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Recent Blog Posts
Diverting Your Criminal Case to a Specialty Court: Are You Eligible and Should You Agree?
In Illinois, some criminal charges can be diverted to a specialty court. These alternative solutions —also known as diversion court—give you the chance to prove to the courts that your mistake was just a one-time occurrence. As long as you successfully complete the terms of your diversion, the criminal charge does not go on your record. Unfortunately, not everyone is eligible for this option, and even those that are should carefully consider whether or not diversion is the right choice for their situation. The following information can help in making that decision.
Types of Diversion
Through diversion court, the justice system attempts to address the core issue behind a defendant’s criminal offense. This is why there are different types of diversion court; each is meant to deal with a specific issue. Those that are currently available in Illinois include:
- Traffic court diversion;
- Mental health specialty court;
- Veterans’ specialty courts;
Felony DUI in Illinois
Illinois has one of the strictest DUI programs in the nation. The laws are so strict, in fact, that many who are arrested for a DUI are caught off guard when they learn that their DUI charge is a felony instead of a misdemeanor offense. Do not let this happen to you! Learn what constitutes a felony DUI in Illinois, and how you may be able to protect yourself from the consequences of conviction.
Third Offense Equals a Felony
According to Illinois law, a person’s first and second offense DUI convictions are usually considered Class A misdemeanors. The third offense is considered a Class 2 felony. Consequences include a 10-year revocation of your license, suspension of your vehicle’s registration, administrative penalties, and the possibility of up to seven years of jail time. Some are offered a 48-month probation, but anyone with a BAC of 0.16 or higher receives a mandatory 90-day jail term upon their conviction. It should also be noted that any arrest after the third DUI conviction will result in a felony charge. However, penalties will be greater for subsequent convictions. For example, those convicted of their fourth DUI are subject to permanent loss of their license and vehicle registration.
Incarceration in America
Did you know that the United States has the highest incarceration rate in the world? According to recent data, there are currently over 2.2 million people in prisons and jails across the nation, some serving short sentences and some facing life in prison. For every 100,000 people in America, there are 698 in jail or prison. Compare that with other developed nations, like Australia, where 151 people per 100,000 are incarcerated, or France, where 100 people per 100,000 are incarcerated, and it is clear that the United States has a major problem. How did America’s incarceration rate grow to be so high? Is more crime being committed here? What is being done to lowering prison populations? How does Illinois’ prison data compare to elsewhere in the country? Below, we explore incarceration in America.
Why Are So Many People Incarcerated?
According to the Sentencing Project, a nonprofit organization advocating for an improved criminal justice system in America, the incarceration rate in America has seen a 500 percent increase in just the last 40 years. Why the increase? Advocates say that the problem is not more criminals, or more crime being committed, but rather a harsher criminal justice system. Policy changes have led to a “tough on crime” mentality that has remained since its adoption in the early 1980s at the start of the War on Drugs. In 1980, 41,000 people were in jail or prison due to drug related charges. In 2014, that number jumped to nearly half a million. Additionally, the number of people in jail or prison for property or violent crimes has also increased substantially, even during times where crime rates have dipped. In addition to sending more people to prison, sentences have grown increasingly harsh. Laws have been put in place requiring a mandatory minimum sentence and parole has been cut back, leading to an increase in prison populations. Also, life sentences have risen significantly. Currently, one in nine people in prison are serving life sentences, and nearly a third of them have been sentenced to life in prison without parole.
Facing Domestic Battery Charges: Three Actions that Can Damage Your Case
When you are facing domestic violence accusations of any kind, the potential consequences are grave, especially if you lack the proper knowledge and legal representation necessary to defend your case. Whether you are indeed guilty of committing a domestic violence crime or you feel you are being unjustly accused, the moment you are at risk for being charged, your behavior from that moment on has the power to influence your case.
Domestic Battery Defined
According to Illinois law, you have committed domestic battery if you have knowingly, without legal justification, caused bodily harm or made physical contact of an insulting or provoking nature against a family or household member. The state considers domestic battery a Class A misdemeanor, but if you have prior convictions on your record and are arrested, you may face an upgraded Class 4 felony charge. In short, if you have interfered with someone’s freedom in any way by threatening, harassing, or physically hitting them, you have broken the law.
Subsequent Drug Charges Are a Serious Matter in Illinois
A Davenport man with two former drug convictions on his record is now facing a new criminal drug charge. Because he has had two convictions in the past, and because he was on probation at the time of his most recent arrest, he is likely to face even higher penalties if convicted. Unfortunately, it is a situation that anyone with a criminal record could find themselves in, even if they have done little or nothing to deserve further prosecution.
A Criminal Record Can Hurt You in Future Arrests
Research shows that more than 2,000 people have been wrongfully arrested and convicted over the last 23 years. But this estimate, which is likely on the conservative side, only includes those who were exonerated of their crimes. There are still others sitting in prison for a crime they never committed. Unless and until their cases are successfully appealed, their information may not ever make it to a national database.
Collateral Consequences of a Felony Conviction in Illinois
When facing a possible felony conviction, most defendants automatically turn their thoughts to the time they stand to serve in prison. This is an understandable reaction. However, there are consequences that extend well beyond the term of your sentence. In fact, a felony conviction – be it for sexual assault, first degree murder, or a felony drug crime – can follow you for the rest of your life. If you are facing felony charges in the state of Illinois, understand what these collateral consequences are, and how you can most effectively protect yourself against them.
Employment Opportunities
A felony conviction goes on your permanent criminal record. This bars you from certain professions – at least 118 of them, according to the Illinois General Assembly Legislative Research Unit. A study from the National Institute of Justice also indicates that you are 50 percent less likely to receive a call back on almost any other job if you have a felony conviction on your record. With all of these employment restrictions, it can seem impossible to find a job that adequately supports you and your family after you have completed your prison term.
Reasonable Grounds for Charges of Aggravated Assault
When you are accused of aggravated assault, it is understandable that one of your very first concerns may be whether or not you are being justly accused. Does the arresting officer really have the right to take you into custody? Are the grounds for your arrest truly reasonable, or are they somewhat questionable? These questions depend greatly on the nature of the accused crime. If you are facing aggravated assault charges, it is important to know where you stand, and one of the best ways to educate yourself is by reviewing the Illinois state laws that govern such charges.
What the Law Considers Reasonable Grounds
In general, when a person commits an act of conduct without lawful authority and is aware that it places another person in harm’s way, the law considers the action to be an assault. The law states that if you place another person in reasonable apprehension of receiving a battery, it is a Class C misdemeanor. Aggravated assault is a more serious form of assault, which may include the use of a weapon.
Exercising Your Rights During an Arrest: What You Need to Know
While most citizens know they have the right to an attorney, the right to remain silent, and the right to privacy in their own home, they do not fully understand what these rights mean. Add in the fear of crossing a police officer and it is no mystery why so many fail to fully exercise their rights during an arrest. Do not make the same mistake! Learn what rights you have under the law, and how you can exercise them, should you ever be arrested.
Your Right to Privacy and Proper Procedure
As a U.S. citizen, the Fourth Amendment protects you from an unwarranted invasion of your privacy. This broadly encompassing amendment means that an officer cannot legally perform a search or seizure of your vehicle, home, or person without your permission or probable cause. If you give them consent – either verbally or implied – they can and will attempt to use anything they find as evidence. So do not invite an officer into your home, do not “secure” your vehicle, and do not hand over your keys when they ask. To add an extra layer of protection, you can also verbally say (as loudly as possible) that you do NOT give them permission to search your vehicle. If any bystanders hear you, their testimony could be used as mitigating evidence in your case.
Supreme Court Ruling Raises Serious Questions on Unlawful Police Stops
United States Supreme Court Justice Sonia Sotomayor issued a scathing dissent this week in a case involving unlawful police stops and how courts may use evidence found in certain situations. Hers was a minority opinion as the high court ruled that evidence obtained during an otherwise illegal stop may be used if the individual already had an outstanding warrant, despite there being no way for the officer on the scene to know that such was the case.
Utah v. Strieff
The case in question stemmed from a police stop of a man outside a house in South Salt Lake City, Utah. According to court records, police officials had received an anonymous tip about drug activity taking place at the residence. The man was stopped after leaving the house, despite the lack of reasonable suspicion that he was engaging in criminal actions. Police asked the man for identification, which he provided. Upon checking his ID, police found an outstanding arrest warrant for a traffic violation. The man was subsequently arrested, and a search found methamphetamines and drug paraphernalia.
Illinois Stingray Law Headed to the Governor
Over the last few years, cell phone technology has been a major point of contention between law enforcement and the general public. Police and investigative agencies, as one might expect, have sought to exploit available technology to track and build cases against alleged criminals and those who were known to have committed crimes. That very same technology, however, can be used in a manner that feels very threatening to private, law-abiding citizens. Legislation and case law around the country have been slowly limiting how law enforcement officials can access, use, and store digital information, several cases even going all the way to the United States Supreme Court.
Last summer, the U.S. Supreme Court ruled that police and other investigative bodies may not search a person’s cell phone without a warrant. While many heralded the ruling as a victory for the Fourth Amendment rights, cell phones can offer a great deal of information even without being physically searched. Many police departments have begun using devices that mimic a cell phone tower, allowing officials to track cell phones within a certain radius. The most popular brand of cell-site simulator is known as a Stingray, and at least a dozen states, including Illinois, have legislation pending that would limit the use of such devices.
