630-260-9647
Recent Blog Posts
Probable Cause, Arrest Required Before Taking DUI Blood Sample
Illinois’ implied consent law puts you at a disadvantage when you have been arrested on suspicion of driving under the influence of alcohol. According to the law, all drivers have consented to submit to a blood alcohol concentration test by providing a blood or urine sample. A police officer cannot physically force you to provide a sample, but refusing may lead to additional charges. Police do not need your permission to take a blood sample from you while you are unconscious if there is probable cause that you were involved in a DUI incident. Despite these legal advantages, police may still skip the required steps in obtaining a BAC test sample, which allows you to request that the test results be dismissed from evidence.
Recent Example
In People v. Pratt, an Illinois court determined that the BAC test results from a fatal crash were inadmissible in a DUI case. The defendant had crashed his vehicle into a tractor-trailer, killing a passenger in his vehicle and injuring himself. An officer at the scene testified that the man was incoherent when responding to questions and an open bottle of alcohol was in the back seat of his car. A police chief contacted an off-duty detective, asking him to obtain a blood sample from the defendant at the hospital. The detective asked a nurse to draw the blood sample because the defendant was unconscious.
Law Enforcement Needs Warrant to Seize Digital Data
Your digital devices may hold crucial evidence in a criminal case against you. Your data is the key evidence if prosecutors are accusing you of committing a computer crime, such as:
- Possessing or distributing child pornography;
- Soliciting sex from a sex worker or minor; or
- Stalking or harassing someone electronically.
Other digital records can be evidence of your intent to commit a crime through your communications with others. The fourth amendment to the U.S. Constitution protects your digital devices and data from illegal search and seizure. Law enforcement must have a valid warrant in order to access your digital records as evidence for the prosecution.
Contesting a Warrant
In order to receive a warrant, law enforcement must establish that there is probable cause that you committed a crime and that searching your property may uncover evidence of the crime. For computer crimes, probable cause may come from alleged illegal activity that can be traced back to your Internet Protocol address. For other charges, law enforcement must show that there is a high probability that your digital devices contain evidence related to your charge. You have multiple grounds for contesting the validity of a warrant, such as:
How States Restrict Recreational Marijuana
Illinois laws treat marijuana differently as compared to other illegal substances. Medical marijuana is legal, and lawmakers have decriminalized possession of a small amount of marijuana. With several states having already legalized recreational marijuana, Illinois seems likely to follow suit at some point. However, these states heavily regulate recreational marijuana use because of the perceived public safety risks associated with being high. Marijuana-related arrests continue as the public and law enforcement figure out the new laws. Here are five restrictions that states use when they legalize recreational marijuana:
- Possession Limits: States put limits on how many grams of marijuana you can have, which can vary depending on whether it is in flower, liquid, or edible form. The amount you can possess in public is much less than what you can possess at your private residence. Being caught with an ounce more than the legal limit is usually a petty offense, but possessing large amounts of marijuana can be a misdemeanor or felony.
Courts Correct Police Error on Left Turn Law
Many drivers have learned that they should stay in the left-most lane after making a left turn at an intersection and onto a different street. A wider left turn that puts you into the far lane of traffic could be dangerous if an oncoming vehicle decides to make a right turn into the same lane. However, do you know whether this is a traffic law or a safe driving practice? The answer is consequential if a police officer stops you for making an illegal left turn and finds other violations that result in your arrest. An Illinois appellate court recently upheld a circuit court ruling that said that such left turns are not illegal under Illinois law.
Case Details
In the case of People v. Walker, an officer stopped the defendant for making an improper left turn because the defendant had turned into the far right lane instead of the near left lane. As a result of the stop, the driver received a ticket for driving while his license was revoked. The defendant asked the court to suppress the evidence because the officer lacked a reasonable suspicion that the defendant had committed a traffic violation before the stop. The sides were not arguing about the facts of the case but the interpretation of the Illinois traffic law, which states:
Four Things to Avoid Doing During a DUI Stop
There are several ways that you can contest a driving under the influence charge when you are in court. The officer must have a reasonable suspicion that you are violating the law in order to stop you and probable cause that you are intoxicated in order to arrest you. A lack of a warrant to search your vehicle or evidence that you were intoxicated can lead to your acquittal or the dismissal of the charges. However, the prosecution can use your decisions during your stop and arrest as evidence against you. You can unintentionally incriminate yourself based on what you say or do. Here are four things that you should avoid doing during a DUI stop:
- Being Hostile Towards the Officer: You may be upset or frustrated that the officer stopped you, but refusing to cooperate from the start will make the officer more suspicious. You should remain calm, provide the documentation that he or she asks for and respond to his or her questions. Failing to cooperate with the officer could result in an obstruction of justice charge that also reflects poorly on your DUI defense.
High-Profile Assault Case Becomes Hate Crime
A Chicago man was recently charged with a felony hate crime and misdemeanor assault and disorderly conduct stemming from his recorded confrontation with a woman wearing a shirt depicting the flag of Puerto Rico. Shot from the alleged victim’s perspective, the video showed the man approaching and berating her for her shirt, saying that she should wear a shirt with a U.S. flag if she is a U.S. citizen. The misdemeanor charges would be punishable by as many as 30 days in jail and a fine of as much as $1,500. The felony charge could result in two to five years in prison.
Assault Charge
The man never touched the woman, but prosecutors believed his actions qualified as assault. Illinois’ legal definition of assault is conduct that makes the victim reasonably believe that he or she may be at risk of bodily harm. The video shows the man to be:
- Initiating the confrontation despite the woman’s repeated request to be left alone;
Illinois Court Overturns Law for Weapon Possession Near Schools
In the February case of People v. Chairez, the Illinois Supreme Court ruled that a state law banning the possession of a weapon within 1,000 feet of a public park was unconstitutional. Parks were part of a list of public places that have such a ban, and the supreme court stated that its decision did not affect the other properties on the list. However, criminal defense professionals predicted that the decision could be used as a guideline for similar weapon possession cases involving the other protected properties. It did not take long for this to occur, as an Illinois appellate court recently ruled that the 1,000-foot weapon ban outside a school is also unconstitutional.
Case Details
In People v. Green, a high school teacher observed a man in a security uniform who was allegedly wearing a holstered gun and standing outside a van across the street from the school. An assistant principal walked across the street to ask the man who he was and express his safety concerns. The man identified himself as a security guard. The teacher called the police, reporting that there was a man with a gun near the school. When the police officer arrived, the man was seated in his vehicle, and his holster was empty. However, the officer found the gun and ammunition after searching the vehicle. The man was charged and later convicted of two counts of unlawful use of a weapon for possessing a loaded weapon on a public street and within a vehicle. Because the incident happened within 1,000 feet of a school, the conviction was a class 3 felony, and the man was sentenced to one year of probation.
Is Proposed Carjacking Law Too Burdensome?
Chicago area police departments are reporting an increase in carjacking incidents during the last two years, particularly amongst juvenile offenders. They believe that Illinois’ criminal laws are contributing to the problem because police often only have enough evidence to charge suspects with misdemeanor trespass to vehicle, instead of felony possession of a stolen motor vehicle. The suspects are usually released within 24 hours, which allegedly allows them to commit the crime again. The proposed legislation would make it easier for police to bring a felony charge against a suspect and detain juvenile suspects for longer periods. The Illinois Senate has already unanimously passed the bill. However, civil rights advocates fear the new law would lead to more felony charges against non-violent offenders.
Law Details
Whether a suspect is charged with vehicle trespass or possession of a stolen motor vehicle depends on whether police have any evidence that the suspect knew the vehicle was stolen. If there are witnesses to the theft, they may be unable to identify the offender because of how quickly the incident occurred or if the offender was wearing a mask. The new law would assume that a suspect is aware that a vehicle is stolen if:
Domestic Violence Accusations Can Damage Your Reputation
Domestic violence charges brought against you can be resolved with little or no legal consequences. Prosecutors may drop the case due to a lack of evidence or a court may find you not guilty of the charge. Unfortunately, accusations of domestic violence can be enough to damage your reputation. Some people will jump to conclusions about your character without knowing the facts of the case. Even if you are never convicted, they may decide that you must have been guilty of some wrongdoing because you were charged. Clear vindication from your domestic violence accusations is the best way to restore your reputation.
Lack of Privacy
It can be nearly impossible to keep knowledge of domestic violence charges against you private:
- Your work may require you to tell them about any criminal charges against you;
Illinois Lawmakers Consider Trying Young Adults in Juvenile Court
Members of the Illinois House of Representatives have proposed legislation that would allow young adults to be tried in juvenile court. The bill would amend the Illinois Child and Family Services Act to change the definition of a delinquent minor:
- Starting in 2019, a delinquent minor would include anyone who committed a misdemeanor before the age of 19; and
- Starting in 2021, the age limit would expand to anyone who committed a misdemeanor before the age of 21.
Judges would be allowed to decide whether defendants ages 18 to 20 should appear before an adult or juvenile court. The goal of the legislation is to reduce the recidivism rate of younger offenders who may be legal adults but are still maturing mentally.
Benefits
Civil rights groups criticize the prison system for creating career criminals. Younger offenders are locked up with little concern for how they will start a new life upon their release. With limited job skills and a criminal record, some former convicts return to the criminal behavior that initially got them arrested. Going through the juvenile court system has many advantages because the goal is to rehabilitate the offender:
630-260-9647
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.
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.
