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Recent Blog Posts
What Is a Hate Crime?
The phrase "hate crime" is often used by the media and in casual conversation about certain types of criminal acts. Under state and federal law, however, "hate crime" has a specific meaning. Hate crimes are unique in that punishment for the crimes may be enhanced as a direct result of perpetrator’s motives for committing the crime.
How Illinois Defines a "Hate Crime"
A person commits a hate crime in Illinois when he or she commit one of the specifically listed acts because of "an actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of a person or group." This means that you can commit a hate crime even if you are mistaken about someone’s characteristics. It also means that not just any crime can be a hate crime. The crime must be one of the crimes listed in the law. For example, rape and murder are not listed as possible hate crimes in the Illinois statute.
Defense Lawyers Group Raises Questions About the Trial Penalty
Nearly every person or entity involved with the American criminal justice system is aware of the existence of the so-called "trial penalty." This penalty refers to the harsher sentences imposed on criminal defendants who exercise their right to a trial compared to those who accept plea bargains. There is little question that some form of a trial penalty is acceptable, but a new report from a national organization of defense attorneys suggests that the differences in sentences have become so severe that the penalty is threatening the right to a trial guaranteed by the Constitution’s Sixth Amendment.
The Sixth Amendment
The Sixth Amendment to the U.S. Constitution promises, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…" The amendment also guarantees a defendant the right to face the witnesses against him or her, as well that the right to legal counsel.
Illinois Governor Signs "Red Flag" Gun Law
Over the last several years, there has been no shortage of tragedies involving gun violence. Mass shootings in Connecticut, Colorado, Florida, and Nevada have raised the public consciousness regarding the availability of firearms and the associated rights promised by the Second Amendment to the U.S. Constitution.
In the wake of these terrible events, many states have passed so-called "red flag" laws that allow authorities to temporarily seize guns from individuals whom the courts have determined pose a threat to themselves or others. Earlier this month, Illinois became the 13th state to pass such a measure as Governor Bruce Rauner signed House Bill 2353 into law.
Firearms Restraining Order Act
The new law is called the Firearms Restraining Order Act, and it created a new type of specific restraining order for preventing a person from possessing, purchasing, or handling a firearm. The law also established a process for those who fear that a loved one may present a danger to themselves or others to take action.
A Police Officer Found Drugs in My Vehicle. Now What?
As per the Fourth Amendment to the United States Constitution, police cannot search a person’s private residence without a search warrant issued by a judge. So, if police believe you have illegal items in your home, that suspicion alone is usually not enough to merit a legal search. However, the laws which protect citizens’ privacy are quite different when it comes to motor vehicles. Because we operate vehicles on public roads, police have much more freedom when it comes to searching a person’s car or truck. If police have searched your vehicle and discovered marijuana, amphetamines, opioids, or other illegal drugs, you may be facing harsh criminal consequences.
When Can Police Legally Search a Vehicle?
Although police have more authority to search motor vehicles than homes, they are still required to follow certain rules regarding vehicle searches. An officer cannot stop and search a vehicle without a reasonable cause for doing so.
The Sneaky Methods Thieves Are Using to Shoplift
Retail theft costs American retailers over $40 billion each year in lost revenue. Stores must constantly be on the lookout for individuals who attempt to conceal products and leave the store without paying for them. Even with advances in security systems and vigilant loss prevention officers carefully observing patrons, stores continue to see increases in shoplifting.
Each year, more and more individuals are apprehended for stealing. Some retailers blame the increase in organized retail crime for the increase in theft losses each year. Many instances of shoplifting are not carried out by individuals but instead organized teams of thieves who work together to steal items from the store and sell them. Another method of shoplifting which is quickly gaining popularity is the use of "booster bags" which are designed to beat the in-store security systems. If you have attempted this or other methods of retail theft, you may face serious punitive consequences.
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