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Recent Blog Posts
Number of People Sent to Jail for Inability to Pay Legal Fines Spikes in Recent Years
A year-long investigation by National Public Radio (NPR) has revealed that more and more people are ending up behind bars because they do not have the funds to pay the ever-increasing fines and court costs associated with criminal cases.NPR completed the investigation with the assistance of the National Center for State Courts and NYU's Brennan Center for Justice. There were more than 150 people interviewed, including, attorneys, prison right advocates, government officials and defendants who were incarcerated, as well as those who were not incarcerated.
One of the many findings the investigation uncovered is that there are many services that used to be free. Many of these services are constitutionally required; however, defendants are now paying for them. Some of these charges include:
- Defendants can now be charged for a public defender in 43 states. Under the landmark case of Gideon v. Wainwright, in 1963, all defendants are guaranteed the right to an attorney, even if they cannot afford one. Under the Fourteenth Amendment of the Constitution, states are supposed to provide counsel.
Standardized Field Sobriety Tests Used by Law Enforcement
When a driver is pulled over by law enforcement on suspicion of driving under the influence (DUI), the police will usually have the driver go through a series of field sobriety tests.There are three standardized field sobriety tests used by police across the country, which were developed at the Southern California Research Institute, with support from the National Highway Traffic Safety Administration (NHTSA). These tests are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS).
When there is a disturbance to the brain’s ability to control eye movements, an involuntary bouncing or jerking of the eye occurs when a person tries to look sideways. This is referred to as nystagmus. Alcohol affects the brain’s ability to control the eye muscle, so a person who has been drinking will show signs of nystagmus. The more the person drinks, the more pronounced are the eye movements. For the HGN test, an officer will hold a penlight about a foot away from a person’s face and tell them to follow the light.
Scientists Say New DNA Testing Will Eliminate False Positive Results
Scientists have developed a new sensitive testing method for detecting specific sequences of DNA. The process, developed at the U.S. Department of Energy’s Brookhaven National Laboratory, was recently published in Chemistry of Materials, which is a peer-reviewed scientific journal.This new DNA testing is much less expensive than other DNA analysis currently in use and does not require pricy equipment to perform. In fact, only one common piece of laboratory equipment, a fluorimeter, is needed. Thus, this makes testing in the field possible. The results are also obtained very quickly with this new test, allowing for the ability of analysis right at a crime scene.
The scientist who developed the test says it can be used for all types of DNA testing, including medical diagnostics and forensic testing. The process can also be used to detect biological agents used in terrorism.
New Study Reveals U.S. Holds One-Fourth of Prisoners Worldwide
A new report, published by the National Research Council, has revealed some shocking statistics about the increase in how many prisoners there are in the U.S. Yet despite the dramatic increases, the report also classifies any effect this country’s policies on crime have had as highly uncertain.According to the report, between the years 1973 to 2009, the number of inmates in this country increased from 200,000 to 2.2 million. Currently, the U.S. has almost 25 percent of the number of prisoners being held worldwide. Yet the U.S. only has five percent of the world’s population.
Although the numbers show that the number of people incarcerated has risen, they also reveal the lack of any consistent pattern in crime rates. In the 35 year time frame the researchers studied, violent crime rates increased and fell several times. In their report, the study’s authors offered this explanation:
When is Spam Illegal?
Almost everyone receives the occasional piece of spam in their email inbox. What many people aren't aware of is that sending these bulk email messages may be considered a computer crime in Illinois.
According to Illinois computer crime law, sending an unsolicited bulk email may be illegal in the state under certain conditions. For example, in many cases the protections but in place by many email and service providers requires the installation of additional computer software in order to send these emails. The law states that installing or attempting to install software that "falsifies or forges electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers" is considered computer tampering, and is illegal.
Illinois Senate Approves Revenge Porn Bill
If you are feeling bitter about a recent breakup, you may want to think carefully before using the Internet to act on those feelings. A common breakup tactic known as revenge porn may soon be considered a computer crime, and a form of harassment and cyberbullying.
According to The DePaulia, on Thursday, February 27, the Illinois State Senate unanimously approved a bill that would criminalize posting sexually explicit photos or videos of another person to the Internet without that person's consent. The bill will now head to the House, and it is expected to be approved.
In addition to making revenge porn a felony offense, the bill also criminalizes charging fees in order to remove the images from a website. The maximum penalty for these offenses, under the bill as it is currently written, would be a $25,000 fine and up to three years in prison. Judges would have the discretion to set lesser penalties.
Illinois to Offer Second Chance Probation for First Time Drug Offenders
First time perpetrators of a drug offense in Illinois may be able to catch a break under a change to several Illinois drug-related laws, including the Illinois Controlled Substances Act, Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections.
According to Illinois HB 3010, anyone who has no prior felony offenses in Illinois or any other state may be able to receive sentence of probation. This change, which took effect on January 1, 2014, applies to any felony offense of a controlled substance punishable as a Class 4 felony for which probation is a possible consequence. This includes possession of methamphetamine. Several other crimes may also be permitted to fall under this change, including:
Distracted Driving in Illinois
As technology has become a larger and larger part of our everyday lives, it has led to a serious issue: distracted driving. One of the most common forms of distracted driving results from using electronic cell phones behind the wheel. However, distracted driving can also include messing around with the radio, eating or drinking, or paying more attention to the passengers in your vehicle than on the road.
According to Illinois State Police, distracted driving is a relevant factor in over 1 million auto accidents in North America annually resulting in serious injuries and deaths. Here in Illinois, there are a few different restrictions regarding distracted driving:
- Ban on all cell phone use for bus drivers;
- Ban on all cell phone use for beginning drivers;
The Basics: School Bus Violations in Illinois
According to the National Highway Traffic Safety Administration, school busses are the safest way to transport children across the country to school. The agency estimates that there are 450,000 school busses around the country helping children get to and from school each day.
Although school bus procedures and designs are created to help promote safety, there's still a lot of misunderstanding about the severity of school bus stop violations. Although some individuals believe these are minor offenses, they can be taken very seriously as criminal charges in Illinois.
The majority of children killed in between school and home are not injured or killed inside the bus. The area around the bus where children board and exit is known as the death zone because of the high risk faced by children.
The most dangerous time for accidents is when smaller children are loading or unloading, and despite traffic laws regarding school bus zones, research indicates that there are violations of these rules on a regular basis. A study from the National Association of State Directors of Pupil Transportation conducted a test earlier this year where they counted 85,279 stop-arm violations during one day.
Illinois Police Increase Effort to Catch Drivers Passing School Buses
Students have been back to school for a few months now, but sometimes it is difficult for drivers to remember that it is illegal to pass school buses in certain situations. The Illinois State Police are making efforts to remind drivers that penalties are associated with these behaviors and that police have been instructed to keep an eye out for violators. If you have been pulled over and charged with illegally passing a school bus, you should hire a criminal attorney to represent you as soon as possible.
The Illinois State Police have launched their Drive Home School Safety Zone messages across the state after numerous school bus drivers reported drivers violating the laws on a regular basis. Local police officers partnered with state law enforcement to patrol school areas during arrival and departure times to monitor activity and catch possible offenders.
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From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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