Posted on December 00, 0000 in Assault & Battery

Recently, Federal Bureau of Investigations Director James Comey paid a visit to Illinois law enforcement officers to discuss FBI priorities in the region. According to news coverage on the subject, he said that stopping violent crime and police corruption are priorities in the area. This statement was consistent with what FBI’s new local agent in charge, Sean Cox, declared at a conference about a month earlier. Mr. Comey also indicated that the FBI would soon be increasing its number of employees throughout the country.

What exactly is meant by these FBI enforcement priorities?

Public Corruption

According to the FBI’s website, the FBI investigates types of police corruption such as bribery, extortion, embezzlement, racketeering, kickbacks, and money laundering. It also investigates allegations of wire, mail, and tax fraud. Presently, the FBI is focusing on trending public corruption issues such as government officials who try to take advantage of natural disasters or economic crises to divert government aid dollars into their own pockets.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

According to a recent press release from the Governor’s office, Illinois Governor Pat Quinn enacted new legislation to end the practice of requiring Illinois drivers from having to post their driver’s licenses as security for certain traffic offenses under the Illinois Vehicle Code. Formerly, Illinois drivers given a citation for certain offenses had to relinquish their driver’s licenses to police until their fine was paid or until they attended a required court appearance.  When the new legislation, called the “Sign and Drive” law, becomes effective, motorists will only need to give their signatures as a promise that they will comply with terms of the citation and will pay their fines or appear in traffic court as required.

Drivers Can Now Keep Their Licenses

These charged drivers will be permitted to hold onto their driver’s licenses and use them for identification as needed. As before, drivers who do not comply with the terms of citations may still have their licenses suspended. Illinois’s “Sign and Drive” law was first proposed by State Senator Michael Noland (D-Elgin), and State Representative John D’Amico (D-Chicago).

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Under Illinois law, a sentence of periodic imprisonment is a sentence of imprisonment during which the committed person may be released for periods of time during the day or night or for periods of days, or both. The purpose of the program is to allow people convicted of certain crimes, usually non-violent offenders, to remain gainfully employed while still serving time for criminal wrongdoing. For example, periodic imprisonment may be attractive for some individuals charged with white collar crimes, like embezzlement or forgery.

When an individual is convicted of some felonies, periodic imprisonment also refers to committing the individual to a state or local facility for such periods of time as the criminal law judge may direct. Alternatively, unless the court orders otherwise, Department of Corrections officers shall direct the time and conditions of the committed individual’s release.

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 Posted on December 00, 0000 in DUI

All Illinois drivers who have had their licenses suspended or revoked due to a driving under the influence conviction are required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their cars in order to have their driving privileges restored during the period of suspension.

What is a BAIID?

A Breath Alcohol Ignition Interlock Device is an electronic device that locks out the vehicle’s ignition until that individual delivers a satisfactory breath sample. The BAIID will not allow the car to start until the individual shows that his breath alcohol content is less than 0.025 percent. The BAIID measures breath alcohol concentration in a manner similar to the breathalyzer devices used by police officers. In addition to the initial test, the BAIID may request an additional rolling breath test to be administered after the vehicle has already started moving.

Getting your Driving Privileges Back Following Suspension or Revocation

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Some people have a fixed image in their minds of a stalker, someone who is wholly obsessed with his victim or someone who sets out to deliberately impose intimidation or fear. In reality, the profile of a person accused of an Illinois stalking offense can be more varied. In fact, the U.S. Department of Justice estimates three million stalking crimes occur each year, making the crime, and those of accused of committing it, more common than may be expected.

What is Criminal Stalking in Illinois?

A person commits a stalking offense under Illinois law when that person knowingly engages in conduct towards a certain person that the accused person knew or should have known would be likely to cause a normal person to:

• Fear for his or her safety or the safety of a loved one; or
• Otherwise suffer emotional distress.

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 Posted on December 00, 0000 in Assault & Battery

The terms “assault” and “battery” are often incorrectly used interchangeably. Although they are often used in conjunction, knowing the distinctions between the two can clarify some misconceptions about the crimes. When determining whether an action constitutes assault, battery, or both, there are three primary things to keep in mind.

#1: Assault occurs when there is no contact, but for a battery, there must be actual physical contact.

The legal definition of “assault” actually includes the term “battery.” The cryptic definition explains assault as putting another in “reasonable apprehension of receiving a battery.” Essentially, this means you know you are about to get hit. You had to “see it coming,” so to speak. Also, the person must have intended to put you in fear of a battery. That simply means that it was not an accident.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

The biggest misconception about white collar crimes is that they are committed only among the wealthy. Anyone, from any socioeconomic background, within any demographic, can be susceptible to being involved in white collar crimes. These crimes are financially motivated, but may also involve taking clients from other businesses unlawfully, shifting accounts, reallocating resources, committing fraud, or unlawfully receiving government aid.

White Collar Criminals Can Be Anyone

Though the media focuses its attention on politicians, business moguls, celebrities, judges, and other individuals in “high powered” positions, it is not just the wealthy committing white collar crimes. For example, critics slammed the Social Security Administration for failing to adequately screen people before providing or continuing financial benefits. If someone is collecting government funds and their condition changes (i.e. they no longer are disabled, they return to work, or their medical condition improved), those people are under an obligation to notify the authorities of their changed status. Unfortunately, at the expense of taxpayers and honest recipients who dutifully report changes, thousands of people are collecting benefits that are no longer, or were never, eligible.

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 Posted on December 00, 0000 in Arrest

Most states, including Illinois, differentiate the various types of homicide based on the context of the killing. “Homicide” is the blanket category that includes murder and manslaughter. It can be confusing to decipher the differences when these terms seem to be thrown around interchangeably in the media and in daily usage. In legal application, however, there are important distinctions between each of the terms. These seemingly small, nuanced dissimilarities have significant implications on the sentence a person will receive who is ultimately convicted.

First Degree Murder

Essentially, murder occurs when one intentionally kills another human being. In Illinois, murder is further divided into two categories: first degree murder and second degree murder. In order to commit first degree murder under Illinois law, one of three states of mind must be present for a successful conviction:

• The defendant must have intended to kill or do great bodily harm, or at least know that such acts will cause the death to that individual or another;

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 Posted on December 00, 0000 in Traffic Violations

Sometimes a speeding ticket is “just” a speeding ticket. If drivers have a record of speeding tickets which include citations of  excessive speeds, infractions caught on camera, or in a construction zone, the effects on one’s license (and wallet) can be significant. This is an even greater concern when speeding is coupled with something such as drunk driving.

Many people incorrectly assume that because most traffic infractions are civil and not criminal, they cannot carry hefty penalties. However, most people also do not know that getting a speeding ticket in a construction zone the first time can cost a driver nearly $400, or that a second violation may lead to the state suspending the driver’s license.

Representation for Traffic Offenses

Some may undermine the severity of a traffic offense and fail to consult with a lawyer. You have the right to defend yourself against these charges and should if you believe your license could be threatened, if you did not commit the infractions you are being charged with, or if there was police misconduct. Everything from driving under the influence, reckless driving, open container, and other vehicle-related infractions, such as failing to wear a seat belt or text messaging, can have detrimental consequences to your future, not to mention the possibility of criminal penalties such as jail. These infractions can cause drivers to lose their license, raise their insurance premiums, and require them to fork over hefty fines to the city. Drivers that receive speeding tickets when driving with revoked or suspended licenses may face even greater repercussions.

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 Posted on December 00, 0000 in DUI

Though the state’s highest court vested the Illinois State Police the power to conduct DUI checkpoints beginning in 1985, the practice has recently re-emerged on our roads. In late August, a roadblock in Winnebago County caught three individuals suspected of driving under the influence. A few days later, police arrested another driver for crashing into a police cruiser stationed at a DUI checkpoint in Caseyville. These roadblocks, though seemingly effective, have always been controversial. Residents still question the legality of roadblocks on their roads and wonder what the officers that stop them are and are not allowed to inquire about during the stop.

What is a DUI Roadblock?

A DUI roadblock, also sometimes referred to as a DUI checkpoint, is a station set up on roads that requires drivers to stop at the officer’s request. Usually these stops will stop every car, or every third car, for example. The officers are generally looking for signs of intoxication, but may also check for seatbelt violations, compliance with state licensure requirements, or other vehicle issues such as broken lights. Officers present are not allowed to select cars at random based on arbitrary characteristics. Note also that while these are DUI, or “driving under the influence,” roadblocks in Illinois, the same effect is achieved in other states with a DWI roadblock, simply re-named “driving while intoxicated.”

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