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Recent Blog Posts
Illinois Modernizes Approach to Offenders with Substance Use Disorders
Alcohol and drug abuse not only cause human suffering, but also endanger public safety and place an added financial burden on our healthcare and criminal justice systems. Aiming to reduce these social and economic costs, the Illinois legislature passed the Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 301) in the 1990s. This law provides the foundation for many of the state’s education, prevention, and treatment services, including mandated programs for people charged with DUI (driving under the influence of alcohol or drugs).
To reflect changes in scientific understanding, terminology, and social standards, the legislature decided to modernize this law, renaming it the Substance Use Disorder Act (HB4795, now PA 100-0759, signed August 10, 2018). Some of the key changes that will take effect January 1, 2019, include:
Alternatives to Incarceration for Crimes Committed in Illinois
According to the most recent data available from the Illinois Department of Corrections, which is dated from June of this year, there are more than 40,700 criminals currently in the Illinois prison system. One of the biggest reasons why the Illinois prison population has grown so dramatically over the past 30 years or so is because of the increase in convictions for Class 4 felonies, which are typically non-violent theft or drug crimes. Having so many prisoners puts a strain on both inmates and staff, and it increases the costs associated with managing the prisons. Because the prison population in Illinois is beginning to take a toll on the system, the state has developed various alternatives to prison sentences for certain charges.
Drug Court
This option is available to non-violent drug offenders to help counsel them and rehabilitate them, rather than send them to jail. The main purpose of this program is to help non-violent offenders understand the dangers and the harm that drugs cause to themselves and others. The program also makes sure that the offenders understand what the consequences are of continued drug use.
The Rights of Criminal Defendants Are Protected by the U.S. Constitution
When an individual is accused of a crime, he or she is guaranteed certain rights. For example, if you are accused of driving under the influence (DUI) or being in possession of illegal drugs, you have the right to receive counsel from a qualified attorney. You also have the right to defend yourself against criminal charges or accusations by sharing your side of the story during a trial. One of the most important rights a person accused of a crime has is the right to be innocent until proven guilty. The presumption of innocence is one of the most fundamental principles of western law. If you have been charged with possession of an illicit substance, DUI, retail theft, assault and battery, or another criminal charge, read on to learn about how you can protect your rights.
Innocent Until Proven Guilty
There are many phrases which are used in courtroom dramas and television shows that many people do not know the actual definition of. The United States Constitution does not explicitly explain the presumption of innocence. Rather, a defendant’s right to be assumed innocent until proven otherwise in contained in the language of the 5th, 6th, and 14th Amendments to the U.S Constitution. The 5th Amendment includes both the defendant’s right to avoid incriminating himself as well as the Due Process Clause. This essential passage ensures that any person accused of a crime is given a fair and unbiased adjudication process. More specifically, the Constitution guarantees that no person will be "deprived of life, liberty or property without due process of law."
Examining Self-Defense Laws in Illinois
In some situations, you may have to commit an act of self-defense in order to protect yourself, others, or your property. An act of self-defense is usually an act of force that would, in other circumstances, be illegal. The state of Illinois recognizes that there are some situations in which you might need to use force against another person to protect yourself from harm. These self-defense laws can be found in the Illinois Criminal Code of 2012 under Justifiable Use of Force
If you have been charged with a crime in Illinois, you can use self-defense as an argument for your innocence with help from an Illinois criminal defense lawyer.
Defending Yourself
In Illinois, a person is permitted to use force against another person “when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.” For an argument of self-defense to be legitimate, you must prove that:
Illinois Politicians Aim to Make Penalties Higher For Absent Defendants
When someone is arrested on criminal charges, they are typically held in in police custody until they are set to appear in court or until they are released on bail. Bail is a monetary amount that is usually set by the judge in accordance with laws and acts as a type of insurance that the person will appear back in court when they are supposed to do so. Typically, a bail amount is thousands of dollars, so defendants are only required to pay 10 percent of the set bail. Once a defendant posts bail, they are free to be released from police custody, but they do not always go back to court when required to do so.
Defendants Attempt to Avoid Prosecution
Two Illinois lawmakers are trying to make changes to Illinois’ current failure to appear laws. They state that there has been an increase in the number of suspects who post bail but never actually return to court when they are called to do so. The DuPage County State’s Attorney’s office recently expressed concern with the number of defendants who had been charged with violent crimes such as child pornography, aggravated burglary, aggravated robbery and aggravated DUI, but never showed up in court after posting bail.
What Can Happen If You Commit a Theft or Retail Theft in Illinois
When you are short on cash, shoplifting or retail theft can be very tempting. After all, stores have to expect some percentage of losses. A lot of merchandise simply gets damaged by careless employees or clumsy shoppers. And, when a store expects you to scan your own purchases, it is hardly your fault when the machine malfunctions. Right? While you may think a small theft is no big deal, state law says otherwise.
Retail Theft Is a Class A Misdemeanor, Same as a DUI
As unfair as it may seem, Illinois law considers a small retail theft to be as serious as driving under the influence. Both offenses are Class A misdemeanors, punishable by up to one year in jail and a fine of up to $2,500. Retailers have also gotten more serious about using security cameras and other systems to prevent and punish shoplifting. Even if you are not stopped before leaving the store, store employees can still report you to the police, using your image caught a security camera and/or your vehicle license plate number. In other words, you can be arrested for retail theft days or weeks after leaving a store.
Will County Drug Court Helps Addicted Offenders
If you are convicted of drug possession or another non-violent crime in Will County, you could be sentenced to spend a year or more in prison. But if your criminal behavior is affected by substance abuse, you may have the option of an alternative program known as drug court.
Statistics show that over 40 percent of people who spend time in prison will be back behind bars within three years of their release. Each prison inmate costs Illinois taxpayers $22,000 per year. The Will County drug court has proven more successful and substantially less expensive. Since it began in 2000, less than 10 percent of drug court graduates have reoffended, and the program costs just $3,000 per person. Drug court programs in Illinois are governed by the Drug Court Treatment Act (730 ILCS 166).
Your Rights and Responsibilities During a Traffic Stop
For many people, the only time they come into contact with the police is during a traffic stop. Statistics show that almost half of all face-to-face interactions that U.S. residents had with police occurred due to being pulled over while driving. Of those interactions, about half resulted in the driver being issued a ticket. Only about three percent of all stopped drivers end up being searched by police during a traffic stop.
Being pulled over by the police can be a scary situation. Many drivers are not sure what their rights and responsibilities are during a traffic stop. It is imperative that every citizen understands what to do during a police interaction as well as what not to do.
If You See Flashing Lights, You Must Pull Over As Soon It Is Safe to Do So
Declining to stop for police or eluding a police officer is a criminal act. If a police officer tells you to stop, you are required to do so by law. A police officer may verbally instruct you to stop or he or she may flash his or her lights to signify that you need to pull over. Section 11-204 of the Illinois Vehicle Code states that fleeing a police officer is a Class A misdemeanor offense which carries a penalty of up to one year in jail and a $2,500 fine. However, you could be charged with a felony depending on the facts of your case if you attempt to flee from an officer.
You Could Face Criminal Charges if Your Child Gains Access to Your Firearms
The United States has historically been a gun-toting nation. According to the American Academy of Pediatrics estimates that 1,300 children die each year due to firearm-related reasons and another 5,790 are treated for injuries. In response to this, laws called child access prevention laws have been established in 28 states and the District of Columbia. Violations of child access prevention laws can result in criminal gun charges.
Illinois’ Child Access Prevention Law
The child access prevention law in Illinois can be found in the Criminal Code of 2012. The law states that it is unlawful for any person to store or leave their firearm in a place that a child under the age of 14 could gain access to it. The law only applies to situations in which the person has reason to believe that the child is likely to gain access to the firearm and the child use the firearm to commit great bodily harm or death to another person or themselves. The law does not apply in a situation in which the firearm is:
Traffic Stop Safety for All, Including Carriers of Concealed Firearms
When you get pulled over by a police officer, you may not realize that the officer probably feels as tense as you do. The officer has no idea whether you are a law-abiding citizen or an armed criminal who poses a serious danger. Nobody wants to see a routine traffic stop for something like a speeding ticket or DUI turn into a fight. So, what can you do as a citizen to get the most favorable possible outcome?
Show Your Hands and Obey Commands
When asked how citizens can avoid trouble during a police stop, experienced law enforcement officers usually boil down their advice to two points: show your hands and obey commands. But, we can break this down into a few more specifics:
- Acknowledge the officer. When you see a police officer flagging you down-whether through lights, sirens, or verbal commands-the first thing you should do is signal your intent to comply. A simple glance in your rearview mirror and a wave of your hand let the officer know that you acknowledge his signal.
