Civil Forfeitures on the Rise

 Posted on September 15, 2014 in Criminal Defense

Many people assume that financial penalties for crimes, like fines, cannot take effect until after a person has been convicted of a crime, but that is not necessarily the case. This is because of a new technique police departments are using known as civil forfeiture, which allows police to seize assets, such as cash, that they believe were used for a criminal purpose. Civil forfeiture is not technically a punishment for a crime, and police may seize assets under it without even having to press criminal charges.

This seizure process was developed in the 1980s as a method of combating drug cartels by depriving them of funds and assets, without having to go through a formal criminal process. However, following 9/11 and the increased police authority that came with it, civil forfeitures have been on the rise. In fact, according to a Washington Post report relayed by the Chicago Tribune, police have seized over $2.5 billion in cash since September 11th , 2001, often during traffic stops. With civil forfeitures becoming a more common issue, it is important for people to understand how to protect themselves and how to challenge a forfeiture should one occur.

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DUI Penalties in Illinois

 Posted on September 08, 2014 in Criminal Defense

The state of Illinois considers drunk driving to be a serious crime, and with good reason. According to statistics compiled by the Illinois Secretary of State, hundreds of people every year lose their lives in accidents related to drunk driving. With that in mind, the state imposes severe penalties like jail time, fines, and license suspensions for anyone caught driving under the influence. Even people who do not test positive for alcohol and instead simply refuse to take the breathalyzer test can still face serious penalties for doing so.

Penalties for Drunk Driving

In Illinois, drunk driving penalties start to occur once a person's blood alcohol content passes 0.08 percent, provided that they are over the age of 21. Underage drinkers trigger separate zero-tolerance penalties if they blow anything above a 0.00. Assuming the driver is of age, the severity of the DUI punishments depends on how many DUIs the person has had in the past. For a first offense, the person can find themselves in jail for up to a year, along with a possible fine of up to $2,500. Additionally, first-time DUI convictions result in a license suspension for at least one year. Furthermore, if the person's BAC is more than twice the legal limit, they face a mandatory minimum fine of $500, along with 100 hours of community service.

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What Happens when Probation is Violated in Illinois?

 Posted on September 02, 2014 in Probation Violations

When a defendant is charged with a probation violation, it means he or she has failed to meet some requirement or condition of a criminal sentence already imposed upon them. The state can bring a Petition to Revoke Probation in order to have the offender’s probation officially revoked by the court and have the offender incarcerated as a result of the violation. These charges are especially serious since they inherently involve the commission of an earlier crime for which the defendant was either found guilty or pleaded guilty and sentenced.

What to Expect Upon Violation of Probation

If the prosecutor files a Petition to Revoke Probation, the offender has a right to deny the charges and have a hearing, at which the court will hear evidence tending to prove a violation occurred. A violation can result from any number of acts, including commission of a new crime, failure to report to a probation officer, and testing positive for drugs or alcohol when they have been expressly prohibited. The offender is entitled to be represented by legal counsel at the hearing on the state’s motion, in addition to having legal representation at the sentencing phase if the court finds they are, in fact, in violation of the terms and conditions of their probation or supervisory portion of their sentence.

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