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Aurora Juvenile Crime Defense LawyerOriginally Posted February 16, 2016 ------ Updated November 29, 2021

Laws are always changing. This is one reason it is important to work with a knowledgeable criminal defense attorney if you or your child are charged with a crime. Amid the concerns about excessive use of force and other police actions in the last few years, Illinois has updated and expanded several statutes related to the juvenile criminal justice process. Among these changes is a new law that prohibits police from using deceptive interrogation tactics when they are questioning minors.

The legislation, which went into effect January 1, 2021, bars police from lying to juvenile criminal defendants. For example, police cannot claim to have evidence they do not actually have or lie about statements or confessions made by alleged co-conspirators. Lawmakers hope that these actions will help reduce the incidence of false confessions and wrongful imprisonment.

If you or your child were accused of a crime, contact an Elgin criminal defense attorney for help. Call 847-488-0889 for a free, confidential case evaluation.

 

Sources:

https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=110&GA=102&DocTypeId=SB&DocNum=2122&GAID=16&LegID=134773&SpecSess=&Session=


In 2012, the U.S. Supreme Court found that giving a life sentence to a juvenile with no possibility of parole violated the juvenile’s Constitutional rights. Specifically, the justices found that such a sentence was barred by the "cruel and unusual punishment" clause of the Eighth Amendment to the Constitution. However, after that decision there was some confusion about if the ban only applied to new sentences, or if it applied to older cases as well.

Decision Retroactive

In January of 2016 the Court held that its 2012 decision in the case Miller v. Alabama should be applied retroactively. This means that every juvenile in the country who was given a life sentence without the possibility of parole prior to the 2012 decision is entitled to a resentencing hearing. At the time of the decision, Illinois had some 100 inmates who would require resentencing. Some of the inmates had served decades in prison.

What Happens at a Resentencing Hearing

The juveniles that qualify for a resentencing hearing will not automatically be released. Likely, many will continue to serve lengthy sentences, but will have the terms of the sentence modified.

During a resentencing hearing, the court will need to take into account what the U.S. Supreme Court called the inmates’ "transitory immaturity" when imposing a sentence. All of the inmates will have to be given the chance to apply for parole at some future date. The prosecution will be able to present evidence as to why leniency in a given case is not appropriate. The inmates will have the chance to present evidence about mitigating factors and why the court should impose a more lenient sentence. However, lengthy, decades-long sentences may still be imposed if the court decides the crimes and the circumstances warrant it.

 This most recent decision does not mean the end of litigation over sentences for juvenile offenders. Any juveniles who are resentenced to lengthy prison terms may seek to appeal the resentencing as either not in keeping with the guidelines issued by the Supreme Court or on some other ground.

It is also expected that lawyers for inmates convicted as juveniles that are given lengthy sentences will continue to try limit the length of a sentence imposed by arguing that if a life sentence without the possibility of parole is cruel and unusual, a sentence that only releases a juvenile as an old man or woman is also cruel and unusual and therefore unconstitutional.

If you have been charged with a crime or have questions about pursuing a resentencing hearing, contact an experienced Elgin criminal defense attorney. We are equipped to help you understand the law and your available options to ensure you are treated appropriately throughout every step of the process. Call 847-488-0889 to schedule a free consultation at the The Law Office of Brian J. Mirandola today.

 

Source:

http://thesouthern.com/news/local/crime-and-courts/us-high-court-ruling-could-affect-illinois-inmates/article_916f0940-677b-5bc2-bc04-d10f620625e4.html

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Posted on in Search Warrant

Kane County Search and Seizure Law AttorneyAs an American, we have certain rights that are protected by the Constitution. Among these crucial rights is the right to be free from unreasonable searches and seizures of personal property. In other words, government officials, including police, must have a valid reason to search an individual’s property. However, what qualifies as an “unreasonable search” is not always easy to ascertain.

When Can Police Search My Home?

Police officers are limited in their ability to search a person’s house, apartment, mobile home, or other residence. Most of the time, police officers must get a search warrant before they can search a home. A search warrant will list the parameters of the search including the areas police are allowed to search and how long they have to complete the search.

There are exemptions to the search warrant requirement. Police may enter a person’s home and search for illegal materials or evidence of a crime without a search warrant under the following circumstances:

  • Permission – You have a right to refuse a police search of your home. If you or another resident gives police permission to search the premises, they do not need a search warrant.

  • Imminent danger or exigent circumstances– Police may also search a home if there is probable cause to believe that someone in the home is in danger, evidence of a crime is actively being destroyed, or a criminal suspect is trying to escape.

  • Illicit items in plain view – Police have the authority to seize illegal materials that are in plain view. For example, if you open the door for police and they can see drugs inside the home, they may seize the drugs and use them as evidence in future legal proceedings.

When Can Police Search My Car?

Motor vehicles fall under the “automobile exemption” when it comes to searches and seizures. This means that officers do not usually need a search warrant to search a vehicle. Police can search your car if you consent to the search, are arrested during a traffic stop, or if illegal items are in plain view from outside the vehicle. They may also search any vehicle that is impounded.

When Can Police Search Me?

Drugs, drug paraphernalia, firearms, and other evidence of criminal activity is often discovered on an individual. Police can search a person and their clothing if that person is being arrested. For example, if you are stopped for reckless driving, police may pat you down or empty your pockets. Officers may also search an individual if they suspect that the individual is hiding a weapon in their clothes or on their body.

Contact an Elgin Criminal Defense Lawyer

If you or a loved one were charged with a criminal offense in connection with a police search, contact the The Law Office of Brian J. Mirandola for help. If evidence was obtained by police during an illegal search and seizure, the evidence may be suppressed during criminal proceedings. Call our skilled Kane County criminal defense lawyers at 847-488-0889 today for a free, confidential case assessment.

 

Source: 

https://www.constituteproject.org/constitution/United_States_of_America_1992

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Posted on in BAIID

Aurora Drunk Driving Defense LawyerThe state of Illinois has instituted significant penalties for individuals convicted of drunk driving. Depending on the circumstances of the offense and the driver’s criminal history, a conviction for driving under the influence can lead to fines, driver’s license suspension or revocation, and even jail time. Fortunately, Illinois law also offers DUI offenders options for regaining their driving privileges. Often, driver’s license reinstatement requires the driver to install a Breath Alcohol Ignition Interlock Device.   

When is a Breath Alcohol Ignition Interlock Device Required?

Most of us drive multiple times a day. You may need to drive to get to and from work, pick up your children, attend medical appointments, and fulfill other important responsibilities. Fortunately, there may be a way for DUI offenders to get back behind the wheel legally.

DUI offenders are not automatically required to get a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicles. Often, a driver gets a BAIID as a condition of their Restricted Driving Permit (RDP). An RDP allows a DUI offender to regain partial driving privileges after a second or subsequent DUI conviction or aggravated DUI conviction.

BAIIDs are also required to get a Monitoring Device Driving Permit (MDDP).  An MDDP allows you to drive during your statutory summary suspension period after a DUI arrest. You are only eligible for an MDDP if you have no other DUI charges or convictions on your record.

How Does a BAIID Work?

A BAIID is a device that attaches to your vehicle’s ignition. Once a BAIID is installed on your vehicle, you can only start the vehicle by submitting a breath sample into the mouthpiece of the device. When you blow into the device, the device calculates your breath alcohol content. If there is alcohol on your breath, the car will not start up. If there is no alcohol on your breath, the vehicle will start normally. You will also be prompted to blow into the device throughout the trip while you are driving.

Illinois BAIIDs are equipped with a camera that takes a photograph of the person who is blowing into the device. Individuals with an MDDP or RDP that requires a BAIID are prohibited from driving any other vehicle. Driving a vehicle without a BAIID in this situation is a Class 4 felony offense.

Contact an Aurora DUI Defense Lawyer

If you have been charged with driving under the influence, contact Elgin criminal defense attorney Brian J. Mirandola for help. Call The Law Office of Brian J. Mirandola at 847-488-0889 today for a free, confidential consultation.

 

Source: 

https://www.ilsos.gov/departments/BAIID/baiid.html

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Kane County Retail Theft Defense AttorneyGrocery stores and retail chains across the United States are relying on self-checkout kiosks more and more. Self-scanning checkouts can reduce costs and speed up the checkout lines. However, they also offer additional opportunities for theft. One study showed that $850,000 of goods were stolen from self-checkouts over the course of 1 million transactions.

If you or a loved one were charged with retail theft after using a self-checkout, contact a criminal defense lawyer for help. Shoplifting may seem like a petty offense; however, it can lead to significant criminal penalties and even jail time.

Misusing the Self-Checkout Can Have Serious Consequences

Self-scanning kiosks are becoming increasingly popular. At a self-checkout, the customer is responsible for scanning the items in his cart, bagging the items, and paying the total. However, self-checkouts are not always used correctly. Some customers intentionally or unknowingly miss items while scanning. Others switch price tags on items to avoid paying full price. Another common tactic is to ring up an expensive item as a lower-priced item. This so-called “banana trick” is possible when the price of the item is determined by the item’s weight. Actions like these may seem harmless. Many people accused of self-checkout tricks like these do not even realize that the actions are technically shoplifting. It is only when the police show up with handcuffs that they realize how serious the situation really is.

Illinois Shoplifting Laws and Penalties

Being accused of theft is an embarrassing, upsetting experience. If you or a loved one were accused of retail theft, an experienced criminal defense lawyer can help. In Illinois, theft of items valued at less than $500 is a misdemeanor offense punishable by up to a year in jail and a maximum fine of $2,500. However, if the offender has previously been convicted of theft, the offense may be considered a felony even if the value of the goods is under the $500 threshold. Theft of items valued at greater than $300 is a felony punishable by several years in prison and up to $25,000 in fines.

Contact an Elgin Shoplifting Defense Lawyer for Help

Skipping a few items at the self-checkout may seem like a “victimless crime.” However, doing so can lead to criminal charges and irreparable harm to your personal and professional reputation. If you were charged with retail theft, contact the The Law Office of Brian J. Mirandola for legal help. Kane County criminal defense attorney Brian J. Mirandola can help you defend yourself against the charges and ensure your rights are protected during any criminal proceedings. Call 847-488-0889 for a free, confidential case assessment.

 

Source:

https://www.theatlantic.com/magazine/archive/2018/03/stealing-from-self-checkout/550940/

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

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elgin defense lawyer Domestic violence is a very real problem in this country. According to national statistics, almost 25 people per minute are victims of domestic violence. This comes out to more than 12 million victims every year. Far too many victims end up being killed by their intimate partners, and this has led the courts to take any accusations of domestic violence seriously. Unfortunately, some people make false accusations of domestic violence against a current or former partner because they have their own agenda. Not only is this unfair to real victims, but the severe consequences false allegations of domestic violence can have on a person’s life can be devastating.

Reasons Why People Make False Accusations

Given the damage a domestic violence accusation can cause to a person’s life, it may be hard to understand why someone would make a false claim like this. However, there are several common reasons why someone files false charges. Many of these allegations are made if a couple is going through a divorce or child custody battle in order to get the “legal” upper hand. A former partner may also be so angry over a breakup that they make the accusations out of vindictiveness.

Another frequent cause of these accusations is when the alleged victim was actually the perpetrator of the abuse, and the person now accused was only trying to defend themselves.  

Once an accusation of domestic abuse is made, the courts will issue a temporary order of protection. Typically, there is no hearing for a temporary order; the courts take the alleged victims’ word that abuse has occurred, and a hearing is scheduled to determine if the allegations are believable and if the order should be extended.

Having an order of protection, even a temporary one, can give the person making the allegations great power over the person they are accusing. Under an order of protection, the person who is being accused must leave their home if they share it with the “alleged” victim. They are not allowed to have any contact with the victim or have contact with any children the two have together. If a person violated an order of protection, the courts consider this a grave transgression and the person will be charged with a crime and could end up in jail pending the outcome of all the charges they are now facing.

Contact an Elgin, IL Defense Attorney

If you have been accused of domestic violence, it is important to understand what consequences a conviction can have on your future and why you need an aggressive Kane County domestic violence attorney defending you. Call The Law Office of Brian J. Mirandola at 847-488-0889 to schedule a free consultation and find out how we can help.

 

Source:

https://www.thehotline.org/stakeholders/domestic-violence-statistics/

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