CALL FOR A FREE CONSULTATION
47 DuPage Court, Elgin, IL 60120
Recent Blog Posts
Chicago Woman Sentenced to Probation for Hate Crime
In early January of this year, the nation was horrified at a shocking display of racism and violence. An 18-year-old disabled man was brutally attacked by four young individuals who filmed and broadcasted themselves physically and emotionally torturing him.
In a Facebook Live video stream, the victim can be seen bound and gagged. The aggressors tease, taunt, and humiliate the teen. They beat, stabbed, punched, and kicked the victim, as well as cut off part of his scalp with a knife. The video of the torture lasts about 30 minutes but the victim was bound for several hours. During the video of the attack, the four suspects, who are black, can be heard making expletive-laced comments about "white people" and President Donald Trump. One of the four individuals involved in the attack contacted the victim&s mother and demanded a $300 ransom for the victim&s return.
Former UCLA Basketball Player Speaks About Shoplifting Charges
The National Association for Shoplifting Prevention estimates that more than $13 billion worth of goods are stolen from retailers each year. Even more shocking, approximately one in 11 people will shoplift at some point in their lives. Many of the people who shoplift never get caught, but those who do face serious legal consequences.
There are a numerous reasons that a people choose to steal an item from a store. Some may be in serious financial trouble and unable to afford the item or they may simply not wish to pay for it. Others may be influenced by peer pressure or steal in order to impress those with them. Many people shoplift because they believe that it is a victimless crime. Whatever the reason, shoplifting is illegal and doing it can be devastating to a person’s future.
An Eventful Overseas Trip
A college basketball player who had dreams of one day playing for the NBA is facing a much different future after making a mistake many college-aged people make. The young man was visiting China with fellow teammates when the group decided to visit a Louis Vuitton store. The man claimed that his teammates began taking items from the store without the intent to pay for them. He explained that he then started taking items as well because he saw his teammates do it. "We all went out one night, went to the malls…people started taking stuff, and then, you know, me just not thinking and being with them, I took something too," he said.
Can the Police Search My Car During a Traffic Stop?
Many drivers have had the sickening feeling of seeing flashing lights in their rearview mirror and knowing that they were being pulled over. There is much confusion surrounding what police officers are and are not allowed to do. This confusion has not been lessened by the recent events regarding the shooting of unarmed citizens by police officers and the following media frenzy. The right to be free from unreasonable governmental searches is guaranteed by the Constitution’s Fourth Amendment, and it is important for you to understand your rights as a driver.
Probable Cause
The short answer to the question "Can the police search my car during a traffic stop?" is that it depends. Generally, a police officer needs a warrant in order to search someone’s property, but cars are different. A police officer cannot legally search someone’s car as a normal part of a traffic stop for a minor infraction such as speeding or a broken taillight. However, an officer can search a car if he or she has probable cause to do so.
Illinois Law Offers Second Chances Through Expungement
If you have ever been arrested on the suspicion of a crime, your arrest becomes part of your permanent criminal record, even if you never convicted. Potential employers, financial institutions, and even educational admissions officers could conduct background checks when you apply for a job, loan, or school program. Even just a single arrest in your history could lead to uncomfortable conversations and embarrassing questions long after the incident itself has been all but forgotten. Depending on how your case was resolved, however, your arrest may qualify to be expunged or removed from your permanent record. Thanks to a new law that became effective this year, more individuals than ever before could be eligible to restore lost opportunities by clearing their record.
What Is Expungement?
When an arrest is expunged, it means that all physical and digital records related to that arrest and subsequent prosecution are destroyed, deleted, or otherwise rendered inaccessible. An expunged arrest essentially never happened, and the arrest cannot be seen on background checks conducted for any purpose. Removing an arrest from one’s record can obviously be a tremendous help to that person’s future.
Judge Falls Asleep During Criminal Case, Conviction Stands
When a decision is handed down in a criminal proceeding, both the state and the defendant typically have the right to file an appeal. Appeals filed by defendants nearly always follow a guilty verdict or an unfavorable ruling on a pre-verdict motion, and most are focused on the defendant’s rights to a certain extent. Many such rights have their foundations in the U.S. Constitution and its amendments, such as the right to due process of law and the right be free from unreasonable searches and seizures. Other principles have been established in practice, such as the presumption of innocence until proven guilty beyond a reasonable doubt. But, what happens if the presiding judge falls asleep during the proceedings? Does a jurist’s quick nap constitute a violation of the defendant’s rights so grossly that it should result in a mistrial? An Illinois appeals court recently answered these questions.
Will County DUI Suspect Faces Multiple Charges
When a person is pulled over on suspicion of driving under the influence of alcohol or drugs (DUI), he or she has a few options. The first option is to be 100 percent cooperative and comply with every request the officer makes. Alternatively, the suspect could be polite and compliant with most of the officer’s requests, while respectfully refusing a breath test and other roadside sobriety tests. The third option is to be openly defiant and overtly refusing to comply with any of the officer’s requests. While the third option is better than outright aggression or fleeing—the remaining two options—such an attitude can lead to additional criminal consequences in certain situations.
Adding to a Driver’s Problems
In early October of this year, a 39-year-old man was pulled over in Plainfield Township by an officer of the Illinois State Police. The suspect—a Joliet Township High School District employee—refused to comply with requests for a breathalyzer and would not even get out of his vehicle when ordered to by the officer. It is unclear whether he submitted to field sobriety tests, but the pattern of events included in the police and court records suggests that he most likely did not.
How to Handle an Aggressive or Confrontational Encounter With the Police
While the majority of police officers are good and decent human beings, police brutality, aggression, and confrontational behavior does exist. Knowing how to handle such situations, should you ever experience it, is critical. In fact, in some situations, it could even save your life. At the very least, an understanding of your Constitutional rights and thoughtful action could help mitigate the risk of a wrongful arrest, wrongfully filed charges, and wrongful conviction.
Understanding Your Risk
Anyone can be victim of police brutality or aggression, but certain groups are at an increased risk. For example, African American males are three times more likely to be killed by an officer of the law than any other race and gender combination. Further compounding this issue is the reality that African American men are much more likely to be stopped by a police officer than other groups. Therefor, it is critical that they, above all others, understand how they can attempt to deescalate a situation and protect their rights.
Should You Refuse a Breath Test?
If you are ever pulled over on the suspicion that you are driving under the influence (DUI) of alcohol or drugs, there is a very good chance that the officer will ask you to take a breath test or another type of blood-alcohol content (BAC) measurement test. While you are probably aware that there could be consequences for failing a BAC test, there may also be consequences for refusing such a test, depending on the circumstances of the situation.
Preliminary Testing
A BAC breath test is commonly known by the genericized trademark "breathalyzer," taken from the brand name of a popular line of breath alcohol testing devices. A breathalyzer is one of several tools that police officers will use to determine whether there is probable cause that a driver is intoxicated. During a DUI stop, an officer may question the driver about what he or she may have had to drink. The officer may also ask the driver to submit to field sobriety tests and a breathalyzer.
Small-Scale Study Finds Medical Marijuana Program Reducing Opioid Prescriptions
When the Compassionate Use of Medical Cannabis Pilot Program finally got underway in late 2015, Illinois lawmakers hoped that legalizing marijuana for those with approved medical conditions would have positive results. The main goal of the program was to help such patients alleviate pain and to deal with chronic health problems while reducing the need for highly-addictive opioid prescriptions. A new peer-reviewed study suggests that the pilot program seems to be working.
Limited Study Participants
The limited-scale survey was conducted by researchers at DePaul University and Rush University and included responses from 30 patients currently registered for the Illinois medical marijuana program. The project, while small, is the first peer-reviewed, published study regarding medical marijuana use in Illinois specifically. The study’s authors acknowledge that the survey was not large enough to extrapolate percentages or quantified conclusions, the response received did provide anecdotal support for other studies that suggest medical cannabis may help reduce the use of opioids.
What New Drivers Need to Know About Traffic Stops
Most adults can remember the feeling of independence that accompanied getting their driver’s license for the first time. On the other hand, most can also remember the nearly overwhelming fear that took over when they were pulled over by police for the first time. Getting stopped for a suspected traffic violation is intimidating for many drivers, including those who have been driving for decades. Younger drivers, however, often experience even more stress when they are pulled over, leading to confusing and potentially dangerous situations. Fortunately, lawmakers in Illinois have taken steps to prepare young drivers on how to handle being stopped by the police.
Helping Young Drivers Learn
Around this time last year, Illinois Governor Bruce Rauner signed a bipartisan measure that requires all driver’s education classes in the state to include a section on how to behave during a traffic stop. The bill’s timing coincided with a number of horrific, headline-making examples of traffic stops that escalated and spiraled out of control—some of them resulting in tragedy. The new law went into effect on January 1, 2017, and affects driver’s education classes at public schools, private schools, and private training programs.
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.
