Posted on April 21, 2015 in Your Rights

While just about every child has to learn the bill of rights at some point during their education, as adults only a few of the amendments get a whole lot of media coverage. Most people know that the First Amendment covers things like free speech and freedom of religion, and that the Second Amendment deals with the right to bear arms. But beyond that, for many people, memories get a bit fuzzy. The thing is, when a person is charged with a crime, those other amendments in the Bill of Rights may make a real difference in the case. One important constitutional amendment for anyone facing a criminal charge to understand is the Sixth Amendment, specifically its confrontation clause.

What Does the Sixth Amendment Say?

The Sixth Amendment to the United States Constitution touches on a few key rights for criminal defendants. The amendment itself says:

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 Posted on April 16, 2015 in Criminal Defense

We have two different systems in Illinois that deal with criminal justice: one for adults and one for juveniles under the age of 18. Cook County was one of the first places in the country to do this, realizing that children, by their very nature, are capable of changing their nature. Their brains, including their ability to control their impulses, are not fully developed, so they are not as culpable for their bad actions as their older counterparts. Unfortunately, some of these young people in Illinois are treated as adults despite the fact that this treatment is not supported by science.

The Juvenile Justice System in Illinois

The treatment of juveniles accused of crimes is covered in Illinois by the Juvenile Court Act. One of the goals of the act is supposed to be to provide individualized assessments and adjudications in juvenile cases with the goal of rehabilitation and preventing future delinquent behavior by juveniles. This can involve detention in some circumstances, but also involves diversion programs. In other words, unlike criminal prosecutions that are based almost exclusively on the ideas of punishment, revenge, and isolation of offenders from society, the juvenile system exists so as to change childhood bad behavior so that young people may improve their behavior and work well in society. The children found responsible for crimes under the juvenile system face a different punishment system from their adult counterparts, and they have stronger privacy rights including the ability to have their records shielded from public view.

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 Posted on April 14, 2015 in Criminal Defense

Many crimes are made up of two parts: an action and a mental state. One example is where one person kills another. Depending on the person’s mental state when he or she kills the other person, he or she could be guilty of first-degree murder, second-degree murder, involuntary manslaughter, or maybe no crime at all. When it comes to certain crimes, much of what a criminal defense attorney winds up doing at trial is showing a judge or jury that the defendant did not have the required mental state to commit the crime. Each of these mental states has a specific legal definition set out by state statute.

Acting Intentionally

One mental state is “intent” or “acting intentionally.” For a person to be found guilty of a crime that requires that he or she have intent or act intentionally, he or she must have the conscious objective or purpose of accomplishing the result of that crime or engaging in the conduct of that crime.

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 Posted on April 07, 2015 in Criminal Defense

When the news reports on crimes that happened a long time ago, they often say that a person cannot be prosecuted because of the statute of limitations. However most people do not not actually know what a statute of limitations is, why it exists, or when it applies. They can actually be quite complicated so if you find yourself charged with a crime that is alleged to have happened years ago, you will need the specific advice of a criminal defense attorney.

What is a Statute of Limitations and Why Does it Exist?

A statute of limitations is a statute that limits the time frame in which a certain cause of action can be brought. A cause of action could be something like a slip and fall lawsuit or a sexual harassment complaint, or it could be a criminal charge. Every state has different statutes of limitations and most states, including Illinois, have different statutes of limitations for different crimes. The purpose of these laws is two-fold. First of all, a statute of limitations prevents people from having to live in fear their entire lives of being sued or criminally charged for something that happened years or even decades earlier. Second, and most importantly, it protects everyone’s right to have a fair trial on the matter. Having a trial soon after an alleged wrong, when witnesses are still alive, available, and have clear memories, is vastly preferable when compared to the alternative. Charging a person with a crime decades after it was committed nearly guarantees that he or she will not be able to establish an alibi or find other witnesses even if he or she is absolutely innocent.

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 Posted on April 02, 2015 in Your Rights

Anyone who has watched television in the last 40 years has heard it: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed before any questioning.” Even though we have heard these rights over and over again, most people do not understand what they mean, as well as the importance of asserting these rights. When you are a suspect in a crime, regardless of whether you are guilty or innocent, using these rights may be the most important thing you do to protect yourself.

Where Do These Rights Come From?

Even though the exact words we hear on TV and that people hear again when they are interrogated by police are not found within it, they exist because of the United States Constitution. Specifically, it is the Fifth Amendment to the United States Constitution that requires police to inform you of these rights before interrogating you. They have had to do this ever since the United States Supreme Court determined it is required in the case Miranda v. Arizona. This is why the rights are often called your “Miranda Rights.” The Fifth Amendment is the one that, among other things, protects you from being required to be a witness against yourself. In Miranda, the United States Supreme Court decided that it is extremely important for people being interrogated by the police to understand that they do not have to answer questions and that they have the right to an attorney.

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 Posted on March 25, 2015 in Your Rights

Some people charged with crimes are innocent. Other people charged with crimes are guilty. Both deserve a passionate and skilled defense. But in some cases, the court should never even get to the issue of guilt because a more serious issue arises. There are cases where the government violates the United States Constitution, the foundation of our entire justice system. In those cases, more than any other, you need the help of an experienced criminal defense attorney. One of the most common parts of the United States Constitution violated by the government is the Fourth Amendment.

What Does the Fourth Amendment Say?

The Fourth Amendment to the United States Constitution protects your right not be be subjected to unreasonable searches and seizures by the government. This includes searches of your person, searches of your home, and searches of your stuff. This is the part of the constitution that requires police to get a warrant in order to perform a search unless either (1) you consent to a search or (2) certain exceptions to the warrant requirement are met. Unfortunately, the list of exceptions to the warrant requirement keeps growing and growing, chipping away at our constitutional rights, and each one of them is complicated enough to warrant its own article or articles. But, on a basic level, the Fourth Amendment is the part of the constitution that says the police cannot search you, your home, or your property just because they feel like it. The amendment also prevents unreasonable seizures, or takings, both of you and of your property.

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 Posted on March 23, 2015 in DUI/DWI

Driving under the influence, or “DUI” is a criminal charge that carries with it a host of possible consequences. People who have been injured by intoxicated drivers or who have lost family members in car accidents often advocate for extremely harsh punishment for people caught driving under the influence. Surprisingly, however, even many of these advocates are on board with getting rid of the “hard time” 30-day suspension of the person’s driver’s license that accompanies a DUI arrest in Illinois.

What is a Hard Suspension?

A hard suspension of a person’s driver’s license is a suspension with no exceptions. During a hard suspension a driver is not allowed to drive at all. This is opposed to a suspension where the driver is only allowed to drive under certain circumstances, such as being required to use an ignition interlock device. These are the devices that can be installed in cars that require the driver to blow into them to prove they are not intoxicated in order to operate the vehicle. Hard suspensions prevent drivers from driving to work, taking their children to school, going to alcohol treatment, or fulfilling any of a whole variety of basic life functions. While people who live in certain parts of Chicago may have reliable enough public transportation to do all of these things without driving, those living in the suburbs or in rural parts of the state can lose jobs and support networks. If the goal is to prevent future alcohol abuse and encourage treatment, hard suspensions work against that goal. Yet under current Illinois law, there is a mandatory 30-day hard suspension that follows a DUI arrest.

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 Posted on March 18, 2015 in Sentencing

This firm has reported on criminal justice and sentencing matters multiple times in the past. From mandatory minimums to sentencing tools, it seems the sentencing structure in Illinois is in the process of an overhaul. Media reports provide further evidence of this in its description of the apparent cultural change going on in regards to criminal sentencing in the Illinois General Assembly.

A New Approach

In the past, Illinois lawmakers’ approach to dealing with crime involved imposing harsher penalties for their commission. The thought was that the enhanced penalty would effectively address the problem; however, lawmakers are starting to see that that is not necessarily the case. Despite the idea that harsher penalties for certain crimes often seemed like a good idea, lawmakers are starting to reject that notion, as evidenced by the significant decline in the number of sentencing enhancement bills that they have attempted to pass in recent years.

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 Posted on March 16, 2015 in Traffic Offenses

Not surprisingly, traffic offense cases are among the most common type of criminal law cases. It is much less likely for an average member of the public to be charged with a more serious crime than it is to be cited for a traffic offense such as a speeding ticket, reckless driving, or even drunk driving. Regardless of the severity of the offense, it is advisable for anyone who has been charged with any type of criminal matter to seek the advice of legal counsel in order to best improve the chances of a successful outcome in their case.

A Change in Penalties

The prevalence of citizens charged with a traffic violation makes any change in the regulations involving these crimes especially important for many members of the public. According to media reports , a bill that was signed into law last August says that drivers who are pulled over in the state of Illinois will no longer need to surrender their license in exchange for a citation. Previously, the law required motorists to hand over their license to law enforcement as bail.

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 Posted on March 11, 2015 in Criminal Defense

The so-called War on Drugs has been dragging on in the United States for decades. Despite law enforcement’s seemingly unending obsession with prosecuting drug laws, the use of illegal substances continues on. While many drug users are undeterred by the illegality of drug possession, others do fear the possibility of facing criminal charges or losing their jobs if they get caught with an illegal substance. So some of them, particularly younger people, result to using otherwise legal substances to get high. The theory is that if the substance is legal then they can not be prosecuted for using it. While this may make sense, in at least some cases it is not true.

Huffing or Inhaling a Perfectly Legal Substance to Get High is a Crime in Illinois

Many people, especially young people, “huff” or inhale regular household products or other legally possessed chemicals in order to experience a high. Doing this is a crime in Illinois. The law that makes it a crime is called the “Use of Intoxicating Compounds Act.” Under this law it is a crime to ingest, breath, inhale, or drink any compound, liquid, or chemical for the purpose of getting high. Additionally, it is a crime to sell any compound, liquid, or chemical that will induce an intoxicated condition to a minor under the age of 17 without the written permission of the minor’s parent or guardian. Its illegal to make a such a sale to a person of any age if you have a reason to know that the purchaser’s intent is to use the substance to get high. Depending on how many times a person is found guilty of a crime under this law and the type of substance involved, the crime can be a misdemeanor or a felony.

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