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What You Should Know About Firearms and Weapons Charges in Illinois
In the United States, the right to own and carry a firearm is protected under the Second Amendment of the Constitution. However, there are certain acts and situations that may cause you to lose your right to own or carry a firearm. In addition, you could face criminal charges if you use a weapon to threaten someone or in the commission of another crime. A qualified criminal defense attorney can help you learn what you need to know about guns and weapons charges in the state of Illinois.
Not All Weapons Are Guns
While most weapons charges result from the illegal use or possession of a gun, not all are connected to a firearm. In fact, almost any object can become a weapon, depending on the circumstances. Examples could include everything from knives, swords, and switchblades to stun guns and brass knuckles. Use of these or any other dangerous weapons can lead to a criminal weapons charge under Illinois law.
Should I Testify in My Criminal Trial?
When you have been charged with a crime and your case is set for trial, you and your attorney will need to decide if you are going to testify on your own behalf. This decision will need to take into account a variety of ethical and strategic considerations, including the nature and severity of the crimes for which you have been charged. Deciding to testify in a murder trial, for example, is much different from deciding to testify in a trial for theft or burglary. As you and your lawyer approach this decision, it is critical to understand how the choice can affect your case.
Constitutional Rights and Protections for Criminal Defendants
As a criminal defendant, you have the right to due process of law as promised by the Fourteenth Amendment to the U.S. Constitution. You also have the right to face your accusers under the Sixth Amendment. Taken together, these rights have been interpreted in case law as giving you the right to testify in any criminal proceeding against you. Nobody involved in the case can keep you from testifying if you wish to do so, including the judge, the prosecutor, or even your own attorney.
Illinois Set to End Cash Bail by 2023
Last month, Illinois lawmakers passed legislation that would eliminate the use of cash bail in criminal courts throughout the state. The measure, which is now awaiting the expected signature of Governor J.B. Pritzker, is being touted by supporters as a strong step toward creating a more equitable justice system for Illinois residents of all races and socioeconomic backgrounds.
Understanding How Bail Works in Illinois
When a person is arrested and charged with a crime, he or she is generally required to make an appearance in front of a judge in a preliminary hearing. This usually happens within 48 hours of the arrest. At this hearing, the judge will consider the details of the alleged crime and determine if the probable cause presented by law enforcement was sufficient to justify the arrest. If the offense in question is a misdemeanor, the suspect is likely to be given a date for the next required court appearance and released on his or her own recognizance. If the offense is a felony, the next appearance will be scheduled, and the judge must then determine the bond conditions on which the suspect may be released.
Avoiding Criminal Charges After a Routine Traffic Stop
Routine traffic stops for minor violations, like driving with a faulty tail light, failing to properly signal a turn, or exceeding the posted speed limit, are common occurrences, and in most cases they result in a ticket and fine, or even just a warning. However, sometimes what starts as a routine traffic stop can result in much more serious criminal charges, including for driving under the influence (DUI) or illegal possession of drugs, weapons, or stolen property. If you are stopped by a law enforcement officer, it is important that you understand your rights.
Common Misconceptions About Traffic Stops
Many people believe that they are required to answer an officer’s every question and consent to their every request during a traffic stop. A person’s natural instinct may be to cooperate, and they may even hope that the officer will let them off with just a warning because they were so polite. The reality, however, is that anything you say to the police officer could become evidence used against you later in court. In addition, your statements could give the officer probable cause to arrest you for a more serious offense, or to search your vehicle.
Executive Order Will Phase Out DOJ’s Use of Private Prisons
In the first few weeks of his administration, President Joe Biden has taken a number of steps toward keeping promises that he made on the campaign trail. To date, President Biden has signed more than two dozen executive orders, already approaching Franklin Roosevelt’s record of 30 executive orders in the first month of his administration. The president’s efforts of late have been directed toward social and racial justice concerns, including a noteworthy executive order that will phase out the use of private federal prisons by the Department of Justice.
Changing the “Whole Approach”
Last Tuesday, President Biden issued an executive order that directs the Attorney General and the Department of Justice to end their association with privately run, for-profit prisons. As part of the order’s directives, existing contracts with private prisons will continue to be honored, but the Attorney General has been instructed not to renew such contracts when they expire.
Understanding the Federal Offense of Perjury
Most people have at least heard of perjury, and you probably realize that being accused of perjury is a serious matter. You might know that perjury means lying under oath, but did you know that it is a federal crime? There are a number of federal statutes that address and criminalize perjury and related false statements, but two, in particular, are used most often to prosecute perjury. Section 1621 of Title 18 of the United States Code is commonly used to prosecute perjury before administrative, legislative, and judicial bodies, while Section 1623 of Title 18 addresses false statements made before grand juries and federal courts.
While there are differences between these two statutes and their applicability, the overall definition of perjury remains largely the same. It may seem like a simple definition, but prosecutors must prove several distinct elements to obtain a conviction on perjury charges.
What You Should Know About Presidential Pardons
In the last few days of his presidency, President Donald Trump issued more than 140 pardons and commutations to individuals throughout the country. The list of those who received executive clemency includes high-profile musical artists, criminal justice activists, and people who were serving long prison sentences for relatively low-level federal offenses. But, where does the president get the authority to issue presidential pardons, and are there limits on who can receive executive clemency?
Pardons in the U.S. Constitution
Article II of the U.S. Constitution addresses the executive branch of the United States government, namely, the office of President of the United States of America. In Section 2 of Article II, the Constitution states that the president “shall have Power to Grant Reprieves and Pardons for Offences [sic] against the United States, except in Cases of Impeachment.” In short, this means the president has the authority to grant clemency to any individual who has been convicted of, or who is or might be under investigation for, a federal crime unless the individual in question is facing impeachment from public office.
Illinois Businessman Faces Federal Charges Related to U.S. Capitol Riots
The nation looked on in horror as a protest in the nation’s capital turned violent and destructive last week, leading to a number of injuries and widespread damage to one of America’s most iconic buildings. Thousands of protestors gathered in front of the U.S. Capitol building in Washington, DC, on January 6 as lawmakers were assembled to certify the results of November’s presidential election. According to various news outlets, the protest turned destructive as hundreds of people managed to get past Capitol security and into the building itself.
In the days that followed, authorities announced the filing of federal charges against a number of the people who were allegedly involved. Among the first 13 arrested on federal charges was the CEO of a Chicago-area tech company who is now facing at least three federal charges for his alleged actions last week. Several dozen others were arrested and charged with unlawful entry and curfew violations in Washington, DC Superior Court.
5 Ways to Prepare for Your Federal Criminal Trial
It is normal to feel nervous before your appearance in court when you are facing criminal charges, especially if the case is being handled in federal court. It is important to prepare yourself for trial because judges will not take kindly to a defendant who is not acting in accordance with expected decorum or who comes unprepared. Preparing for a federal criminal trial requires prior planning, and working with an experienced attorney offers significant benefits. Here are a few ways you can get ready for your criminal trial:
#1. Prepare Your Evidence
One of the most crucial elements of your defense is evidence that you bring to the trial that supports your claim of innocence. Evidence can be in two forms: witness testimony and exhibits. Witnesses can be people who keep records relevant to the case, experts who are qualified to give an opinion about a certain part of the case, or any other people who have relevant information about the case. Exhibits are items that support your side of the case. These things can include documents or other items used to prove your point or disprove the prosecution’s point, records, or photographs. Your attorney will be able to help you prepare the evidence.
What You Should Know About Online Sex Crimes
The issue is not new and is, in fact, as old as the internet itself, but sexually-based crimes committed on the internet have garnered more professional and social attention as of late. The most notorious internet sex crimes—and the most commonly perpetrated—are the production and dissemination of child pornography. There are, however, many other types of online sex crimes as well.
For example, soliciting chats of a sexual nature from any vulnerable person, including a child or anyone who is unable to make the decision for him or herself, is considered an Internet crime. Inappropriate solicitation can take the form of asking the person to send a sexual photo of him or herself, or asking a minor to meet somewhere with sexual intentions.
The Prevalence of Online Sex Crimes
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