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Recent Blog Posts
Driver’s License Suspensions and Revocations
The ability to drive a vehicle on public roads is a privilege. Sometimes, a person can have their license taken away as punishment for certain crimes. In the state of Illinois, the Secretary of State has the authority to suspend or even completely revoke a person’s driver’s license. If you are an Illinois driver, you should be aware of the types of infractions that can result in losing your license and what you should do if your license is revoked or suspended.
A driver’s license suspension refers to an instance when a person’s driver’s license, and therefore ability to legally drive, is temporarily taken away. A suspension usually lasts a year or less, but in some circumstances, a suspension can last longer. Sometimes a suspension does not have a defined duration but, instead, only lasts until the person pays a fine or meets other requirements. The revocation of a driver’s license is generally more serious and can last anywhere from a year to life - sometimes with no promise of reinstatement. If someone wishes to reverse a license revocation, he or she must convince a Secretary of State hearing officer that he or she is no longer a liability on the roads.
Underage Drinking and Driving During Prom Season
As the weather continues to warm up, high school students throughout Northern Illinois will soon be approaching prom season. It is an exciting time of year, and many teenagers have already chosen the “right” dress or tuxedo to turn heads during the big event. While most students are looking forward to festivities that surround prom, many parents are worried about their children and the possibility of alcohol being part of the “fun.” If you are a parent with son or daughter who will be attending the prom, it is important for you to have a focused conversation with your child about the dangers of underage drinking, as well as drinking and driving underage drinking, as well as drinking and driving.
Penalties for Underage Drinking
In addition to the prom itself, your child may receive invitations to events both before and after the dance. Some of these events may be put on by the school or community groups in an effort to curb underage drinking, while others may be private after-parties at another student’s house or a hotel room. As you could probably guess, alcohol is likely to be available at virtually any unofficial post-prom party.
Resisting Police: How it Happens and What to Do
Movies like The Fugitive, Con Air, and U.S. Marshalls lend an air of glamour to the idea of being an innocent fugitive from justice. But, like most things glamorized in the movies, the reality is generally harsher, and fleeing the police fleeing the police rarely leads to a happy ending.
Resisting Law Enforcement in Illinois is a Serious Matter
Illinois law makes it a Class A misdemeanor to knowingly resist or obstruct a peace officer, firefighter, or correctional institution employee who is acting within their official capacity. The maximum punishment for a Class A misdemeanor is up to a year in jail and a fine up to $2,500. In addition to any other sentence, there is a minimum statutory punishment of 48 hours in jail or 100 hours of community service. If the violation results in injury to the officer, the violation becomes a Class 4 felony. Court supervision is not an option for this crime, so a conviction results in a permanent blot on your record.
Learn by Example: Fleeing or Resisting Police Is Never a Good Idea
If the very thought of being loaded in a police car and taken to jail makes you tense up, that is normal; the human “fight or flight” instinct is very strong. But if you find yourself in a situation where you are about to be arrested, you need to stay calm and cooperate, or you risk getting into even worse trouble. Take a lesson from these recent news stories about people whose lack of self-control led them to flee from the police, piling the charge of resisting arrest on top of other charges:
Do Not Threaten to Toss an Officer Into a River
In March 2018, a Joliet law enforcement officer spotted a man wandering about the parking lot adjacent to the police station. The officer pointed out the “No Trespassing” signs in the lot and directed the man to leave. The man allegedly took up a fighting stance and threatened to throw the office into the Des Plaines River, then fled the scene. Two police officers captured the man before he got very far and placed him under arrest, charging him with criminal trespass, aggravated assault, and obstructing a police officer.
Avoiding Fleeing and Eluding Charges During a Traffic Stop
If a police officer begins to follow you while you are driving, you may be unsure how to react. Once you see the flashing lights behind you, it may be tempting to keep driving, especially if you do not believe that you have committed a traffic crime. However, if an officer is attempting to pull you over, one of the worst things you can do is try to elude them.
Signs that You Should Stay Put
Police officers may give visual or audible indications that a driver needs to stop moving. These can include:
- Hand signals
- Verbal orders
- Sirens
- Red or blue lights
Failure to stop after a police officer has given these signals can lead to criminal charges.
What You Should Not Do
If a police officer has given you any of the above signals to stop driving, you should pull over to a safe location and wait for further instruction. Failing to stop begins as a misdemeanor charge, but can be increased to a felony if the driver breaks certain laws or causes injury. If you are asked to stop, you should avoid doing the following:
What Rights Do Witnesses Have in Criminal Cases?
You probably already know many of the rights a defendant in a criminal court case has. Things like the right to counsel, the right to remain silent, or the right to a prompt trial are guaranteed to everyone regardless of the charges brought against them. Witnesses in a criminal case also have certain rights and responsibilities.
Types of Subpoenas
If you have received a subpoena or witness summons, you are required to either provide information or be present for some type of legal proceeding. A “subpoena ad testificandum” is a witness summons that orders an individual to testify during legal proceedings. On the other hand, a “subpoena duces tecum” orders an organization or individual to bring physical evidence before the ordering authority. Often, this is subpoena is used for requesting copies of documents important to the case.
Can Witnesses Decline to Speak?
If you have received a subpoena to either testify or provide evidence, you are required to show up and/or provide the information needed. However, the Fifth Amendment gives you the right to refuse to answer questions which will incriminate you. This is colloquially called “pleading the Fifth.” The husband-wife privilege also gives witnesses the right to refuse to testify against their spouses. It is important to note that if you do choose to testify, you are required by law to tell the truth. Anyone answering questions in front of a grand jury, on the witness stand at trial, or during a deposition is under oath, so lying could be considered perjury.
Illinois Reforms Civil Asset Forfeiture Laws
Effective July 1, 2018, Illinois residents will have greater protection against state confiscation of cars and other assets used in connection with criminal charges such as Aggravated DUI and narcotics possession.
Illinois Residents Forfeit Over $70 Million in Assets Annually
Over $30 million dollars worth of cars, boats, and other assets were seized in 2015 under Illinois’s civil forfeiture laws, namely:
- The Illinois Drug Asset Forfeiture Act, which authorizes the seizure of assets used in, or acquired with funds generated by, drug crimes.
- Article 36 of the Illinois Criminal Code: Seizure and Forfeiture of Vessels, Vehicles and Aircraft, which authorizes the seizure of assets used in the commission of other serious crimes such as aggravated DUI, drive-by shootings, and child pornography.
Arrests By Conservation Officers Can Lead to Serious Criminal Charges
You might think you are safe to do what you please when you are out in the woods or on the lake. But you would be wrong, as evidenced by some of the citations issued and arrests made by the conservation officers of the Illinois Department of Natural Resources (DNR). Some of these stories will sound amusing, but the criminal charges are nothing but serious.
Drunk Snowmobile Driver Gets Caught in a Crash
In February 2018, an Illinois conservation officer followed up on a snowmobile crash in which the operator was injured. The crash investigation had resulted in the operator being cited for snowmobile DUI. The operator pled guilty to both charges. He was assigned court supervision, ordered to pay a fine and court costs totaling $1,190, and required to undergo drug and alcohol treatment.
Do Not Pee in Public by Your Pick-Up
A conservation officer driving along a highway observed a stopped pickup truck whose driver was outside the truck urinating. When the driver noticed the CO approaching, he quickly re-entered his vehicle and tossed a beer can behind his seat. The CO performed field sobriety tests, which the driver failed. A deputy with the county sheriff’s office was summoned to transport the driver to jail. The driver was charged with DUI (he had a blood alcohol level of 0.65%), illegal transportation of alcohol, and improper parking on the roadway.
Why Sleeping Off a Few Drinks in Your Car Can Result in a DUI
In 1993, police stumbled upon a situation which would be the source of much controversy and disagreement regarding exactly when a person is drunk driving. On a very early June morning, two Naperville police officers found a person asleep in his car, which was parked in an apartment complex parking lot. The car’s engine was running but the car was in park. The sleeping defendant was laying across the two front seats.
The police initially struggled to wake the defendant, but when they did he admitted to sleeping in his car because he had consumed too much alcohol to safely drive home. The police officers subjected the defendant to a field sobriety test that indicated to them that he was, in fact, intoxicated. The defendant was arrested, and a later breathalyzer test showed that the man had a blood alcohol concentration (BAC) of 0.18 percent.
Defendant Claimed to Only Have Been Using the Heater
The Difference Between Resisting Arrest and Obstruction of Justice
When law enforcement officials are investigating a crime or pursuing a suspect, they tend to expect complete cooperation from those they detain and/or question during the course of that investigation. When someone attempts to repel police orders or questions, whether by physical force, being misleading, or withholding information, they could very easily find themselves facing charges of obstructing justice or resisting arrest.
Actions (and Words) Have Consequences
While it is up to the prosecution to prove charges of resisting arrest or obstruction of justice, a conviction on either charge can have serious repercussions for the defendant. Knowing the difference between the charges and working with an attorney who has experience defending against criminal charges can help a person avoid severe punishment. These charges differ in the following ways:
- Resisting arrest generally is applied when a person applies some sort of physical force in attempting to avoid being detained by police. Whether a person runs away, pushes or bumps an officer, or even simply pulls their arm away when grabbed by an officer, any of these actions can result in a charge of resisting arrest.
