Posted on June 08, 2015 in Miranda Rights

Over and over again on television dramas, the case is resolved with the arrest of a suspect while the arresting officer recites the familiar words, “You have the right to remain silent.” Most people are familiar with the idea of Miranda Rights, but many do not clearly understand what they represent or how they came to be such an important part of the legal process.

Why are They Called “Miranda” Rights?

The warnings that so many associate with the arrest of a suspect take their name from a Supreme Court decision dating back to 1966. In that case, a man named Ernesto Miranda was arrested on suspicion of kidnapping, robbery, and rape. During interrogation, Miranda eventually confessed to the crimes and was convicted. He appealed on the grounds that his confession was not voluntary and that no attorney was present during questioning. The United States Supreme Court ultimately agreed and overturned Miranda’s initial conviction. Miranda would later be retried without the confession being permitted as evidence and was convicted again.

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 Posted on June 03, 2015 in Juvenile Crime

With a new policy in place aimed at improving the rehabilitative success of its juvenile system, Illinois has become the 20^th state in the country to end the practice of solitary confinement for inmates of juvenile facilities. The policy was the result of a settlement in lawsuit filed against the state by the American Civil Liberties Union (ACLU) which sought to improve the conditions and practices regarding juvenile inmates.

The original lawsuit, R.J. v. Jones, was a class-action suit filed in 2012 by the ACLU on behalf of five juvenile inmates against the Director of the Illinois Department of Juvenile Justice (IDJJ). The suit claimed that the IDJJ failed to provide appropriate mental health and educational services to those incarcerated in juvenile facilities. It also maintained that inmates were subjected to solitary confinement and violent conditions within the facilities.

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 Posted on June 01, 2015 in Criminal Defense

Virtually everyone who uses social media is familiar with the idea of a “Facebook rant.” Many have probably even posted their own from time to time. While most such rants are generally written off as an individual venting or blowing off steam, they can sometimes be interpreted much more seriously. This was exactly the situation for a Pennsylvania man five years ago who was convicted on four counts of transmitting threats via the internet. The United States Supreme Court, however, recently ruled that the intent of the person making such threats must be considered when prosecuting such charges.

The case Elonis vs. United States has its origin in a domestic dispute from several years ago. After his wife left him, taking his children with her, an Allentown, PA, man named Anthony Elonis took to Facebook. His posts were violently explicit, often imitating the styles of rappers and hip-hop artists. Some posts even made specific mention of his First Amendment rights to free speech. While he maintained that his posts were a therapeutic form of art, he was convicted of transmitting threats on the grounds that a reasonable person would take his words and thoughts seriously.

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 Posted on May 29, 2015 in Uncategorized

Being arrested and charged with driving under the influence (DUI) in Illinois can be embarrassing and frustrating, but you do have rights during this process. Sometimes, unfortunately, law enforcement officers may take advantage of your confusion or shock and are not upfront about making your rights clear to you. This is why you need an attorney as soon as possible after DUI charge to discuss your case with an experienced professional.

You do have the right to refuse testing of your urine, blood or breath in Illinois. It is extremely important to know, however, that opting for this may result in immediate consequences. By operating a motor vehicle within the state, the law in Illinois assumes that you have granted your implied consent to comply with requested chemical testing. If you decide not to participate with the test, you may face a suspension of driving privileges for one year for your first refusal, with relief programs available after 30 days. A second refusal will result in a three-year suspension of driving privileges with no eligibility for driving relief programs.

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 Posted on May 26, 2015 in Criminal Defense

While the approved medical use of marijuana has been technically legal in the state of Illinois for almost a year and half, other legislation has made its way through Springfield that would decriminalize low-level possession for all residents. Last week, the Illinois Senate approved a measure that would make possessing small amounts of marijuana punishable as a civil offense, similar to a traffic ticket, rather than a criminal violation.

After getting through the state House last month, the bill was approved in the Senate by a vote of 37-19. It is not, however, ready for Governor Bruce Rauner’s signature yet, as sponsors indicate approval of some final cleanup language is needed first. If ultimately approved, Illinois would become the 18^th state to officially decriminalize low-level marijuana possession.

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 Posted on May 21, 2015 in Criminal Defense

With high-profile criminal prosecutions regularly capturing national attention and the intense dramatization of courtroom proceedings on television shows and movies, many may be led to believe that every criminal charge will play out in an oak-paneled room, in front of a duly-appointed judge and jury. The reality is, however, that less than ten percent of criminal cases ever reach trial, and in federal cases, only around three percent will ever be tried. Instead, the vast of majority of criminal proceedings are resolved by means of a plea bargain.

What is a Plea Bargain?

A plea bargain, in effect, is a negotiation between prosecutors and a defendant, which seeks to reach a resolution to the case without requiring a trial. During the process, a defendant generally will agree to plea guilty to the specified charge or a lesser charge in exchange for a lighter sentence and/or cooperation with the prosecution of related cases. The Illinois Supreme Court mandates that any plea bargain must be voluntary on the part of a defendant who clearly understands the charges and associated penalties.

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 Posted on May 19, 2015 in BAIID

Did you know that if you are charged with driving under the influence (DUI), your driving privileges will be suspended, regardless of the outcome of the case? For a first-time offender, your license is automatically suspended for six months if you fail a blood-alcohol content (BAC) test, and 12 months if you refuse such a test. In addition, the Illinois Office of the Secretary of State can revoke your license until the conclusion of your case and beyond, depending on the final disposition. During your suspension, however, there may be measures of relief available to you that allow you to continue legally driving to work or school, and to provide for your family.

The most commonly used avenue of relief in Illinois is the Breath Alcohol Ignition Interlock Device (BAIID) Program. To qualify for the BAIID program, an offender is required to file an application with the Office of the Secretary of State to obtain a Monitoring Device Driving Permit, or MDDP. This permit allows a first-time DUI offender the opportunity to retain driving privileges during the statutory suspension of his or her license. Participation in the program is not mandatory, but declining the MDDP completely prohibits an offender from driving for the duration of his or her suspension.

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 Posted on May 14, 2015 in Criminal Defense

The laws regarding search and seizure of evidence can often be very confusing. It can be difficult for the average citizen to remember if law enforcement must obtain a warrant before searching a particular piece of property, such as a home, vehicle, or even a purse or wallet. Unfortunately, there are law enforcement officers who take advantage of the average person’s uncertainty regarding their rights by heavily implying or even stating outright that a requested search is not only legal, but that his or her compliance is mandatory. A decision by the United States Supreme Court last summer, however, established a definitive line regarding the search of cell phones incident to an arrest, specifically requiring law enforcement to obtain a warrant before conducting a search.

Two High Profile Cases

The issue before the high court was based in part on a case called Riley v. California, in which a young man had appealed an enhanced sentence based on information found on his cell phone. His vehicle had initially been impounded for traffic violations and a legal search of the vehicle found illegal weapons, leading to the man’s arrest. A subsequent search of his phone connected him to criminal gang activity, and as a result, additional charges were added and his sentence increased.

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 Posted on May 12, 2015 in Traffic Violation

With the summer driving season rapidly approaching and the school year winding down, many in Illinois cannot wait to take to the roads in search of fun, relaxation, and leisure. The travel season, however, is not without its share of dangers, as many drivers, and in particular, young drivers, may be too focused on seeking excitement than adhering to the rules of the road. While certain offenses, like failing to come to a complete stop at a stop sign, may seem relatively insignificant, the reality is that any traffic violation can be a serious matter. Certain violations, such as aggravated speeding, are even subject to criminal prosecution under Illinois state law.

Definition of Aggravated Speeding

Many drivers justify speeding with claims that they are still driving safely. However, speed limits for a particular segment of roadway are established based on the features and conditions that impact the safety of motorists. Therefore, exceeding the speed limit places not only the speeding driver at risk, but those around him or her. A momentary lapse in attention or an unforeseen object in the road can lead to a deadly accident.

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 Posted on May 07, 2015 in Uncategorized

Investigators are currently searching for the individuals responsible for a brutal attack inside a Manhattan eatery earlier this week. Two men were attacked at a Chelsea neighborhood barbecue restaurant in what many are considering a hate crime, apparently motivated by the sexual orientation of the victims. The incident was captured on cell-phone video by another patron in the establishment, leading friends and authorities to seek the public’s help in identifying the assailants.

Hate Crimes

While this particular incident occurred in New York City, accounts of such actions come from all over the country on a regular basis. In the Chicago area alone, more than 40 cases have been prosecuted by the Cook County state’s attorney under the Illinois hate crime statute since 2011.

What makes a hate crime different than any other type of crime is the motivation of the perpetrator. The United States Department of Justice (DOJ) has defined hate crime to be “the violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religion, sexual orientation, or disability.” Illinois is among the 41 states which, along with the District of Columbia, have enacted laws specifically dealing with hate crimes. These statutes allow for increased prosecution and more severe criminal penalties for crimes committed with such intent and motivation.

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