Posted on October 09, 2014 in DUI/DWI

Driving under the influence (DUI) cases are some of the more common cases in criminal court. While many cases may be relatively straightforward, there are certain issues that can pop up concerning police procedure in bringing these charges. Of course, each criminal case involving a DUI or other criminal charges should be evaluated in light of the particular facts surrounding the case in order to determine any issues present, as well as options the specific defendant has in addressing the charges.

One such issue that may become relevant in a DUI case is the context in which the defendant was pulled over. Some of those charged with DUI may be observed to be driving in a reckless manner by law enforcement; others may have committed a traffic infraction giving the officer pretext for the stop. Still others may have been charged with a DUI as the result of passing through a DUI checkpoint. A recent report looks at DUI checkpoints and the potential legal issues that result from them in some states, including Illinois.

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 Posted on October 08, 2014 in Criminal Defense

Some drug cases involve not only legal issues, but deeper issues that some may even argue are more serious than the resulting criminal charges. Many defendants who have been charged with a drug crime are suffering from a prescription drug addiction that is out of control. While they may have their fair share of legal problems to deal with, treating the underlying addiction should also top their priority list. A recent report examined the problem of drug overdoses specifically related to prescription drugs and what obstacles are in the way of trying to stop them.

Doctor Shopping

Abuse of prescription drugs seems to be on the rise, and efforts to stop it are falling short. While many drugs are considered by law to be illegal, prescription drug abuse involves using otherwise legal drugs in an illegal way. Sometimes this may involve taking more than the prescribed dose of a drug, while other times it involves “doctor shopping” to obtain a prescription for a certain type of drug. This practice by drug addicts is known to lead directly to drug overdoses, particularly by those addicted to opioids. According to the Centers for Disease Control and Prevention (CDC), there were approximately 17,000 fatal overdoses from pain medications in the year 2011. This was more than the amount of overdoses that resulted from heroin and cocaine combined. This is the latest year for which such numbers are available.

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 Posted on October 02, 2014 in Criminal Defense

It seems officials in the state of Illinois are taking steps to revamp the criminal justice system in a number of ways. Media outlets have reported on the reform, revaluation, and modification of different parts of the criminal justice system, from police procedure to sentencing guidelines to reintroducing criminal defendants back into society after their release from prison. According to a recent reports, efforts to ultimately improve the state’s criminal justice system are continuing with a focus on procedures used by the police and prosecutors in criminal cases.

The Committee

For the first time in Illinois, a committee is being established to recommend the best practices for police departments and prosecutors to use while investigating and collecting evidence in criminal cases in the state of Illinois. The General Assembly enacted legislation to allow the formation of the committee, which will operate out of the Illinois State’s Attorney’s Appellate Prosecutor’s Office. Joe McMahon, Kane County’s State’s Attorney, is said to be tasked with leading the committee.

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 Posted on September 29, 2014 in Criminal Defense

In many ways, juvenile cases are treated differently than criminal cases in adult court. As a general rule, the court’s focus in juvenile cases should be on providing treatment to minor offenders and focusing on their rehabilitation in an attempt to steer them away from becoming lifetime criminal offenders. Sometimes, this works. Other times, it does not. One way officials have attempted to determine how successfully a juvenile has been rehabilitated is to study recidivism rates, or whether they have repeated criminal conduct. As one study points out, states measure recidivism differently, which could lead to inaccurate information.

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 Posted on September 19, 2014 in Criminal Defense

Domestic violence cases often are troubling situations that bring up serious issues. These charges are not limited to one group or a specific type of offender; anyone from any socioeconomic, racial, or ethnic background can be involved in such a scenario. This is further evidenced by a news story that has become popular as of late. Since the official start of the 2014-2015 National Football League (NFL) season, news and other media outlets have been consistently reporting on a notorious domestic violence incident that became public knowledge in February of 2014, but has garnered new and deserving attention since more details of the incident surfaced recently.

Illinois Domestic Violence Law Signed

Even before this news story concerning the professional football player garnered renewed attention, officials in the state of Illinois had their attention turned to the topic of domestic violence. At the end of August, Governor Pat Quinn signed legislation known as “Diane’s Law” into effect. The law is meant to provide protection to survivors of domestic violence by allowing courts to order risk assessment evaluations as a condition of bails and to require electronic surveillance via GPS monitoring of those charged with the crime in order to enforce restraining orders. Charges covered by the new law will include domestic battery, kidnapping, stalking, harassment, and attempted murder.

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 Posted on September 17, 2014 in Criminal Defense

Cases involving juvenile criminal offenses deserve special consideration, especially since many of these cases present an important opportunity to get a child or adolescent back on track. Truancy cases involve a particular set of concerns, mainly because they not only implicate a juvenile and his or her actions, but could implicate the juvenile’s parents or guardians in criminal liability as well. Prosecutors in several counties in the state of Illinois are charging an increasing number of parents with the crime of truancy.

Criminal Charges for Parents

Both St. Clair County and Madison County in Illinois have been focusing on charging a juvenile’s parents with the crime of truancy if their children are offenders. This is apparently part of a larger movement across the country to address the issue of truancy. According statistics, officials in St. Clair County have charged 13 parents so far this year with truancy because their children are chronically absent from school. This number has increased from eight in 2013, and just one parent in 2012. Madison County has charged a surprising 30 parents so far this calendar year with the crime, up significantly from 10 last year and seven parents in 2012. The offense is graded as a misdemeanor and can result in imprisonment of up to 30 days, imposition of a fine, or both. According to Illinois law, a child is considered truant if he or she has nine days of unexcused absences in the previous 180-day period.

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 Posted on September 11, 2014 in Criminal Defense

According to a recent article published by the Pekin Daily Times, predicting future risk within the context of the criminal justice system has gotten significant attention lately. As described in the article, the concept of predictive analytics involves taking information from a large amount of data in order to identify patterns and make future predictions. While not always 100 percent accurate, the process does reveal information about the future that is somewhat reliable. The practice of predictive analysis is typically used in the business world, in making military decisions, and in scientific study. Now, it seems to also be leaking into the criminal justice system, which may not be a good thing.

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 Posted on September 09, 2014 in Traffic Offenses

Almost every driver will tell you that receiving a ticket for a driving infraction is a hassle. According to a recent article published online though, many Illinois motorists may have more to complain about than the average driver. The article reported that potentially thousands of Chicago drivers may have been issued undeserved tickets in connection with red light cameras used within the city. Apparently there has been a series of sudden spikes in such traffic citations that city officials have been unable to explain.

The Investigation

The Tribune conducted an investigation into the over four million tickets issued to drivers since 2007. They found that deviations in the city’s network of 380 red light cameras were caused by both faulty equipment and human adjustment. Many of the spikes in ticketing reportedly lasted weeks, despite the fact that ticketing patterns were supposed to be monitored every day. Transportation officials in Chicago claimed they had no knowledge of such significant deviations associated with ticketing and the equipment. Now, questions are being raised about the traffic enforcement program in Chicago. A federal corruption probe is allegedly underway. To be clear, the true cause of the influx in tickets has not yet been determined. Potential sources being suggested include everything from corruption and bribery, to technological issues and malfunctions, to something that was purely an oversight and accidental.

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 Posted on September 04, 2014 in Theft

Being charged with the crime of retail theft in the state of Illinois is a serious matter. Not only can such charges have criminal penalties, but they can have consequences that can affect other areas of the offender’s life, as well. These consequences often include the ability to obtain employment, qualify for housing, and be approved for a loan, among other things. Taking all of this into account, it is clearly important to consult with a knowledgeable criminal defense attorney for those who are charged with the crime of retail theft.

Grading of Charges

The severity of the charges an offender will face depends on both the value of the item or items stolen, as well as any prior criminal history of the defendant. The crime of retail theft can be graded as a misdemeanor or a felony, and the potential jail time and fines an offender may face varies with the severity of the charges. First-time offenders for retail theft, whose case does not exceed a value of $300, will be charged with a Class A misdemeanor, which carries a maximum jail term of one year and up to a $2,500 fine. If the value exceeds $300, the offense will be considered a Class 4 felony, even if it is just a first offense. Such a graded offense is punishable by a maximum jail term of three years and a fine of up to $25,000.

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 Posted on September 02, 2014 in DUI/DWI

Although it may seem like more people recently are being arrested for driving under the influence (DUI), it should still be considered a serious offense that deserves the proper attention. Depending on the circumstances, an individual convicted of a DUI can face a substantial prison term, in addition to subsequent supervision and related costs and fines. Considering these potentially harsh penalties, it is advisable to consult with an attorney who is experienced in handling various types of DUI matters for those who are charged with the offense.

DUI Penalties

The sentencing guidelines for DUI offenses increase in severity depending on the circumstances surrounding the offense. The penalties are more severe for those convicted of multiple DUIs in the past than they are for a defendant who has been charged for the first time. Still, even those convicted of DUI for the first time can face a maximum of one year of incarceration and an additional six months if a child was in the car while the offender was operating it. Other factors, such as an accident, or the injury or death of another as the result of the DUI, would enhance sentencing structures, as well as lead to additional criminal charges.

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