| 24 HOUR | ANSWERING | | | 847-253-3100 |
| SERVICE | |||
3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005 | |||
24 HOUR ANSWERING SERVICE
Recent Blog Posts
Proposed Law Regarding Accessibility of DNA Testing
The Chicago Tribune recently published an article that discussed a proposed law in the state of Illinois that would allow inmates who have previously pled guilty to have access to DNA testing that would prove their innocence.
The Legislation
The proposed law, which many are speculating that Governor Pat Quinn will sign into effect, represents a small but substantial change in the current law regarding DNA testing. The proposal would give inmates new access to DNA testing in order to prove their innocence after they have previously pled guilty to criminal charges. On the national level, exonerations are overall on the decline as inmates’ appeals based on DNA evidence are moving through the court system. Illinois would follow in the footsteps of 44 other states that have allowed inmates who pled guilty to seek DNA testing.
Illinois’ Marijuana DUI Law Not Changed by Legislators
According to an article recently published, state legislators in Illinois will likely not address issues brought up by the inclusion of marijuana in the state’s DUI law until next year. Currently, the law allows law enforcement to charge drivers with a DUI who were driving under the drug’s influence, even when no evidence of impairment exists. Many are joining in an effort to change this portion of the DUI law in Illinois.
A Bill to Change the Law
A bill was drafted to address the issue and was sponsored by a Senator from Chicago. Although it was recently returned to the Senate committee, likely for the rest of the General Assembly’s current session, supporters are adamant that it will not be forgotten. The plan is to reintroduce the bill next session. Many supporters of the bill are saying the reason for the delay is due to the perception that the bill may be moving backwards in DUI enforcement. Because of this perception, it may take some time for the proposal to gain support.
Federal Drug Offenders May Have Shorter Prison Terms
Strict sentences for drug offenseshave recently been debated,in addition to the problem of overcrowding at prison facilities across the country and the associated cost to house so many inmates. Not only are states struggling with these problems, but the government on the federal level is seeking ways to address the same issues as well.
A recent news article revealed that Attorney General Eric H. Holder supported a proposal to reduce the incarceration time for some of those in prison in an effort to achieve a more fair criminal justice system for minorities as well as lower costs for taxpayers.
Gun Violence Seen by Some as Public Health Concern
In light of the many recent fatal shootings in the media, not to mention the countless mass shootings marring our nation’s recent past, it is perhaps not surprising that many are trying to pinpoint the true root of the problem of gun violence, and attempt to come up with ways to address it. A prior blog post discussed the treatment of the gun problem as more of a mental health issue. Now, according to an article published by CBS News, experts are suggesting the mass violence is more properly considered and treated as a public health crisis.
Gun Violence as a Disease
The article suggests that it is essentially a waste of time to continue debates about gun reform and a flawed mental health system. Rather, a more effective way of ending the cycle of gun violence is to treat it as a disease and enlist the help of healthcare workers in fighting it. Experts say that a health-based system is necessary for gun violence prevention.
An Opportunity for Expungement
Under Illinois law, those convicted of certain crimes may be able to clear their criminal record. While this is a positive thing for many eligible people, the problem is that many are not aware of their option to do so. This often puts them at a disadvantage when it comes to education and employment opportunities after completing their sentences. However, according to a recent article, the clerk of the Cook County Circuit Court is working to spread awareness about the law so that people can take advantage of the benefits it offers in having their records expunged.
Expungement Summit
The clerk has been running a campaign for the last ten years aimed at educating offenders about their options to get their criminal records sealed or expunged. While she has made progress, there is still room for improvement, particularly among juvenile offenders. An educational summit will be held to continue the campaign. The goal is to let people know if they have an opportunity to expunge their court records, and to take advantage of the second chance it affords them to be law-abiding citizens and productive members of society. The law is aimed at removing as many obstacles as possible for people who are trying to better themselves and the life of their family. Many agencies and organizations from Cook County will be involved in hosting the event.
Teen Drinking Targeted by Officials
The end of a school year brings graduation and all of the celebrations that go along with the occasion. Many high school students are undoubtedly eager to enjoy the milestone and excitedly look forward to the next part of their lives. However, it is an unfortunate fact that many event celebrations for teens involve underage drinking, or at least the opportunity to do so. A recent article discusses law enforcement officials’ response in Pontiac, Illinois.
Underage Drinking
Police officers are aware of a correlation between the incidence of underage drinking and warmer weather in the summertime. Their concern, however, is that teens do not appreciate the fact that choosing to participate in underage drinking and risking an arrest can have long lasting and damaging effects on their lives in the future.
Assault and Battery Law in Illinois
Assault and battery are two serious offenses that are treated as such in criminal courts in the state of Illinois. Those charged with such crimes are advised to immediately seek the help of an experienced criminal defense attorney to protect their rights. Below are some of the basics regarding relevant assault and battery laws in Illinois.
Assault
In the state of Illinois, an assault charge is usually graded as a Class C misdemeanor. The penalties associated with such an offense are a maximum of 30 days incarceration and up to $1,500 in fines. Typically, the facts that give rise to such a charge involve engaging in conduct or acting in a way that places another in fear of harm. It is important to note that the crime of assault does not necessarily involve physical contact with the victim; a verbal threat or threat of physical harm is enough to meet the law’s requirements.
Drug Testing as Part of the War on Drugs
Drug abuse and addiction is a problem affecting virtually every geographical location across the country to some extent. In an effort to combat drug use, the government has declared a “war on drugs” in the past, seeking to charge individuals with drug crimes that carry harsh penalties as a way to remedy the problem. While intentions may have been noble, a recent article discusses drug testing as one of the byproducts of the war on drugs and its unintended consequences.
Employer Drug Testing
One of the scenarios most common for drug testing is in the workplace. Whether it is in applying for a job, or before officially starting a new job, many candidates are forced to submit to drug testing in order to be considered for a position. The problem, some employers are pointing out, is that the requirement of passing a drug test may be automatically screening out the best candidates for a given position. On the other hand, the testing requirement may have benefitted others, particularly minorities, by allowing them to prove they were not using drugs to potential employers. While drug testing is only necessary for government employees, other well-known employers are following suit across the nation.
Proposed Legislation to Ease Penalties for Drunk Drivers
According to an article recently published by the Chicago Tribune, one Illinois lawmaker is going against past trends of increasing penalties provided for by state law associated with driving under the influence (DUI) offenses. Instead, the representative is attempting to build support for a measure that would somewhat ease penalties faced by repeat DUI offenders.
Redemption Bill
The representative decided to sponsor what is known as the “redemption bill” after being confronted by an individual from her district. The man told his story, and the representative took a first hand look at his treatment, which proved to her that the man had turned his life around since his offense. Her measure would change the existing DUI laws in a limited way. The proposal would apply to those people found guilty of a fourth DUI offense who would have otherwise permanently lost their licenses and allow them a limited permit to only drive to and from work.
Racial Profiling by Police
Citizens are bound by constitutional protection, courtesy of the Fourth Amendment, in almost all encounters with police and law enforcement. The specific protections and relevant law of Fourth Amendment search and seizure issues are broad and potentially complex. One such issue addressed in the media recently involved an incident in the Chicago area of Illinois that included allegations of racial profiling by police.
The Incident
In March of this year, two workers were arrested while doing community outreach work on behalf of an organization. On that day, their work involved going door-to-door in a predominantly white southwest Chicago neighborhood in an effort to inform city residents about the then looming deadline to sign up for the Affordable Care Act. While doing so, they were stopped and frisked by Chicago Police Officers and later charged with misdemeanor offenses.
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.
