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Recent Blog Posts
Defining Sexual Assault in Illinois
Sexual assault is not defined as just rape or forced sexual activity. There are several types of sex crimes that one can be accused of. Also, some people are all too aware that accusations of sexual assault can lead to serious legal consequences and even ruin someone's life. It is important to contact an experienced criminal defense attorney if you have been falsely charged with a sex crime.
Different Types of Sexual Assault
One form of sexual assault is acquaintance or date rape. This is sexual assault perpetrated between two people who know each other. They were perhaps out together with the understanding that their relationship had the potential to move in the direction of physical intimacy.
Date rape occurs when one party decides that he or she is not ready for physical intimacy, but the other person—oftentimes because of the mutual understanding of the potential future of the relationship—does not take no for an answer.
Speeding Through School Zones
School zones pose specific dangers for drivers on the road. No matter what state, driving through a school zone will require the driver to slow down considerably when school is in session, and also require the driver to be aware of and adhere to other driving laws as well. School zones were established in an effort to make the area surrounding the school safer for children walking around the premises. In many instances, school zone laws may seem archaic, as very rarely do children walk to school anymore—though the laws regarding school zones are very much still in effect.
Illinois Laws on Speeding
In Illinois, the law requires that all drivers slow down to 20 miles per hour when driving through a school zone. This stipulation is in effect from 7am until 4pm, when school is in session, though Illinois allows that drivers do not have to slow all the way down to 20 mph if all the children are inside the building for classes.
Online Solicitation of a Minor
The days of luring a child into an unmarked van as a parent’s greatest fear when it comes to the sexual exploitation of children are long over. A groundbreaking study by the University of New Hampshire revealed that an astounding 13 percent of young people were sexually solicited by an adult online—and that not all these adults were necessarily classified as "online predators."
An online predator is someone who acts on the solicitation, who seeks sex, for example, with a minor or who attempts to meet with the minor in person. Online solicitation, conversely, is the act of convincing a young person to chat online about sex or to share personal or vulgar information, such as a bra size, for example.
Internet Sex Crimes
One of the strangest findings in the study is the fact that the victims of such solicitation were rarely shaken by the exchange: two-thirds of children surveyed who had been victims of online solicitation did not view the situation as threatening or serious. Additionally, almost all children who had experienced such behavior were savvy enough to end the exchange easily and effectively. In the same way that the Internet is opening up new threats for children, children themselves are learning how to anticipate and react to such threats at the same pace.
Refusing a BAC Test: Know the Risks
Over the last several weeks, police departments around the country set up thousands of sobriety checkpoints in an effort to reduce the number of drunk drivers on the road. As part of the National Highway Traffic Safety Administration’s (NHTSA) Drive Sober or Get Pulled Over campaign, the effort included more than 10,000 local and state police agencies, including many in northern Illinois. If you were stopped at one of these recent checkpoints, you may have been asked to submit to breathalyzer testing to check your blood alcohol content (BAC). No matter how much you have had to drink, your refusal to submit to BAC testing can have serious consequences.
Implied Consent in Illinois
By driving a motor vehicle on Illinois roadways, the state's vehicle code presumes that you have granted implied consent to submit to requested chemical testing. Such testing may be done a preliminary basis to establish probable cause, or subsequent to an arrest on suspicion of driving under the influence, or DUI. While you cannot be criminally prosecuted specifically for refusing a BAC test, there are other applicable penalties that may be imposed.
Governor Rejects Marijuana Bills, Sends Amendments Back to Legislature
Late last week, legislative efforts to loosen the state's policies on marijuana were temporarily derailed as Illinois Governor Bruce Rauner used his amendatory veto power to send two bills back to the House and Senate. Both measures addressed the legality of marijuana to an extent, each taking aim at separate issues. State lawmakers must now decide whether to accept the governor’s changes or to start over with fresh legislation.
Delayed Decriminalization
Of the two bills, the one with the larger expected impact sought to decriminalize low-level possession of marijuana to a petty offense. Under current law, marijuana possession is a misdemeanor criminal offense, punishable by prison terms and large fines. The measure, originally introduced in the House by Chicago Democrat Kelly Cassidy, would have made possession of up to 15 grams of marijuana an offense similar to a traffic ticket, subject to a fine of $55 to $125.
Sign and Drive: A Step Forward for Illinois Drivers
When you have been pulled over for a traffic violation, there are probably about a dozen different thoughts going through your mind. What did I do? How much will this cost me? Will I lose my license? All of these questions are perfectly understandable in such a situation. Depending on the violation, of course, the impact to your wallet and driving record may certainly be fairly serious. However, thanks to Illinois’ new Sign and Drive law that took effect this year, your license can no longer be taken as bail during a roadside traffic stop.
Old Rules
Prior to the law taking effect, a law enforcement officer could confiscate your driver’s license on the spot if you were pulled over for most traffic violations. The old laws required drivers cited for traffic offenses to post bail ensuring they would pay their fine or appear in court to contest the ticket as necessary. This left most drivers with three options: pay $75 at a police station, present a bond card (often available from an insurance carrier), or surrender their drivers’ license. According to reports, however, some drivers were not given a choice at all, and their licenses were confiscated.
Proposed Legislation Would Change Campus Sex Crime Jurisdiction
A new measure has been proposed in the Illinois House that would change the way in which sexual assaults are investigated on college campuses. The bill was drafted in response to a number of high-profile cases involving campus sex crimes that university police and administrators have been accused of mishandling.
In late March, Representative David Harris, R-ArlingtonHeights, introduced House Bill 3520, known as the Investigations of Sexual Assault in Higher Education Act. In drafting the bill, Rep. Harris hoped to address growing concerns that police departments on public university and community college campuses may be hamstrung in their efforts to effectively investigate sex crimes occurring in their jurisdiction. His proposal would make local law enforcement officials, such as municipal police departments and county sheriffs, responsible for the investigation of such crimes.
Thieves May Use Booster Bags in Shoplifting
When most people think about shoplifting, the first thing that comes to mind may be a young person slipping a candy bar or other small item into his or her pocket and walking out of a store. While such a scenario certainly does represent a common form of retail theft, the reality is that shoplifting has evolved into a much more advanced problem. It frequently involves people of all ages and increasingly complex tools and techniques designed to help them illegally obtain merchandise without paying full retail price. One of these tools is called a booster bag and the use of such bags is becoming a large problem for retailers in the battle against shoplifting.
In many retail establishments, most items, and particularly those that are likely to stolen, are tagged with some sort of security device. The device is paired with a detector stationed near the store exits that identify still-active devices on merchandise before it leaves the store. Many security tags are hidden in packaging or affixed to an item in such a way that makes it difficult for a would-be thief to remove without being noticed or permanently damaging the product. Obviously, this is intentional and, in many cases, provides a decent level of protection against theft.
Proposed Law Offers Pardons for Underage Drinkers Who Call 911
Between 2008 and 2012, the Illinois Department of Public Health reported that there were nine underage alcohol-induced deaths in the state. This number included only alcohol overdoses, and did not consider the potentially hundreds of deaths caused by other means in which alcohol may have played a role, such as drunk-driving auto accidents. The loss of life due to underage drinking is certainly tragic, and Illinois lawmakers are taking measures aimed at preventing future deaths.
State Representative Scott Drury, D-Highwood, sponsored a bill which passed the Illinois House last month, and was recently introduced in the state Senate. The measure would provide a level of legal protection for underage drinkers who call 911 to help a friend in danger of overdrinking. Nearly two dozen other states have enacted similar legislation, sometimes called Good Samaritan 911 laws, and Illinois law currently provides such protection in drug overdose situations.
Illinois Law Limits Employment Related Criminal Background Checks
As mentioned briefly in a previous post, legislation went into effect this year in Illinois aimed to help job-seekers overcome past mistakes by limiting background checks in the application process. Last summer, the Job Opportunities for Qualified Applicants Act was signed by then-governor Pat Quinn. The law restricts employers or their agents from checking an applicant’s criminal history prior to a determination that the applicant is qualified for the position. Illinois is now the fifth state in the nation to have passed such a law.
For employers who conduct interviews, the new law means a criminal background check may not be conducted on an applicant before he or she is extended an interview offer. An employer who forgoes the interview process must make a conditional offer of employment prior to inquiring about an applicant’s criminal history. The law applies to private employers with fifteen or more employees. Illinois law already prohibits government agencies from inquiring about an applicant’s criminal history on initial job applications.
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