TELEPHONES ANSWERED 24 HOURS A DAY
FREE CONSULTATION
312-629-0669
Recent Blog Posts
Could Your Teen Be Accused of Child Pornography Charges For Swapping Nude Selfies With Friends?
A “selfie” is a digital self-portrait taken with a smart phone or other mobile device and distributed digitally online, usually by and through social media. While the technology is not really new, its use is; it is being adapted to fit a world where pictures often say more than tens of thousands of words. That said, like many aspects of the ongoing digital revolution, which has continued apace for the last 20 years, the first wide spread adopters of such technology and techniques are those within younger generations – in this case teenagers.
And unfortunately, youthful curiosity mixed with technology can and increasingly does lead to legal trouble, sometimes of the federal kind. When selfies are taken by and shared with others (even other minors) that contain any kind of nudity or sexually explicit content, they potentially can violate child pornography laws – which is a criminal and, in some cases, federal liability.
New Aggravated Speeding Charges in Illinois Are No Joke
While those who have never had to face the question may think the distinction is trivial, the difference between being charged with a “petty” speeding ticket and punished with an aggravated speeding offense is dramatic.
In addition, while the speed limit increased from 65 to 70 mph in Illinois, new laws went into effect on January 1 of this year, which reduce the limit from 40 to 35 mph over the posted limits to qualify for more serious and expensive driving penalties.
Petty Speeding Vs. Aggravated Speeding
Petty speeding is what most people think of as the kind of driving that is against the law. In other words, drivers are issued tickets for driving too fast. In fact, under Illinois law, petty speeding is any driving offense where the speed limit is not broken by more than 25 miles per hour. Aggravated speeding is an offense where the speed of the offender’s vehicle is caught traveling 26 miles per hour or more over the posted speed limit.
Illinois DUI Laws Some of the Strictest in the Nation
State law in Illinois is extremely aggressive in its prosecution of drivers who operate a moving vehicle while under the influence of alcohol or drugs. In addition to a zero-tolerance per se driving law for cannabis, drivers are considered impaired if blood-alcohol level is .08 percent or higher. Illinois DUI laws also gives discretion to the apprehending officer to cite drivers for the same if blood alcohol is over .05 percent, but the penalties for drunk driving are not automatically triggered and depend on the decision of a court case (or plea deal).
Statutory Summary Suspension
Per Illinois DUI laws, drivers tested roadside with a blood-alcohol level (BAC) over .08 percent or who refuse testing at the scene will have their driver’s licenses immediately suspended. Drivers will then have 45 days to fight this in court. After that time, if still pending, the suspension is automatically triggered for six months. Those who fail chemical testing will have their driver’s licenses suspended for six months, although DUI laws allow for year-long suspensions which can be imposed for refusal to submit to chemical testing. The full range of DUI penalties depend upon whether it was a first-time offense, or factors such as whether or not bodily harm occurred as a result of the intoxication.
Property Crimes in Illinois
Theft, robbery, and burglary are felonies in the state of Illinois unless the value of the property damaged or taken is less than $300. Furthermore, property crimes are classified either as misdemeanors or felonies, depending on the overall property value involved. Punishment for felony property crimes can include fines and/or prison. Property crime law is also very extensive in Illinois. It is considered an “index crime” because this is how these crimes are listed by the Federal Bureau of Investigation.
The following provides information on the different types of property crimes and how they may be committed.
Illinois’ Ban the Box Law on Criminal History and Employment
Last year, Illinois Governor Pat Quinn signed legislation adding Illinois to the list of 12 states around the country that allow applicants for government sector jobs to apply for employment without having to disclose previous felony convictions. Recently, he also signed legislation sent to him by the Illinois General Assembly, which extends this new civil rights protection to workers in the private sector as well. Illinois has now become the 5th state in the country that requires both government and private employers to remove mandatory pre-interview job screening questions that relate to previous criminal convictions. The law is set to take effect in January, 2015.
After the initial application though, employers may still be able to ask about criminal histories. Because of this, if you have a previous criminal record, it may be in your best interests to consider the process of expungement to clear your name.
Illinois Street Gang RICO Act
The Racketeer Influenced and Corrupt Organizations Act, (or RICO), part of the Organized Crime Control Act of 1970, changed the way federal officials prosecute criminal organizations. In 2012, Illinois passed the state Street Gang RICO Act designed to empower local and state officials to round up suspected gang members en masse and charge them as members of criminal organizations.
What is RICO?
The Street Gang RICO Act is written to prosecute people involved in a pattern of activity described as criminal, which ranges from drug offenses and prostitution to gun crimes, robbery and murder. Criminal conspiracy convictions carry up to 30 years in prison and fines can reach as much as $250,000.
One of the more controversial parts of the law, originally designed to break up the mafia and organized crime organizations, allows coordination between federal and local law enforcement in the process of investigation and conviction. A person or enterprise can be convicted of charges for racketeering in any territory of the U.S. Those prosecuted successfully not only face fines and imprisonment, however, but also asset forfeiture in the most controversial aspects of sentencing.
New Illinois Law Means Inmates Can Challenge Conviction with DNA Testing
Legislation expanding Illinois’ convicts’ right to challenge convictions based on DNA testing has moved forward in the state this year. The statute that passed through the Illinois State Senate and House in the spring has just been signed by Governor Quinn.
The move by the state is part of a national trend in the last several years as the technology associated with DNA testing has improved, combined with a growing awareness in the legal community that the conviction of innocents is a problem that cannot be ignored by the American justice system. Additional technical assistance is available to both accused individuals and those who represent them via the National Institute of Justice.
Innocent People Often Plead Guilty to Avoid Harsher Sentences
Ticket Quotas Abolished Under New Illinois Law
As of this summer, after Governor Pat Quinn signed new legislation, all Illinois Enforcement Agencies are prohibited from using ticket quotas to guide the issuance of traffic tickets and citations.
Quinn’s statements when signing the bill demonstrate that he supports the right of police officers to have discretion regarding when and where to issue traffic tickets, and that these officers should not be required to issue tickets solely to satisfy a ticket quota system.
Specifics of the Law
The law does not just affect traffic violations, but rather impacts all local, county or state departments from requiring a quota system in any area where they are tasked to maintain the law – from hunting and fishing violations to issuances of tickets under Illinois’ marijuana drug laws. Furthermore, tickets issued may not be used to evaluate an officer’s job performance.
Medical Privacy Rights and Medical Marijuana
While the topic of medical marijuana in Illinois this year is a popular issue, those who qualify as patients and those who care for them are increasingly being placed in a very strange and often no-win situation in the gaps between federal and state law.
Lack of Privacy Rights
One of the most problematic issues, from a federal perspective on the topic, is precisely the area where patients’ rights to privacy clash with concerns over regulation and law enforcement. Where these protections fail, Illinois medical users can easily find themselves facing criminal prosecution for (at minimum) possession, if not use.
Most of the lack of protections for patients on this topic involve a failure of federal civil rights protections, particularly in situations that revolve around medical privacy and access. That said, the so-called “medical exception” to marijuana on the federal level (at the Supreme Court in the last decade) may change sooner rather than later by either case-setting precedent or federal legislative mandate, particularly after the elections in the fall. It is widely expected that changing state rules on the issue will begin to impact federal legislators more directly as at least three more states (Alaska, Oregon and Florida) are expected to vote in the fall for expanded medical and recreational use.
Uncooperative or Unlawful? Obstructing Officers in the Face of Disorder
With violence erupting across the nation in response to Michael Brown’s controversial death in Ferguson, Missouri, protesters are continuing to take matters into their own hands. What began as a solemn candlelight vigil for Brown on August 9, 2014, has since escalated into violence, landing hundreds of protesters in jails across the nation. Despite federal law enforcement intervention, the arrest rates have only continued to increase. Resisting and obstructing officers, obstructing justice, and refusing to disperse are among the many unlawful actions protesters resorted to in the face of police intervention.
Though the demonstrations supporting Brown’s cause have yet to reach Illinois, the issues surrounding the arrests are relevant to citizens here and everywhere. In many situations, there is a fine line between obstructing an officer, obstructing justice, committing a violent crime, or simply acting within your legal rights.
120 N LaSalle St, Suite 2600,
Chicago, IL 60602
TELEPHONES ANSWERED
24 HOURS A DAY
312-629-0669
Chicago Criminal Defense Attorney120 N LaSalle St, Suite 2600,
Chicago, IL 60602312-629-0669
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
