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Recent Blog Posts
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.
App Could Reduce Number of DUI Arrests During Holiday Season
A new service hit the market just in time for last year&s holiday season, aimed at reducing the number of drunk drivers on the road. As the holidays roll back around, the app, BeMyDD, continues to allow drunken party revelers to contact a team professional, fully-insured drivers who will drive a person and his or her car home for a mere $25, plus mileage.
Safety and Technology
The app, which first launched in Cleveland in 2010, was rolled out in Chicago at the beginning of December 2014. It also allows users to hire a driver for the entire evening, with a two-hour minimum time commitment. While there are several other car services vying for the attention of people who are unable to drive home, BeMyDD is different because it allows for people to use their own vehicles, rather than relying on an unfamiliar car. A spokesperson for the app said in a press release that, "between unpredictable prices and unprofessional drivers, the working professional and luxury set would rather rent a professional driver to drive their own cars for an important night on the town."
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."
Getting Technical: Traffic Stop Setups
A federal judge in nearby Iowa recently upheld a traffic stop even though the defendant was only traveling 1 mile per hour (mph) over the speed limit and was apparently set up by police officers. The decision is not binding authority for criminal law cases in Kane County, but prosecutors may use it to persuade judges to uphold borderline stops or seizures when the defendant files a motion to suppress evidence.
Facts
In United States v. Fuehrer, Dubuque County Sheriff’s deputies had been spying on the defendant for quite some time; they suspected him of being a drug dealer. When they learned the man would be traveling on Highway 151, they set up a radar speed trap. A deputy claimed that his radar recorded the GMC Jimmie travelling at 66 mph in a 65 mph zone. Once the vehicle was pulled over, a drug-sniffing dog was on the scene a mere two minutes later, and officers seized a substantial quantity of methamphetamines.
Do You Know What Is in Your Criminal History?
If you have ever been arrested, regardless of the outcome, details of the arrest are probably still on your criminal record. Even if your criminal history can be summarized by "college kids doing stupid college stuff" and you were never convicted, prospective employers and other entities may find the records during a routine background check, potentially causing you problems that you never saw coming. Fortunately, there is an option available to many individuals that can help provide a fresh start, allowing them to put the past behind them once and for all.
Get a Copy of Your Rap Sheet
Many believe that the term rap sheet originated as an acronym for a Record of Arrest and Prosecution sheet. It seems, however, that the reverse is actually true, and that the phrase developed from street slang, and convenient acronym was, in a manner of speaking, retrofitted. Whatever the origin, it is important to be aware of every item on your criminal history. To do so, you will need to request a copy of all applicable rap sheets, including from local, state, and federal agencies, depending on your circumstances.
New Law Eliminates Driving Relief Waiting Period for First-Time Offenders
Previous posts on this blog have discussed, in fairly significant detail, some of the relief programs available to drivers whose driving privileges have been suspended for failing or refusing a blood alcohol content (BAC) chemical test related to the suspicion of drunk driving. Such programs have been made increasingly available to Illinois residents, as state officials shift their focus to addressing the behavior that leads to driving under the influence (DUI), and less on harsh consequences that end up creating more illegal activity. In keeping with the ongoing trend, a new law set to take effect on January 1, 2016, makes a number of changes to the state’s existing guidelines regarding driving relief programs, including the elimination of the 30-day "hard time" period for first-time offenders.
Current Standards
When a driver fails or refuses a BAC test, such as a breathalyzer, during a DUI stop, the Secretary of State’s office automatically suspends that person’s driving privileges. A first-time offender faces a suspension of six months for a failure and 12 months for a refusal. Repeat offenders will have their privileges suspended for 12 months for a failure and three years. Currently, a first-time offender is eligible for driving relief after 30 days, as long he or she is granted a Monitoring Device Driving Permit (MDDP) and installs a breath alcohol ignition interlock device (BAIID) on his or her vehicle. MDDP relief is not currently available to those who fail or refuse a second or subsequent time.
Petition Calls for DEA Chief’s Resignation Over Medical Marijuana Remarks
The acting head of the federal agency tasked with enforcing the nation’s laws against illicit drug use is under attack after comments he made to reporters last week regarding the use of marijuana for medical purposes. Acting Administrator of the Drug Enforcement Administration (DEA) Chuck Rosenberg ignited a major controversy in a briefing that coincided with the release of the 2015 Drug Threat Assessment Summary, which showed an increase in illegal drug use for most substances, with the exception of cocaine. The report also observes that the use of marijuana is still technically illegal under federal law, despite decriminalization and medical marijuana legislation being passed in various states.
No Joking Matter
In his statements, Rosenberg took offense to the idea that marijuana could be medicinal, "because it’s not," he said. "We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine—that is a joke."
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.
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