Posted on June 26, 2017 in Traffic Offenses

The city of Chicago had inaccuracies on 1.9 million red light and speed-camera tickets. In an attempt to correct this mistake, it appears that Mayor Rahm Emanuel may have exacerbated the issue.

City Hall sent mail to recipients of the red light and speed camera tickets. The letters received attempted to offer another chance to appeal the tickets in court. The measure is widely identified as an effortto ward off a class-action lawsuit, pleading that the city failed to provide ticket holders enough time or notice to challenge their tickets.

One Cook County resident received five red light camera tickets for which she could only make out two of the videos. She was quoted as saying, “It’s alarming that they would do something like this.”

An official spokesman, Michael Claffey, indicated that the process to correct the faultin the system denying people adequate notice to contest their tickets would take considerable time to rectify.

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 Posted on June 21, 2017 in Criminal Defense

Attorney General Jeff Sessions recently announced that the National Commission on Forensic Science is to be dissolved. The National Commission on Forensic Science is a non-political commission whose mandate is to oversee and advance the reliability and preciseness of scientific evidence used in criminal cases.

The commission is made up of a mixed group of people who are trained to monitor and audit the uses of scientific evidence. Various agencies including federal, state, and local forensic service providerswork together to strengthen the reliability of forensic science as a whole and particularly how it is used in criminal cases.

Forensic evidence explains a type of evidence that can come in many forms. Forensic evidence can be:

• Dental records;
• Fingerprints;
• Genetic material;
• Trace chemicals;

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 Posted on June 19, 2017 in Juvenile Crimes

Raising children can be one of the most rewarding yetchallenging parts of adult life. Our children goout into the world as extensions of ourselves, and as parents we constantly worryabout their safety and how we can keep them out of trouble. Weeven attempt to plan ahead for any potential issues that may arise—we teach ourchildren the difference between right and wrong and instill moral values. Still, bad decisions are made.

Decisions can Become Criminal in a Split Second

It only takes a moment for an otherwise thoughtful and law abiding teen to make a decision that can change the rest of his or her life. According to federal records in 2010, 1.6 million juveniles were arrested. Recent governmental research suggests that nearly 30.2 percent of American citizens will be arrested by the time they are 23 years of age.

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 Posted on June 14, 2017 in Criminal Defense

When recently asked about an independent federal monitor, Chicago Mayor Rahm Emanuel explained that “it is exactly the right way,” in regards to proposed oversight for the Chicago Police Department.

Negotiations between the Mayor and the Justice Department are focused on a memorandum of agreement. This would incorporate the structure for approving reforms that federal authorities have advocated for in the wake of several controversies whichhave rocked the Chicago Police Department in recent years.

Justice Department approval would still be required for the oversight measures to go into effect. The measures would include explicit oversight by an appointed independent monitor to oversee the proposed reforms. The Mayor’s administration believes that this is an important step further. However, some reform advocates are not satisfied.

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 Posted on June 12, 2017 in Assault & Battery

Assault and battery is a common criminal charge. We often see the charges linked together as if they are the same offense. However, in the state of Illinois, these are two distinct charges that many times go hand in hand with each other but do not have to.

Criminal assault in Illinoisis defined as an act or conduct that places another individual in reasonable apprehension of bodily harm. Whereas, a battery is the actual unwanted, unsolicited physical conduct which usually immediately follows an assault. Still, there can be a battery without the accompanying assault charge—the same way one can be charged with assault without being charged with a battery.

Why Does the Difference Matter?

The difference between the two matters because the available defenses differ based on the crime or crimes with which you are being charged. For example, self-defense is a common defense to a battery allegation; however, self-defense is not a traditional defense to a pure assault charge.General defenses to assault and battery charges include:

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 Posted on June 07, 2017 in Criminal Defense

You were innocent. You knew it all along and now you have your freedom. Butwhat happensnext?

There is a group operating out of Springfield, Illinois called the Illinois Innocence Project. They have been working since early 2001 to overturn wrongful criminal convictions in Illinois. At the start,their primary focus was exonerating inmates through legal avenues, and the group has had much success.

The most recent example of their success was the release ofoneman, Charles Palmer, who was set free the day before thanksgiving in 2016, after he had been forced to spend 18 years of his life behind bars for a crime he did not commit.

A surprising yet inevitable new issue to address arose when the Illinois Innocence Project noticed that many times the people whowere exonerated lacked educational, emotional, or familial support once they were released.

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 Posted on June 05, 2017 in Criminal Defense

Illinois lawmakers unanimouslypassed a measure making it more arduous for law enforcement to confiscate property from innocent owners. The bill passed in the Senate and will now head to the house.

The plan would shift the burden of proof to authorities in circumstances where they seize an individual’s property under a criminal investigation. As it stands, Illinois law allows for the confiscation of an individual’s property even in cases where no formal charges are levied against the owner.

There is a strong financial incentive for law enforcement agencies to seize property. Once the property has been taken, then the agency who took possession of the property, in many cases, reaps the rewards of the proceeds from the civil asset forfeiture. In addition to not having a constitutionally guaranteed right to counsel once a person has had his or herproperty seized, it can be costly to challenge and often leaves people with no mechanism to get their property back.

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 Posted on June 02, 2017 in Juvenile Crimes

A sweeping wave of legislation aimed at restructuring the juvenile criminal system in Illinois has taken hold. Many lawmakers and civil rights activists nationwide are advocating for less punitive sentences for minors who are ensnared in the criminal justice system.

Minors and Juvenile Detention

Illinois law demands that the minimum age that a child can be held in a juvenile detention center is 10. The nationwide regulation is 13, as recommended by the Juvenile Detention Alternatives Initiative—a Maryland-based private philanthropy foundation. The minimum age in Illinois to serve time in a juvenile state prison, as opposed to juvenile detention, is 13.

Illinois lawmakers and juvenile justice advocates are arguing that the age required to be detained in a juvenile detention center should be raised to 13. It seems unlikely that a bill would pass, however, without language carving out an exception for certain classifications of felonies. Advocates of raising the age to 13 argue that adding an exception would ruin the intent of the bill.

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 Posted on May 24, 2017 in Traffic Offenses

Standard moving violations will usually stay on your driving record for up to five years from the time you are convicted, according to the Illinois Secretary of state. Standard moving violations include:

• Speeding;
• Disobeying a stop sign;
• Disobeying a traffic light; and
• Improper lane usage.

However,traffic violations whose penalties result in a suspension or revocation can stay on your driving record for at least seven years. That timeline will not start until the date you get your license reinstated. The caveat to that general rule are traffic violations that include alcohol or drugs, like a DUI for example. Those kinds of convictions may stay on your Illinois driving record for the rest of your life.

Is There Any Way I Can Keep a Traffic Ticket Off My Driving Record?

That is a question for your Cook County traffic violation attorney. Generally, the only way to accomplish that is to receive court supervision as a punishment for your traffic violation or getting the charge dropped or dismissed.

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 Posted on May 22, 2017 in Juvenile Crimes

With the signing of State Bill 2777, it is now prohibited for a juvenile to be committed to a juvenile detention center for a crime that is not a felony, and even for some nonviolent felonies. This change in the law comes as a sweeping initiative is taking hold in the Illinois legislature, moving away from the tough on crime policies that have caused an exploding prison population in Illinois.

“There has been a recognition that our system of justice needs to be more just and less retribution-focused,” said Rep. Ron Sandack, R-Downers Grove.” This is coming as bi-partisan efforts to keep our children out of the prison system have begun to take hold in our criminal justice system.

Which Juvenile Crimes Does This New Law Effect?

The new law effects juveniles who have been convicted of misdemeanor crimes. Misdemeanor crimes include misdemeanor theft, misdemeanor possession of marijuana, simple battery, andtrespassing.

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