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City to send Police Patrols Overnight in Chicago Parks

 Posted on December 06, 2013 in Your Rights

family in parkOfficials in the city of Chicago are aware of the prevalence of violent crime in Chicago parks. Four days after the FBI claimed that Chicago was the murder capital of the United States, more violence broke out in the city. An outburst of shooting occurred on September 20th at Cornell Square Park on the south side of Chicago. Waves of gunfire left 13 people wounded including a couple of teenagers and three year old boy. The shooting was considered to be gang-related as some of the victims were known gang-members.

In response to theseviolent crimes, the police department of Chicago started paying overtime to officers in high crime neighborhoods of the city for an initiative called “Operation Impact”. Overtime pay for 2013 is estimated to be around $100 million.

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Use of Polygraph Tests in Chicago Crime Cases

 Posted on December 03, 2013 in Your Rights

police investigationWhen arrested for a crime in Chicago, the normal procedure is to be questioned by an officer. Occasionally, a member of a department’s polygraph unit would examine the suspect with the help of a lie detector test. Yet, a couple of convictions have been overturned lately, such as the murder charge against Nicole Harris. Harris was convicted of murdering her four year old son in 2005 after being coerced into a confession with a false polygraph test. In June of 2013, this conviction was overturned by a federal appeals court based on evidence uncovered by the Cook County state’s attorney’s office.

The use of polygraph examinations has decreased significantly over the past couple of years. In 2011, around 400 tests were administered to suspects of crime compared to only 50 over eight months in 2013. The reason that the Chicago Police Department gave for the drop was that polygraph units have been reassigned from forensics units to the human resources department. Their new orders include interviewing potential officer candidates. “The temporary detail was made to address the backlog in pre-employment screening needs. There hasn’t been a move away from polygraphs as a part of criminal investigations,” according to police spokesperson Adam Collins.

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Date Rape is Still Rape

 Posted on November 29, 2013 in Sexual Assault

Many people believe that date rape is not as serious as other kinds of rape. However, the only reason for the differentiation between the two terms is to specify the status of the involved parties. For example, the term “rape” generally happens between two strangers, while “date rape” or “acquaintance rape” happens between two people who previously knew each other on some level. Date rape can happen on a date, between two friends, between two people in a relationship, or between members of a former couple. Furthermore, because date rape regularly occurs after a date or a party, the term often indicates that alcohol or drugs played a role in the conduct.

Date Rape is Still RapeSome offenders believe that accusations of date rape are not as serious as other types of rape charges, and that they will face less severe consequences if they force sex with someone they already know. This belief is mistaken, as Illinois law does not differentiate between types of rape. Prosecutors charge any rape act, regardless of the status of the parties, under 720 ILCS 5/11-1.20 for criminal sexual assault or 720 ILCS 5/11-1.30 for aggravated criminal sexual assault.

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The Theory of Constructive Possession in Criminal Matters

 Posted on November 25, 2013 in Illinois Laws

There are multiple criminal offenses in Illinois that include the concept of possession as a basis of criminal liability. Perhaps criminal offenses involving contraband, such as weapons or illegal narcotics, are those crimes involving possession with which we are most familiar. The law extends the definition of possession to include both actual possession as well as constructive possession.

The Theory of Constructive PossessionThe Possession Rules in Illinois

In order to impose criminal liability on the basis of constructive possession in Illinois, the facts of the case must support the finding that the defendant knew of the existence of the contraband, and also was in a position to exercise control over it despite the fact that the defendant may not have had physical control of the contraband. In other words, the theory of constructive possession involves demonstrating that the defendant has both the intent and the capability to maintain control and dominion over the illegal item. Cases involving constructive possession typically include owners or tenants of a home, car, or apartment where contraband is found. This definition has been interpreted and applied in different ways by courts in Illinois.

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What Is an Expungement and How Can You Get One?

 Posted on November 22, 2013 in Expungement

If you have a prior conviction on your record and have ever tried to get a job, you understand the problem: the employer is going to ask you if you have any convictions and you are obligated to disclose that you do. For many employers, this is a deal-breaker, and upon seeing a prior conviction, they will move on to the next candidate. This leaves you in the precarious position of not being able to obtain gainful employment, no matter how hard you try, because of a past mistake.

Expunging your record gives you a clean slate.Both conviction and arrest records are public, so potential employers can actually see if you have been arrested for an offense; even if you were not charged. Those of us who work in the field of criminal law appreciate that there is a huge difference between being charged for a crime and being convicted–police officers make errors all of the time. But potential employers are far less forgiving.

However, there is some good news. The State of Illinois understands this dilemma and has come up with a way to seal arrests and certain criminal convictions, making it so employers (and anyone who runs a background check) cannot see them. This is what an expungement is. Basically, an expungement erases your criminal records and lets you start off fresh again.

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Domestic Abuse in Illinois: No Laughing Matter

 Posted on November 20, 2013 in Criminal Defense

Among all the crimes in Illinois, domestic abuse is among those treated most seriously by prosecutors and judges. Domestic abuse is defined by two elements. First, there is an act of violence. This can be an assault or a battery. That means that there does not necessarily need to be any force or physical touching involved. It is possible to get an assault charge for merely making threats to someone.

Domestic abuse charges are serious- contact an attorney for help with your case.For example, each of the following can be considered domestic abuse:

  • Spousal abuse

  • Child abuse

  • Criminal violations of Orders of Protection

  • Assault

  • Battery

  • Stalking

  • Harassment/telephone harassment

  • Threats

The second element of a domestic assault charge is the victim. What makes domestic abuse “domestic” is the victim. In Illinois there are several types of victims that qualify as domestic abuse victims, they are:

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Underage Drinking and Punishments in Illinois

 Posted on November 14, 2013 in DUI/DWI

illinois-underage-drinkingDrinking alcohol is dangerous for people of all ages even if they are old enough to drink legally. The law is not meant just to get people in trouble, it is to protect them, which is why the punishments can be so severe.

Not only is consuming alcohol illegal, but those under 21 cannot even transport or have alcohol in their possession. If someone underage is caught transporting alcohol in their vehicle, they can be fined up to $500 and receive a jail sentence of up to six months. The exception to this law is if a person under the age of 21 is transporting alcohol for employment or under the order of his or her parents.

If someone underage is caught drinking and driving, their punishment will be even more severe than someone who is of age because they will have broken multiple laws. If someone underage registers a Blood Alcohol Content (BAC) of 0.08 or higher while driving, he or she may be sentenced to 30 days in jail and be fined up to $500.

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Family Files Suit for Lock up Death in Drug Arrest

 Posted on November 11, 2013 in Your Rights

jail timeMay Molina was a community activist for many years in the city of Chicago. Even with her diabetes, asthma, and inability to go anywhere without a wheelchair, she still voiced her opinion against the Chicago Police Department. She was especially adamant her son’s wrongful lockup for a crime he did not commit. In 2004, her voice was silenced after being locked up for drug possession.

For 24 hours in lockup at the police station, Molina was without her medicine. Other inmates at the time as well as her attorney notified the police on duty that Molina was becoming breathless and confused. No one acted on their warning and within a few hours, Molina was found dead in her cell.

Recently, the surviving family of May Molina has decided to filed a civil suit against the Chicago Police Department. When May was arrested, she had asked the officers to bring her medicine but she was denied. May’s family is claiming in the suit that the city normally denies medical requests of inmates at holding cells of Chicago police departments.

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New Laws to Improve Illinois Boating Safety

 Posted on November 07, 2013 in Illinois Laws

boatSenator Julie Morrisonhas sponsored a bill, which along with other measures will make waterways safer next year. For Morrison, this bill is personal. In 2012, her nephew, 10 year old Anthony Borcia was killed after falling off a tube on Petite Lake in Northern Illinois. Morrison stated that “for me, this law is about turning a personal tragedy into an opportunity to protect other people. Last summer, my nephew was killed by a boater under the influence of drugs and alcohol. I’m doing everything I can to keep other families from experiencing our loss.”

The person responsible for Tony’s death was David Hatyina. He was sentenced to ten years in jail after pleading guilty to operating a motorboat while under the influence of alcohol and cocaine. His blood alcohol level while operating his boat was between .09 and .12, which is over the legal limit.

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Texting While Driving…A Bus

 Posted on November 03, 2013 in Criminal Defense

We have all heard that texting while driving is dangerous, and that texting distracts drivers and endangers passengers and other drivers on the road. No one wants their child in a vehicle while the driver is texting or otherwise distracted from the road.

Texting While Driving a BusWhat about a vehicle with a bunch of child passengers and a texting driver? One Florida school bus driver decided to use her cell phone while driving a bus full of middle school students home from school.

A 14-year-old girl pulled out her phone to record her bus driver swearing and yelling at the students, but instead caught the driver texting.

In the video, the driver was shown driving with one hand on the wheel and the other holding her phone, texting. Her eyes were on the phone, not on the road.

ABC news reported on the video in which the bus driver jerked the wheel, apparently after drifting into another lane, and then continued to text.

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