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Recent Blog Posts
Fake IDs Bring Harsh Penalties and Identity Theft Risk
A new effort is underway to curb use of fake IDs in Illinois. A letter released by Secretary of State Jesse White outlining his office's public awareness campaign has recently been published. While there are no recent changes to the existing law, Secretary White hopes that by emphasizing the risks and consequences of using a fake ID, Illinois will see a reduction in underage drinking and safer citizens.
In the last two years, over 1,200 people have been caught using fake driver’s licenses or identification cards. Their goal may be as simple as getting into bars, said Secretary White, but using or just possessing a fake ID is a serious offense that carries significant penalties. A conviction will result in a one-year suspension of driving privileges, up to three years in prison or 50 hours of community service, and a maximum $25,000 fine. In addition, the individual may face charges related to fraud and identity theft, which could potentially remain on the person’s record indefinitely.
Domestic Violence Hurts Both Women and Men
Every few months, it seems another high-profile case of domestic violence makes headlines involving some celebrity or other public figure. In the majority of these cases, circumstances seem to indicate or allege that a female has been victimized by the actions of her male partner. Male on female intimate partner violence is certainly far too common in the United States. However, it is far from the whole story. Domestic violence victimizes a surprisingly large number of men each year as well.
The National Institute of Justice and the Centers for Disease Control and Prevention sponsored an extensive study entitled the National Violence Against Women (NVAW) Survey to examine the extent, nature, and consequences of intimate partner violence in the United States. The findings were based a sample size of 16,000 men and women and presented some remarkable figures. The NVAW survey estimates that more than 2.3 million Americans are physically assaulted and/or raped by an intimate partner each year. Of that number, 1.5 million are women, which means more than 800,000 men are victimized every year by intimate partner violence. The survey also recognized that many victims suffer multiple assaults by their partner. Based on the study’s findings, nearly 5 million rapes and physical assaults are committed per year against women and nearly 3 million against men.
Number of People Sent to Jail for Inability to Pay Legal Fines Spikes in Recent Years
A year-long investigation by National Public Radio (NPR) has revealed that more and more people are ending up behind bars because they do not have the funds to pay the ever-increasing fines and court costs associated with criminal cases.NPR completed the investigation with the assistance of the National Center for State Courts and NYU's Brennan Center for Justice. There were more than 150 people interviewed, including, attorneys, prison right advocates, government officials and defendants who were incarcerated, as well as those who were not incarcerated.
One of the many findings the investigation uncovered is that there are many services that used to be free. Many of these services are constitutionally required; however, defendants are now paying for them. Some of these charges include:
- Defendants can now be charged for a public defender in 43 states. Under the landmark case of Gideon v. Wainwright, in 1963, all defendants are guaranteed the right to an attorney, even if they cannot afford one. Under the Fourteenth Amendment of the Constitution, states are supposed to provide counsel.
Standardized Field Sobriety Tests Used by Law Enforcement
When a driver is pulled over by law enforcement on suspicion of driving under the influence (DUI), the police will usually have the driver go through a series of field sobriety tests.
There are three standardized field sobriety tests used by police across the country, which were developed at the Southern California Research Institute, with support from the National Highway Traffic Safety Administration (NHTSA). These tests are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS).
When there is a disturbance to the brain’s ability to control eye movements, an involuntary bouncing or jerking of the eye occurs when a person tries to look sideways. This is referred to as nystagmus. Alcohol affects the brain’s ability to control the eye muscle, so a person who has been drinking will show signs of nystagmus. The more the person drinks, the more pronounced are the eye movements. For the HGN test, an officer will hold a penlight about a foot away from a person’s face and tell them to follow the light.
New Study Reveals U.S. Holds One-Fourth of Prisoners Worldwide
A new report, published by the National Research Council, has revealed some shocking statistics about the increase in how many prisoners there are in the U.S. Yet despite the dramatic increases, the report also classifies any effect this country’s policies on crime have had as highly uncertain.According to the report, between the years 1973 to 2009, the number of inmates in this country increased from 200,000 to 2.2 million. Currently, the U.S. has almost 25 percent of the number of prisoners being held worldwide. Yet the U.S. only has five percent of the world’s population.
Although the numbers show that the number of people incarcerated has risen, they also reveal the lack of any consistent pattern in crime rates. In the 35 year time frame the researchers studied, violent crime rates increased and fell several times. In their report, the study’s authors offered this explanation:
When is Spam Illegal?
Almost everyone receives the occasional piece of spam in their email inbox. What many people aren't aware of is that sending these bulk email messages may be considered a computer crime in Illinois.
According to Illinois computer crime law, sending an unsolicited bulk email may be illegal in the state under certain conditions. For example, in many cases the protections but in place by many email and service providers requires the installation of additional computer software in order to send these emails. The law states that installing or attempting to install software that "falsifies or forges electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers" is considered computer tampering, and is illegal.
Illinois to Offer Second Chance Probation for First Time Drug Offenders
First time perpetrators of a drug offense in Illinois may be able to catch a break under a change to several Illinois drug-related laws, including the Illinois Controlled Substances Act, Methamphetamine Control and Community Protection Act, and the Unified Code of Corrections.
According to Illinois HB 3010, anyone who has no prior felony offenses in Illinois or any other state may be able to receive sentence of probation. This change, which took effect on January 1, 2014, applies to any felony offense of a controlled substance punishable as a Class 4 felony for which probation is a possible consequence. This includes possession of methamphetamine. Several other crimes may also be permitted to fall under this change, including:
- Theft punishable as a Class 3 felony by property value;
Distracted Driving in Illinois
As technology has become a larger and larger part of our everyday lives, it has led to a serious issue: distracted driving. One of the most common forms of distracted driving results from using electronic cell phones behind the wheel. However, distracted driving can also include messing around with the radio, eating or drinking, or paying more attention to the passengers in your vehicle than on the road.
According to Illinois State Police, distracted driving is a relevant factor in over 1 million auto accidents in North America annually resulting in serious injuries and deaths. Here in Illinois, there are a few different restrictions regarding distracted driving:
- Ban on all cell phone use for bus drivers;
- Ban on all cell phone use for beginning drivers;
- Ban on texting for all drivers;
The Basics: School Bus Violations in Illinois
According to the National Highway Traffic Safety Administration, school busses are the safest way to transport children across the country to school. The agency estimates that there are 450,000 school busses around the country helping children get to and from school each day.
Although school bus procedures and designs are created to help promote safety, there's still a lot of misunderstanding about the severity of school bus stop violations. Although some individuals believe these are minor offenses, they can be taken very seriously as criminal charges in Illinois.
The majority of children killed in between school and home are not injured or killed inside the bus. The area around the bus where children board and exit is known as the death zone because of the high risk faced by children.
The most dangerous time for accidents is when smaller children are loading or unloading, and despite traffic laws regarding school bus zones, research indicates that there are violations of these rules on a regular basis. A study from the National Association of State Directors of Pupil Transportation conducted a test earlier this year where they counted 85,279 stop-arm violations during one day.
Illinois Police Increase Effort to Catch Drivers Passing School Buses
Students have been back to school for a few months now, but sometimes it is difficult for drivers to remember that it is illegal to pass school buses in certain situations. The Illinois State Police are making efforts to remind drivers that penalties are associated with these behaviors and that police have been instructed to keep an eye out for violators. If you have been pulled over and charged with illegally passing a school bus, you should hire a criminal attorney to represent you as soon as possible.
The Illinois State Police have launched their Drive Home School Safety Zone messages across the state after numerous school bus drivers reported drivers violating the laws on a regular basis. Local police officers partnered with state law enforcement to patrol school areas during arrival and departure times to monitor activity and catch possible offenders.
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From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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