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Recent Blog Posts
Changes to Expungement Law Could Make a Major Difference for Many
The Illinois Criminal Identification Act (ICIA) governs numerous components of the state’s criminal system, including regulations about expungement of a person’s criminal record, and in recent months, it has undergone a major change. Since the law’s official modifications went into effect on January 1, 2017, some ex-convicts in Illinois have seen their lives change for the better. However, many are still unaware of the potentially beneficial amendments to the ICIA.
The Changes
The specific changes made to the ICIA may be somewhat difficult for the average person to understand, as the relevant statute is couched in highly technical language. Essentially, however, the most substantive change is to the requirements one must meet before beginning the process of expunging an eligible arrest from one’s record. Formerly, any Illinois resident who had been convicted of any type of crime which was not expungeable could not petition to remove any crimes on their record that were. The passage of Public Act 099-0881 in late 2016 changed that, with the law going into effect at the beginning of this year.
Resisting Arrest Can Lead to Serious Trouble
One of the most widely covered news stories of 2014 revolved around the death of Eric Garner in New York City. The circumstances surrounding his case have been hotly debated, as some insisted that the actions of the police were unwarranted, while others maintained that Garner’s own actions in resisting arrest ultimately led to his death.
The tragic New York incident represents just one of the thousands of cases in America each year that involve resisting arrest or obstruction of a peace officer. While discussion over the appropriate use of police force and authority is certainly warranted, state laws across the country, including Illinois, clearly prohibit resisting arrest or otherwise preventing a peace officer from performing his or her duty.
Resisting Any Arrest
One of the most important aspects of the Illinois statute regarding resisting arrest is that it makes no mention of lawful arrest. This means that resisting arrest charges may still be valid even if the arrest itself was unlawful. While it may seem unfair to many critics concerned with the abuse of police authority, from a legal standpoint, it provides law enforcement with a degree of protection in performing their duties.
Filing a Pre-Trial Motion to Dismiss Criminal Charges
An effective criminal defense attorney will not wait for a case to go to trial before mounting a defense of his client. For example, the attorney might consider filing a pre-trial motion to dismiss the charges. The motion must be filed within a reasonable time after the defendant has been arraigned and can be filed before or after entering a plea.
The motion must be based on one of the following grounds for dismissal:
- Every defendant has a right to a speedy trial. If the trial is not commenced within the statutorily determined time frame then that is grounds for dismissal.
- A defendant may be prosecuted for several criminal offenses in the same trial. However, if the prosecution knows about these offenses and they all fall within a single court’s jurisdiction, then the offenses (usually) must be prosecuted in a single prosecution. If the state initiates a subsequent prosecution based on the defendant’s previous criminal conduct then that is grounds for dismissal.
Restricted Driving Permits Joliet Illinois
When your driving privileges have been suspended or revoked due to a conviction of driving under the influence (DUI) or other violations, your life can be greatly affected. It may be extremely difficult for you to continue working, to attend school, or to attend alcohol education programs in accordance with court directives. Depending on the circumstances of your situation, however, you may have relief options available to restore driving privileges on a limited basis. With the help of a qualified attorney, you may be able to obtain a restricted driving permit (RDP) and take the first steps toward getting your life back on track.
What is an RDP?
A restricted driving permit can be granted by the Secretary of State’s office to allow partial restoration of driving privileges. The terms of the RDP can be customized for each case and only permit a person to drive in certain areas and at certain times for specifically approved purpose. Depending on the situation, an RDP can allow driving to:
My Child Was Arrested for Theft. Now What?
Your teen told you they were out with friends—perhaps friends you have met dozens of times and you know their parents. At first, you thought the call was a joke or a prank. Then the realization sets in that your child has been arrested for shoplifting, but they are letting you take them home for now. What does that mean? The questions are likely to begin spinning through your mind regarding how you will handle the situation as a parent and how this might affect the future. Know that you are not alone, and we can help.
Why Was My Child Released To Me?
Rather than keeping your child in jail until the criminal hearing, the police likely released him or her into your care. While your child has been released, he or she must show up for all scheduled court dates, which you will receive further information on in the mail. Failure to appear will result in a warrant being issued for your child’s arrest and, potentially, other charges. You can assist your child by watching the mailbox and following up with the court.
Domestic Battery - Violence Inside The House
Accusations of domestic abuse are serious and may carry lasting penalties. While many understand that this type of crime is no laughing matter, there are other aspects of these charges that are alarming to those accused. For instance, you may be surprised to find out that you do not need to be married or even dating someone to be charged with domestic abuse. Domestic violence charges are possible even if you are only living with someone and you behave violently towards them.
Cohabitating Violence More Prevalent Than Marital Violence
Have you heard the old saying, “you fight like an old married couple?” Well, in recent years, the saying should be closer to, “you fight like old roommates.” If you have ever had a roommate, you understand there are struggles. Two (or more) separate lives with little more in common than rent and utility payments are bound to find conflicts. If one person enjoys staying up all night playing video games video while another likes to wake up early and go for a run after making a protein shake in the blender, you can imagine where things might become a little tense. Although these differences and tensions arise in marriages as well, statistics show that cohabiting relationships are more likely to be violent than married relationships. Did you know that:
Proposed Bill Would Curtail Practice of Asset Forfeiture
Did you know that if law enforcement officials believe that your property or assets were involved in the commission of a crime , they can legally seize the property in question? Under civil asset forfeiture laws in Illinois, you could lose your property even if you are never charged with a crime, let alone convicted. Over the last decade, law enforcement agencies have reportedly netted nearly $320 million worth of property and cash through asset seizures, including nearly $80 million seized by the Chicago Police Department alone.
Civil asset forfeiture is a contentious practice, and its merits have been hotly debated across the country in recent years. In fact, 19 states and Washington, D.C. have amended their asset forfeiture laws since 2014 to create a more equitable system. As it currently stands, only a dozen states currently require a criminal conviction before assets can be permanently confiscated, but several others, including Illinois, may soon adopt similar guidelines.
Preparing to Meet With a Criminal Defense Attorney
When you have been arrested on suspicion of drug possession , driving under the influence (DUI) , assault , or any other criminal offense , you need an attorney who will fight to protect your rights. Once you hire an attorney, however, there are a number of things you can to be proactive on your own behalf as well. You can help your case considerably by keeping an open line of communication with your lawyer and by providing him or her with all information that could be pertinent to your defense.
Before you meet even with your attorney, you should begin to:
Gather Documentation
Any and all paperwork and documents you receive from police, prosecutors, the court or any government agency could be relevant to your defense. Keep everything in a specific file and be sure to give your lawyer copies of documents such as:
• Search warrants and other documents related to a search executed by police; • Arrest warrants and accompanying affidavits; • Documents related to bail and the conditions of your release; • Any evidence the prosecution has turned over; • Charging documents; • Any documents related to prior crimes for which you have been arrested and/or convicted; and • Documents regarding your next court date
Driving Under the Influence in Illinois
Statistics from the Secretary of State’s office show that while there were fewer alcohol-related fatalities in recent years, the proportion of fatalities to which alcohol contributed has remained relatively stagnant, hovering around 40 percent except for one anomalous year. It is difficult for one to contemplate these figures; if the influence of alcohol were removed from the situation, the number of deaths would—at least in theory-be almost halved. Statistics like these only serve to reiterate how critical and important enforcement of DUI laws are to keeping the proverbial peace.
First Offenses
As is common in multiple other states in the U.S., a first offense of driving under the influence (DUI) carries relatively less stringent consequences than a second or third offense, but the intention is still punitive, and as such, offenders do not get off lightly. In Illinois, a first offense triggers administrative punishments including at least a six month license suspension, which may be as long as one full year, if the offender does not consent to blood alcohol content testing under the relevant implied consent laws. Criminal consequences include fines of up to $2,500 and a Class A misdemeanor on one’s criminal record.
FOID Applications for Convicted Felons
In most states across the U.S., conviction on a felony charge can lead to a person losing many civil rights, some temporarily and others permanently. In Illinois, one of the rights a person stands to lose upon conviction of felony charges is the right to firearms ownership. While the loss of this right is not technically permanent, the law makes it difficult for a convicted felon to regain the ability to legally own a firearm.
Firearm Owner’s Identification Card
In Illinois, gun owners are required to possess a Firearm Owner’s Identification Card, also known as a FOID card, in order to buy or own a gun. When a person is convicted of a felony, and he or she is a gun owner with a valid FOID card, the card is revoked after the person’s conviction. In addition, when applying for a FOID card, a person has to make a statement declaring that he or she has not been convicted of a felony. However, if a person’s felony conviction is far enough in the past, he or she may be eligible for a FOID card if other conditions are met.
