Posted on December 00, 0000 in Chicago criminal defense lawyer

Being taken into police custody for the alleged commission of a crime can be a harrowing experience. An individual may be isolated by themselves in a questioning room and forced to stay alone for long periods of time, and some of these accused individuals may not even know why they have been taken into custody in the first place. When it comes time for the actual police questioning, people may already feel vulnerable or intimidated due to the feeling of being trapped that sitting in police custody sometimes brings about.

In some cases, police officers use overly harsh questioning tactics during an interrogation. An interrogation occurs when a law enforcement officer questions a person about a crime. In extreme examples, these harsh tactics might include subjecting the individual being questioned to physical violence or the threat of violence, inaccurately threatening the individual’s or a loved one’s freedom or excessively withholding food or essential comforts during the questioning process.

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 Posted on December 00, 0000 in Arrest

According to data collected by the Alliance Against Intoxicated Motorists (AAIM), Naperville police officers made 553 DUI arrests in Illinois in 2013. This ranks as second in Illinois, excluding the Chicago area. Naperville has ranked second on this survey for four consecutive years. Only Rockford, Illinois, with a population of about 151,000, topped Naperville (population of about 144,000), with 556 DUI arrests. Rockford has topped the AAIM’s statewide survey for seven consecutive years.

Reasons Behind the Numbers

Naperville police Chief Bob Marshall named his department’s DUI enforcement  initiatives as “a very high priority.” Naperville’s DUI-related initiatives include both arresting DUI offenders and trying to deter the Naperville public from engaging in drunk driving in the first place by using public education and awareness campaigns. In addition, the Naperville police force installed cameras in cars in order to help prosecute DUI offenses.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Most people know that it is unlawful to drive under the influence of drugs in Illinois. What is less clear is how Illinois measures how much of a substance a person can have in their system while driving in order to be considered legally intoxicated.

When a person is charged with driving under the influence of alcohol, the person is automatically considered intoxicated if the driver’s blood alcohol is measured at .08 percent or more. By contrast, Illinois’s drugged driving law does not set a minimum amount of drugs that can be found in a person’s system before they can be convicted of a DUI for drugged driving. Instead, Illinois’s drugged driving statute states that a person may be convicted of drug driving if:

1. The driver was found to have been under the influence of a drug or combination of drugs that made them incapable of driving safely; or

2. The driver was found to have had any amount of a statutorily prohibited drug in their system.

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 Posted on December 00, 0000 in Bail

Some people who have been arrested and charged with misdemeanors and minor felonies may be released on bail until the date of the trial for their crime. In most misdemeanor cases, the amount of bail is a standard amount that is set by state law, depending on the crime committed. If the defendant cannot afford to pay the bail, he or she will be taken for a bail hearing. The rule is different in domestic violence cases.

In cases in which a defendant is charged with domestic battery, the defendant may be released on bail that requires the defendant stay away from the alleged victim or their shared residence for at least 72 hours after the incident. If the defendant violates this condition of the bail, he or she not only forfeits the bail money but may also be charged with a separate crime by violating the no-contact bail condition.

In more serious cases, the accused individual will be taken for a bail hearing before a judge. Hearings to set bail are called “bail hearings,” and they usually occur in the Circuit Court in the county in which you were arrested. Visit the Cook County website or DuPage County website for more information.

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 Posted on December 00, 0000 in Criminal Defense

One of our clients’ most common worries is about how a criminal conviction could affect their ability to get a job in the future. Conventional wisdom tells us that certain types of criminal records may be easily discoverable during the hiring process and may act as a proverbial kiss of death for employment prospects. Both private employers and employers for state, local, and federal governments may outwardly ask candidates if they have ever been convicted as a crime. Some organizations even run background checks on job candidates. In one referenced study, 96 percent of Human Resource professionals polled said that their companies ran background checks on possible candidates.

It is clear that it is not self-resolve stopping many criminal offenders, especially those who have served jail time, from returning to a productive life. Structural obstacles are a very real impediment to reintegration. Fortunately, Illinois legislators seem to be recognizing this often draconian trend and are working to change it.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

In July 2013, Illinois legislators enacted a conceal and carry law which, as its name suggests, allows Illinois residents to conceal and carry certain automatic weapons. The law made national news because Illinois was the last state in the country to enact such a law.

When the online application for a conceal and carry permit became active, 11,000 Illinois residents applied. Of these applications, several were denied, and at least 200 individuals have brought their objections to state court. Many rejected permit applicants want to appeal the denials because the applicants believe they were unfairly deemed a threat to public safety and consequently should not have been denied a permit.

Police Department Responds

On the heels of public disapproval and the backlog of conceal and carry cases, Chicago police departmentrevised the conceal and carry law. According to the new emergency rules, the police department is now requiring the Illinois& Concealed Carry Licensing Review Board to provide rejected permit applicants with a written explanation for their denial.

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 Posted on December 00, 0000 in Arrest

Inhaling volatile substances because of their intoxicating effect is sometimes referred to as “huffing.” People who engage in huffing may experience highs similar to alcohol use, along with symptoms such as dizziness, lightheadedness, and mood changes. When used in large quantities, such inhaled chemicals may lead to impaired judgment, permanent brain damage, or even cardiac arrest and death.

This practice is gaining popularity among young people in Illinois and throughout the country. The practice is particularly dangerous because it is difficult for users to predict how unfamiliar chemical substances will affect the body when inhaled. Additionally, the practice is becoming more widespread because some young people view it as a more innocent, cheaper, and legally safer alternative to taking illegal drugs or binge drinking.

Illinois State Anti-Huffing Law

The practice of huffing and the practice of selling compounds that the seller knows will be used for huffing is illegal in Illinois. Specifically, under Illinois’ Use of Intoxicating Compounds Act, it is unlawful to “ingest, breathe, inhale or drink” any substance “for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes.”

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 Posted on December 00, 0000 in Assault & Battery

Illinois recognizes two types of domestic violence: domestic battery and aggravated domestic battery. Domestic battery is a Class A misdemeanor and may result in up to one year in jail and a $2,500 fine. Aggravated domestic battery is a Class two felony, which carries a possible sentence of one to five years of incarceration and fines of up to $10,000, or more depending on the offense.

Domestic Battery

Under Illinois law, a person commits domestic battery when he or she causes bodily harm to a household or family member. Likewise, domestic battery may be charged against a person who merely makes physical contact of an insulting or provoking nature with a family or household member. A person may commit the broadly-defined crime of domestic battery by committing a variety of acts such as perpetrating physical abuse, harassing or intimidating a family member, interfering with a family member’s liberty or willfully depriving a dependent family member of necessary goods or supplies (such as in a case of elder abuse).

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

As you may have noticed, bicycle use is becoming more prevalent throughout the streets of Illinois. This means that motorists must become more mindful about sharing roadways with two-wheeled counterparts. Nonetheless, many bicyclists and motorists are unaware of what rights and obligations bicyclists have when they are sharing major roadways. Bicycle safety law intersects with several of our practice areas, including reckless driving defense and contesting motor vehicle violations. In light of this, we have summarized a few frequently asked questions about Illinois traffic law as it relates to bicyclists.

Can Bicyclists Pass Motorists? Can Motorists Pass Bicyclists?

Both bicyclists and motorists can pass one another as long as reasonable caution is used in the process. Most of the time bicyclists are required to stay as close to the right side of the road as is safe and practicable. This rule is subject to two notable exceptions: first, bicyclists may take up an entire lane on roads that are too narrow for a vehicle and car to ride on side by side.  Second, bicyclists may ride toward the center or left-hand side of the lane when they are preparing to make a left hand turn.

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 Posted on December 00, 0000 in Assault & Battery

You may have noticed in some Illinois news stories that people are charged with Class X felonies. The term “Class X felony” may raise questions for some, as it does not seem to cleanly fit into the scheme of Illinois felony classifications. Other Illinois felonies, except for first degree murder, are be classified as Class 1, Class 2, Class 3, Class 4 felonies.

Class X Felony Defined

In short, a Class X felony is one of the most serious types of felonies that can be committed in Illinois. Some examples of Class X felonies include:

• Aggravated arson;
• Aggravated battery with a firearm;
• Aggravated battery of a child;
• Aggravated vehicular hijacking;
• Armed robbery;
• DUI (6th or subsequent DUI conviction);
• Home invasion;
• Certain crimes involving possession of a controlled substance with intent to sell;

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