Posted on May 21, 2015 in Criminal Defense

With high-profile criminal prosecutions regularly capturing national attention and the intense dramatization of courtroom proceedings on television shows and movies, many may be led to believe that every criminal charge will play out in an oak-paneled room, in front of a duly-appointed judge and jury. The reality is, however, that less than ten percent of criminal cases ever reach trial, and in federal cases, only around three percent will ever be tried. Instead, the vast of majority of criminal proceedings are resolved by means of a plea bargain.

What is a Plea Bargain?

A plea bargain, in effect, is a negotiation between prosecutors and a defendant, which seeks to reach a resolution to the case without requiring a trial. During the process, a defendant generally will agree to plea guilty to the specified charge or a lesser charge in exchange for a lighter sentence and/or cooperation with the prosecution of related cases. The Illinois Supreme Court mandates that any plea bargain must be voluntary on the part of a defendant who clearly understands the charges and associated penalties.

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 Posted on May 19, 2015 in BAIID

Did you know that if you are charged with driving under the influence (DUI), your driving privileges will be suspended, regardless of the outcome of the case? For a first-time offender, your license is automatically suspended for six months if you fail a blood-alcohol content (BAC) test, and 12 months if you refuse such a test. In addition, the Illinois Office of the Secretary of State can revoke your license until the conclusion of your case and beyond, depending on the final disposition. During your suspension, however, there may be measures of relief available to you that allow you to continue legally driving to work or school, and to provide for your family.

The most commonly used avenue of relief in Illinois is the Breath Alcohol Ignition Interlock Device (BAIID) Program. To qualify for the BAIID program, an offender is required to file an application with the Office of the Secretary of State to obtain a Monitoring Device Driving Permit, or MDDP. This permit allows a first-time DUI offender the opportunity to retain driving privileges during the statutory suspension of his or her license. Participation in the program is not mandatory, but declining the MDDP completely prohibits an offender from driving for the duration of his or her suspension.

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 Posted on May 14, 2015 in Criminal Defense

The laws regarding search and seizure of evidence can often be very confusing. It can be difficult for the average citizen to remember if law enforcement must obtain a warrant before searching a particular piece of property, such as a home, vehicle, or even a purse or wallet. Unfortunately, there are law enforcement officers who take advantage of the average person’s uncertainty regarding their rights by heavily implying or even stating outright that a requested search is not only legal, but that his or her compliance is mandatory. A decision by the United States Supreme Court last summer, however, established a definitive line regarding the search of cell phones incident to an arrest, specifically requiring law enforcement to obtain a warrant before conducting a search.

Two High Profile Cases

The issue before the high court was based in part on a case called Riley v. California, in which a young man had appealed an enhanced sentence based on information found on his cell phone. His vehicle had initially been impounded for traffic violations and a legal search of the vehicle found illegal weapons, leading to the man’s arrest. A subsequent search of his phone connected him to criminal gang activity, and as a result, additional charges were added and his sentence increased.

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 Posted on May 12, 2015 in Traffic Violation

With the summer driving season rapidly approaching and the school year winding down, many in Illinois cannot wait to take to the roads in search of fun, relaxation, and leisure. The travel season, however, is not without its share of dangers, as many drivers, and in particular, young drivers, may be too focused on seeking excitement than adhering to the rules of the road. While certain offenses, like failing to come to a complete stop at a stop sign, may seem relatively insignificant, the reality is that any traffic violation can be a serious matter. Certain violations, such as aggravated speeding, are even subject to criminal prosecution under Illinois state law.

Definition of Aggravated Speeding

Many drivers justify speeding with claims that they are still driving safely. However, speed limits for a particular segment of roadway are established based on the features and conditions that impact the safety of motorists. Therefore, exceeding the speed limit places not only the speeding driver at risk, but those around him or her. A momentary lapse in attention or an unforeseen object in the road can lead to a deadly accident.

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 Posted on May 07, 2015 in Uncategorized

Investigators are currently searching for the individuals responsible for a brutal attack inside a Manhattan eatery earlier this week. Two men were attacked at a Chelsea neighborhood barbecue restaurant in what many are considering a hate crime, apparently motivated by the sexual orientation of the victims. The incident was captured on cell-phone video by another patron in the establishment, leading friends and authorities to seek the public’s help in identifying the assailants.

Hate Crimes

While this particular incident occurred in New York City, accounts of such actions come from all over the country on a regular basis. In the Chicago area alone, more than 40 cases have been prosecuted by the Cook County state’s attorney under the Illinois hate crime statute since 2011.

What makes a hate crime different than any other type of crime is the motivation of the perpetrator. The United States Department of Justice (DOJ) has defined hate crime to be “the violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religion, sexual orientation, or disability.” Illinois is among the 41 states which, along with the District of Columbia, have enacted laws specifically dealing with hate crimes. These statutes allow for increased prosecution and more severe criminal penalties for crimes committed with such intent and motivation.

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 Posted on May 05, 2015 in Traffic Violation

As the weather warms and spring rolls into Illinois, one of the surest signs of the season is the appearance of orange barrels on area roads and highways. A large number of roadway improvement projects get underway every year about this time, and 2015 is no exception. This year’s scheduled plans include a large-scale road widening and bridge rebuilding on Interstate 90, among many others. While such improvements are necessary for the long-term usability of the roadways, commuters and travelers are reminded that traffic violations in a construction zone carry increased fines and penalties.

The Illinois Tollway and the Illinois Department of Transportation estimate that more 4000 accidents occur in work zones throughout the state every year. Nearly a quarter of those result in injuries to occupants of the vehicle or road workers. In 2014, 29 deaths were related to construction zone accidents, including three workers. Many of these accidents, injuries, and fatalities could have been prevented by drivers paying closer attention to changing conditions and the safe operation of their vehicles.

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 Posted on April 28, 2015 in Criminal Defense

Doing the right thing can be very difficult, especially when doing so may come at some expense to a family member or loved one. Such was the dilemma facing a Chicago woman last week when she recognized her son in security photos released by the Chicago Transit Authority. The pictures were posted in an effort to identify the primary suspect in a violent sexual assault which occurred on a CTA Blue Line train last Monday.

Reports indicate that surveillance cameras on board the “L” car captured the whole incident. The suspect, who turned out to be a 15 year old middle school student, was reported to have been seen on the video violently attacking the female victim, punching, kicking and groping her while demanding cash. He eventually took money from her purse, stole her cell phone, and left the train, warning her to stay where she was and to keep quiet.

The teen’s mother became aware that her son may have been involved when she saw the photos made public by the CTA following the incident. She made the tough decision to confront her teenager, convincing him to turn himself into authorities. According to reports, the youth was connected to the scene via fingerprint identification and allegedly penned a handwritten confession. The Chicago Tribune and other news outlets have reported the teen is now being held on $1 million bail on felony charges of aggravated sexual assault and robbery.

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 Posted on April 23, 2015 in Criminal Defense

While often associated with similar-sounding and related property crimes, offenses pertaining to burglary in Illinois are handled as a separate classification under law. Television and movies have promulgated the image of a burglar as an individual who breaks into a home or business to steal money or personal belongings. While such portrayals are not entirely inaccurate, they also do not tell the whole story. Burglary charges can be much more nuanced than many may realize.

Burglary Basics

Illinois law specifies that burglary is committed when, without proper authority, an individual “knowingly enters or without authority remains within a building” or other property intending to commit a theft or other felony. The law also indicates that a burglary can take place in any home, commercial building, housetrailer, boat or watercraft, aircraft, motor vehicle, or railroad car.

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 Posted on April 21, 2015 in Uncategorized

Last year, the state of Illinois enacted a ban on hand-held cell phone use while driving, making it illegal to talk or text without the use of hands-free features. As the law is now a quarter of the way through its second year, local law enforcement officials indicate that drivers can start to expect less leniency regarding mobile device use and texting while driving. Distracted driving, obviously, is more than just a legal or criminal issue; it also is serious public safety concern.

More Tickets, Less Warnings

Police officers in Orland Park have already issued more than 300 citations for hand-held devices use during the first quarter of this year. While the number is slightly lower than the same time period from 2014, it exceeds the quarterly average from last year. Department officials are hopeful the number reflects a new level of compliance with the law on the part of drivers. Initiatives with in the police department, however, have directed officers to issue fewer warnings and more citations now that drivers have had the time to become accustomed to the ban.

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 Posted on April 15, 2015 in Sex Crimes

According to numbers from the Federal Bureau of Investigation, about 80,000 forcible rapes were reported nationwide in 2013, including roughly 4,000 in the state of Illinois. However, in that same year, nearly 18,000 adults and children sought help at the state’s rape crisis and child advocacy centers. What the statistics seem to show is that most rape victims never officially report the crime, and Illinois Attorney General Lisa Madigan believes this to be a sign that the system is not working properly.

“When sexual assault goes unreported,” said Madigan, “we don’t just have a survivor whose life is damaged. We also have a situation that means that rapists will continue to be in our communities.” The Attorney General, along with Cook County State’s Attorney Anita Alvarez, announced the formation of a statewide task force aimed at improving sexual assault reporting and investigation. Improvements were needed, according the Attorney General, due to “critical failings” and “a systemic structural breakdown” in the way such cases are currently handled.

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