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Recent Blog Posts
Illinois Study Suggests Racial Bias Exists in Traffic Stops
The Illinois Department of Transportation is required to compile an annual study of traffic stops in order to identify whether there is racial bias in who gets stopped. Cooperating police departments throughout the state submit their traffic stop data from the previous year, including:
- The total number of stops;
- The reasons for stops;
- The duration of stops; and
- The outcomes of stops.
The drivers involved are sorted into one of six racial categories: White, African American, American Indian, Hispanic, Asian and Native Hawaiian. Researchers use the data to determine whether drivers of certain races are more likely to be stopped, issued a citation or subjected to a vehicle search. IDOT released its study of the 2016 traffic stop statistics in early July. According to the data:
- The total traffic stops increased by seven percent from the previous year. There were 2,022,332 stops in 2015 and 2,169,796 stops in 2016. The number of stops has been between 2 million and 2.2 million since 2013. Nine more police departments participated in the 2016 study than in 2015, which may account for some of the increase.
Defending Against Sexual Assault Charges
Sexual assault charges can be fragile for prosecutors because of the nature of the evidence. The prosecution must prove that:
- The defendant committed the sex act; and
- The accuser did not consent to the act.
If the accuser cannot provide reliable testimony or physical evidence of the sexual assault, there is little chance that the case will end in a conviction. However, a skilled defense against sexual assault charges will not rely on the prosecution failing to prove its case. If you have been charged with sexual assault, your defense can be proactive in explaining your side of the case and finding holes in the prosecution’s evidence.
Physical Evidence
Part of a sexual assault case is establishing that the assault occurred and that the defendant was present at the time of the incident.
The prosecution will need witnesses or documents in order to confirm your location at the time of the incident. If you were somewhere else at the time of the alleged assault, you can provide your own witnesses or documents as proof.
Parental Kidnapping Charges in Illinois
Criminal charges for kidnapping your own child might seem strange, but it is a reality that many loving, well-meaning parents have faced. In fact, Health Research Funding (HRF) indicates that nearly 204,000 children have been abducted by a family member; that family member is often a parent or legal guardian. Learn more about parental kidnapping charges in Illinois, including what you can do to protect yourself when facing such accusations.
What is Parental Kidnapping?
Parental kidnapping sounds like a heinous crime – like a parent abducted their child with malicious intent. This is not always the case. In fact, some cases involve parents who have exceeded their parenting time, either accidentally or for reasons beyond their control. Others have attempted to protect their child from an abusive partner. Some may take the child because they fear they are about to lose custody or visitation with their child in a contentious divorce. All these reasons are understandable, but it does not make the action any less illegal.
Federal Drug Convictions Come With Harsher Penalties
U.S. Attorney General Jess Sessions recently instructed federal prosecutors to use the maximum charges in drug cases. If prosecutors follow through on the mandate, it will further illustrate how federal drug charges can have greater consequences for defendants than state drug charges. While both Illinois and federal drug convictions can result in prison sentences, federal laws require mandatory prison time for many convictions.
Illinois Laws
Punishments for drug convictions in Illinois vary, depending on the substance, the quantity and whether there was an intent to deliver:
- Marijuana possession is a misdemeanor if it is less than 10 grams or a first-time offense for not more than 30 grams. The penalty can be no greater than a year in jail.
- A second offense for possessing more than 10 grams or first offense for possessing more than 30 grams is a felony, which can be as high as class 1, depending on the quantity. A class 1 felony for marijuana possession can result in four to 15 years in prison.
Online DUI Classes or In-Person DUI Classes?
Though they are not a new thing, online DUI classes have become more mainstream. They were once only available to individuals who did not have a physical class near them, but now anyone can choose this option. However, it is not the right DUI class for everyone. Learn more about the online classes, including how they compare to physical classes and how it is that you can determine if they are the right option for you.
Advantages to Online DUI Classes
Being forced to attend a physical class is embarrassing and inconvenient on many different levels. First, you must ask for time off work to attend, which means you are going to miss out on the income you need to pay for your class and fines. You also need to arrange a ride to the class; this may require asking a friend, neighbor, or family member that may not know about your DUI arrest. So, now everyone knows about the mistake you made. Online classes can help you avoid all this trouble.
Understanding Internet Sex Crime Charges
A sex crime conviction can result in devastating punishments that follow you for the rest of your life. Besides prison time and fines, you may be required to publicly register as a sex offender. Even the accusation of a sex crime may be enough to ruin your reputation. The growth of the internet has increased the ways people can be accused of sex crimes, and the digital trail left on a computer makes it easier to gather evidence. There are several types of internet-related sex crimes you can be charged with.
Child Pornography
The possession of child pornographic materials is a serious offense. Illinois law defines child pornography as:
- Any visual medium, including videos and pictures;
- Involving someone younger than 18 or with a severe mental disability; and
- Depicting nudity or a sexual act, either actual or simulated.
Do You Qualify for an Expungement?
Having an arrest on your record is more than just embarrassing; it can impact your ability to find employment and housing. Expunging your record can help you work around these issues and may even give you an opportunity to pursue an overall better quality of life. Learn more about record expungement, including how to determine if you qualify, how to take the first step, and where to find help.
Do You Qualify?
Not everyone qualifies for expungement. To be eligible for expungement, you may not have any pending charges against you. Additionally, the disposition of your case must read:
- Acquittal (Finding of Not Guilty);
- NP (Nolle Prosequi);
- Dismissal;
- Supervision (successfully completed);
- FNPC (Finding of No Probable Cause); or
- SOL (Stricken with Leave.
Illinois Enacts New Law to Assist in Reducing Prison Population
The Governor of Illinois recently signed into law Senate Bill 2872 which should assist in reducing the state's prison population, as well as implement programs to help make communities safer. Referred to as the Neighborhood Safety Act, the new law also includes recommendations offered by the Illinois State Commission on Criminal Justice and Sentencing Reform.
The state has recently enacted several criminal justice reform laws which all aim to reduce Illinois prison population by 25 percent by the year 2025. The Neighborhood Safety Act will help reach this goal by giving the courts more discretion when it comes to sentencing. Judges will now be able to sentence convicted defendants to probation instead of jail or prison when they feel the circumstances warrant that sentence.
There will also be more rehabilitative programs made available to inmates, such as life skills training, substance abuse programs, and career training. Supporters of the new law noted that many offenders are released from prison in worse shape than when they entered, often leading to a cycle of recidivism. Giving inmates the tools to successfully reenter society so they do not return to criminal activity will help decrease the prison population.
Limited Immunity for Possession - What You Should Know
According to statistics, over 43,000 Americans die from a drug overdose each year. Many of these deaths involve opioid drugs, such as heroin, OxyContin, and hydrocodone. More specifically, Illinois saw over 1,300 heroine and prescription drug overdose deaths in 2012 alone. A large percentage of these deaths could have been prevented, had those with the person not been in fear of criminal charges for drug possession.
Thankfully, Illinois had implemented a policy that provides limited immunity to those who call for emergency medical treatment for a person who has overdosed. What do these laws look like, and how do you know if they apply to your situation? The following information may help.
Understanding the Illinois Immunity Law
In response to Illinois’ drug epidemic and startling rise in opioid deaths, lawmakers passed a bill in 2012 that provided limited immunity to anyone seeking emergency medical treatment for someone who has overdosed. This increases the chances that the overdosed person will receive naloxone, which can reverse the effects of an overdose and has, in many instances, saved lives of overdose victims.
The Flawed Science of Field Sobriety Tests
Almost everyone has seen, heard of, or experienced a field sobriety test. However, few people realize that these tests are based upon flawed science. In fact, one news source found that passing a field sobriety test is difficult, even when one is sober. Add in the stress, anxiety, and fear of actually having to go through it, and you have a recipe for a wrongful DUI conviction. Learn more about the flawed science of field sobriety tests, and how you can fight back against your DUI charge, with help from the following.
News Team Asks Sober Mall Goers to Complete Test
In 2013, NBC News stopped three people in a local mall and asked them to complete the field sobriety test. All three of them failed at least one portion. Balance issues and sleep deprivation were said to be some of the reasons that these folks struggled, but the truth is that these tests are far more difficult to pass than one might expect.
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