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Recent Blog Posts
Understanding the Link Between Criminal Law and Civil Forfeiture
Most people understand that in the United States you cannot be sentenced for a crime until you have either entered a guilty plea or been convicted after a trial. However, in the case of civil forfeiture, you can be punished, even if you are not convicted or formally charged.
Losing Your Assets Before Your First Court Date
Civil forfeiture laws allow law enforcement to seize property suspected to have been used in the commission of a crime. It is called civil forfeiture because the process is independent of the criminal justice system. While under criminal law, a prosecutor must demonstrate guilt beyond a reasonable doubt, all law enforcement has to do to keep property it has seized is to show that the property was used in the commission of a crime by a preponderance of the evidence.
A preponderance of the evidence is a much lower standard of proof than "beyond reasonable doubt." In effect, this means that you can actually be found not guilty of a crime, but still lose your assets to civil forfeiture.
Marijuana Decriminalization Goes Back to Governor
For the second time in two years, Illinois Governor Bruce Rauner will have to decide whether or not to approve legislation that would make low-level possession of marijuana a civil offense rather than a crime. Last summer, the Republican governor used his amendatory veto authority to rewrite the proposed decriminalization measure, reducing the amount of marijuana to be considered low-level and increasing the punitive fines. Last year’s bill eventually stalled before making it back to the governor’s desk, but this year’s version also includes the changes Rauner made a year ago.
Current Legal Guidelines
Under existing Illinois law, if you possess or use marijuana, you are subject to criminal prosecution unless you have been formally approved for participation in the state’s medical cannabis pilot program. While many people may not think of marijuana possession as a serious crime, possession of up to 2.5 grams is a Class C misdemeanor, and up to 10 grams constitutes a Class B misdemeanor. Anything more than 10 grams is a may be prosecuted as a felony depending upon your conviction history, and potential penalties are increased if you are found to have intent to deliver.
Facing Criminal Charges for Assault?
One of the most confusing aspects of the law is the way in which certain words are used. In many instances, the legal definition of a word may be very different from its everyday, colloquial meaning. The primary reason for this phenomenon is that, under the law, words must be defined very carefully and in such a way that they can be understood throughout a given jurisdiction. Failure to do so can cause significant confusion for law enforcement, judges, attorneys, juries, and defendants. A common example of a word used differently in casual conversation and legal terminology is the word "assault." The meaning of assault according to the Illinois Criminal Code is not exactly what you might expect.
What Is Assault?
When you talk about an assault in a normal conversation, you are most likely referring to a situation in which one party—an individual, military squad, or other group—attacked and inflicted violence on another party. "I saw the man assault that girl." "The SWAT team conducted a nighttime assault on the suspect’s compound." In most cases, its definition is pretty clear.
Guidance and Tips for Illinois Crime Victims
Whether you have somehow been involved or associated with the sale or transport of illegal drugs, are a victim of domestic violence, or have the unfortunate experience of being exposed to a child abduction case, there are countless resources for Illinois crime victims. When you are victim of a crime, however, it is easy to feel overwhelmed and unsure of where to turn for help. In the most unfortunate situations, you could even find yourself being charged in connection with the crime, making your life even more difficult.
In certain areas of the law, it is easy to caught up in a world of trouble, despite being a victim or innocent bystander, including:
Illegal Drugs
One of the most prevalent crime battles in Illinois is monitoring the growth and sale of illegal drugs, such as marijuana. State police are constantly on guard to protect residents and enforce laws that prevent the cultivation and distributon of this and other drugs. Should you find yourself in the presence of an illegal drug, you can do the following to protect yourself from prosecution and help assist police:
Budget Issues, Increased Awareness of Wrongful Conviction Fueling "Softer" Penalties across the Country
Over the last few decades, heavy-handed, no-nonsense criminal justice policies have run rampant in America. Hundreds have been wrongfully convicted, and others have been prosecuted far beyond what should be deemed reasonable. However, budget issues and an increased awareness have recently forced lawmakers to reconsider their approach to crime, conviction, and even the penalties they dole out. Some may call the new approach "soft," but experts say it may not only be less expensive, it could prove to be more effective.
America Loves a Great Crime-Fighting Slogan
In the early 1970s, we fell in love with the "War on Drugs." In the 1990s, we incorporated the "three strikes and you are out" an "adult time for adult crime" policies. Each slogan carried with it a certain amount of enthusiasm and led to the swift and often wrongful conviction of thousands. Before long, America found itself with more incarcerated criminals than any other country and more prisons than colleges. Budgets began to crash and lawmakers began to realize that we had, essentially, painted ourselves into a corner.
New BAIID Requirement for Second or Third DUI Convictions
A charge of driving under the influence (DUI) is always serious. The impact to your life can be tremendous, even if you are able to avoid a conviction, as you may still need to contend with financial penalties, diversionary programs, and the suspension of driving privileges. A conviction, of course, will result in additional consequences, including possible jail time. For a second or third DUI conviction, the penalties are even more severe. Getting back on the road following a second or third DUI can be particularly challenging, but a recent law change clarifies some of the requirements for getting your driving privileges restored.
Five Years of Restriction
According to the law in Illinois, a person who has been convicted of a second DUI charge within 20 years will have his or her driving privileges revoked for a minimum of five years. A third conviction results in a revocation of driving privileges for at least ten years. To have driving privileges restored, an offender must apply for reinstatement with the Secretary of State’s office. In the past, the criteria for license restoration was relatively subjective, and each case was handled on individual basis.
Three Habits That Help Protect You From Internet Fraud
Scam artists, hackers, and identity thieves thrive on the Internet world to take advantage of unsuspecting consumers. Internet fraud and identity theft are serious crimes that do not discriminate; everyone is susceptible to becoming a victim. Protecting your mobile devices and computers as well as your electronic files is crucial to protecting your personal information, but it is easy to look past simple habits that can save that information from falling into the wrong hands.
Adopt the following three habits to safeguard yourself from internet theft:
Treat Your Personal Information Like Money in Your Wallet
This is easily one of the most effective ways you can ensure your information does not fall into the wrong hands. Keep your bank account numbers, credit card numbers, and social security number under lock and key and never share the information online unless you are certain what it is for, where it is going, and whether or not the source requesting it is legitimate. These numbers can all be used to open new accounts in your name or to steal your assets.
The Basics of Illinois Firearm Laws
Weapons and firearms laws in Illinois have long been among the most restrictive in the country. It is, however, possible for private citizens to own and carry a firearm under certain conditions. Failure to comply with the appropriate laws regarding firearms can have extremely serious criminal consequences, so it is important to understand how to remain legal at all times.
Firearm Owner&s Identification
The state of Illinois currently requires that anyone who owns a firearm must have a valid Firearm Owner’s Identification (FOID) card issued in his or her name. One must have a valid FOID in order to buy or possess firearm ammunition as well. Plain and simple, if you do not have one of these identification cards, you could face criminal charges if you are found to be in possession of either a firearm or ammunition. In order to qualify for such identification, you must provide a complete an extensive application and pay required fees.
Traffic Camera Ticket Lawsuit Gains Momentum
A lawsuit filed against the city of Chicago seems to have been strengthened by testimony offered in a deposition this week, according to the lawyer representing the three motorists serving as plaintiffs in the case. The attorney claims that a city employee acknowledged that City Hall manipulated the processes in place regarding tickets issued for alleged violations captured by red-light cameras and speed-cameras throughout Chicago.
The Suit’s Basics
The suit was filed on the basis that motorists were being routinely denied due process as the city attempted to boost revenue created by the traffic camera ticket program. The plaintiffs and their lawyers claim that City Hall ignored the Chicago municipal code which requires second notices of a violation to be sent to alleged offenders before liability can be determined. Despite not sending the second notices, non-responding violators were found liable, and substantial late fees were added to the initial fine. Over the last dozen years, the practice is said to have netted the city tens of millions of dollars in additional revenue, which the lawsuit is seeking to have refunded to motorists.
Driving Under the Influence in Illinois
Driving while under the influence of drugs or alcohol can have serious consequences that extend to all areas of your life. Some may even be that are longer lasting than those related other types of crimes. This is because receiving a DUI may impact your ability to legally operate a vehicle, which can have serious effects on your ability to transport your children, get to and from work, and to maintain a social life.
Depending on the circumstances of the situation—including your blood-alcohol level, whether or not anyone was injured, or whether or not there were children present at the time of arrest—sometimes the penalties may be more severe than in others. If you are ever pulled over for DUI, the most important thing to do is to remain calm. When you understand your rights and responsibilities if accused of DUI, the situation can be mitigated, at least to some extent, and result in less time without a license or legal access to a vehicle.
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