhelming evidence that the officer’s death was a "carefully staged suicide," designed to look like he had been killed in the line of duty. It seems as if allegations of embezzlement and conspiracy to commit murder may have led the officer to believe he had run out of options.
Training Police as Guardians, Not Warriors
Every few weeks, it seems, a new report or viral video of police-related violence against a criminal suspect takes over the public consciousness. It could be a shooting, allegations of excessive force, or even a death that creates major controversy in the headlines regarding the role of law enforcement and the factors that contribute to dangerous situations. In response to major concerns, an alternative method for training police officers is beginning to gain traction again, focusing on law enforcement’s role as protective guardians, rather than as conquering warriors.
Controlling Conflict
The effort has been underway in the Pacific Northwest for the last three years, as police recruits undergo such training at the Washington State Criminal Justice Training Commission. The Commission provides a different atmosphere than one might expect: no boot camp environment and no exercises focused on using weapons or violence to force a suspect to submit. Sue Rahr, executive director of the program, pointed out, "In most situations, it’s better if officers know how to de-escalate, calm things down, slow down the action."
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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