Most of us have been pulled over by police while driving at least once or twice in our lives. It can be an upsetting ordeal. While the police officer is processing your identification and deciding what action to take regarding the traffic stop, he or she may ask to search your vehicle. What are your […]
What Are My Rights Regarding a Police Search of My Car? Read More »
If you have been arrested and charged with driving under the influence (DUI), you may soon be required to install a breath alcohol ignition interlock device. These devices are designed to prevent individuals who have previously been convicted of a DUI from driving under the influence of alcohol. There are many questions surrounding ignition interlock
Frequently Asked Questions About Breath Alcohol Ignition Interlock Devices Read More »
In 1966, the Supreme Court case Arizona v. Miranda established that suspects taken into police custody to be questioned must be informed of their constitutional rights against self-incrimination. In the case, Ernesto Miranda was taken into custody for kidnapping and rape charges and confessed to them before he was told he had the right to
The Importance of Miranda Rights in Criminal Cases Read More »
Have you heard horror stories about people who were merely accused (but not yet convicted) of a drug crime, and the police immediately seized their houses, cars, cash, and everything else of value that they owned? These “drug asset” seizures can leave innocent family members homeless and without transportation, while providing incremental funding to law
Drug Asset Seizures: Can the Police Take Everything? Read More »
Many people do not realize is that driving is a privilege, not a right. There is no federal or state constitutional rule that says you must be allowed to drive. In Illinois, there are many reasons why a person can lose their driving privileges. We take our driver’s license for granted and often do not
7 Reasons You Could Lose Your Driver’s License in Illinois Read More »
Someone who committed a crime ten or twenty years ago will still have that conviction on their criminal record, even after they have been fully released from prison, probation, and/or parole. While some criminal convictions can be sealed or expunged from your criminal record (preventing them from showing up on background checks for employment and
How a Governor’s Pardon Can Clear Your Criminal Record Read More »
According to Illinois law, a person can be charged with a hate crime when he or she commits certain offenses and is motivated by the actual or perceived characteristics of another person or a group of people. These characteristics include race, color, religion, gender, sexual orientation, national origin, and disability status. The offenses that can
Man Charged With Hate Crime for Harassing Woman Wearing Puerto Rico Flag Shirt Read More »
A college student was shot by three police officers July 12 after he was repeatedly told to lower his weapon. The man, a student at the University of Illinois, was shot in the leg after he pointed what was at the time thought to be a handgun at police and was given multiple warnings to
College Man Shot By Police After He Refuses to Put Down Gun Read More »
When a criminal defendant is presented with a possible plea bargain, one of the primary incentives to accept the agreement is a reduced sentence in exchange for pleading guilty. This means that refusing the agreement requires the defendant to risk a more severe sentence if he or she is found guilty at trial. The difference
National Defense Bar’s Report Highlights the “Trial Penalty” Problem Read More »
How to legally travel with their firearms, particularly their concealed carry handguns, is a serious concern for thousands of Illinois residents and visitors. Roughly 1.5 million Illinois residents have a Firearm Owners ID (FOID) card, and over 243,000 now hold a Concealed Carry License (CCL). Nationwide, over 16 million concealed carry permits have been issued.
Traveling with Firearms: Rules for Illinois Residents Versus Visitors Read More »
The Fourth Amendment to the U.S. Constitution guarantees the right of citizens to be “secure” from “unreasonable searches and seizure,” and that this right can only be violated upon a showing of probable cause. While the text of the Fourth Amendment has not changed in almost 230 years, the application of its promises has been
Supreme Court Forbids Warrantless Use of Cell Site Location Information Read More »
Being charged and convicted of a DUI, or even being suspected of a DUI, can carry serious consequences, including the suspension or revocation of your driver’s license. In Illinois, you face a statutory summary license suspension if you fail a chemical test, refuse to submit to one, or fail to finish chemical testing. If you
Two Types of Driving Permits After a DUI License Suspension Read More »
