Recent Blog Posts
State Senate Passes Juvenile Transfer Reform Bill
The spring legislative session was a fairly busy one in Springfield as lawmakers passed a number of measures that now await action by Governor Bruce Rauner. One such bill, which has been referred to as the "transfer reform bill," is designed to grant juvenile courts additional authority in deciding whether or not to try an alleged juvenile offender as an adult. The measure hopes to increase rehabilitative efficacy and prevent more young people from entering an unbreakable cycle of crime and punishment.
Automatic Transfer Laws
In 1899, Cook County was the first jurisdiction in the country to introduce a juvenile court system. Based on the premise that adults and children were inherently different, lawmakers agreed that appropriate consequences for criminal activity should generally differ based on age and maturity. As crime in the 20th century peaked, however, a wave of "war-on-crime" efforts swept the nation, leading to new laws allowing more juveniles to be tried in adult criminal courts.
Probable Cause: When Are Police Allowed to Search a Vehicle without a Warrant?
Two of the most common types of criminal charges are drug charges and weapons charges. These two types of cases have something in common. They often involve a police officer searching some area (like a car or a home or a person) and finding an item that is the very basis of the crime, like a gun or drugs. Of course, many people understand that in most situations the police need a warrant to go in and search someone’s home. This is ultimately because of the Fourth Amendment. However what many people do not understand is that, because of some United States Supreme Court decisions, the police usually do not need a warrant to search a vehicle.
Occasionally the Police Need a Warrant to Search a Car
Very often police do not need a warrant to search your vehicle. Certainly, however, there are some exceptions. For example, if your car is being stored in your garage at your home and none of the warrant exceptions apply that would allow the police to search your home without a warrant, then they probably cannot search the car without a warrant (or your permission) either. This is because without your permission or a warrant, they cannot go into the garage. However, if your car were parked on a public street in front of your house, then a warrant likely would not be required.
Talking to Your Kids about Your Divorce, Part 2: The Conversation
You know how tough it can be to talk with your children about certain realities of life. At some point, you will likely be required to discuss with them challenging issues such as the death of a loved one, bullying or social concerns, and physical and emotional changes related to adolescence. For many parents, speaking with their children about divorce is incredibly difficult. It is, however, a conversation that must take place in order to maintain your children’s trust and to help ensure they understand the changes that will be occurring. A recent post on this blog discussed some ways to prepare for talking to your kids about divorce and today’s will look at important details of the actual conversation.
Schedule Your Talk
The discussion about your imminent divorce is not one to casually begin in the car on the way home from the movies. You and your children need to set aside the appropriate time to work through the details without feeling rushed or pressured. Also be sure that you and your spouse have reached the “point of no return” regarding divorce or separation. Telling your kids that you are “considering” a divorce or separation will only cause unnecessary uncertainty at an already confusing time. Let them know that changes are happening, not that they might.
Illinois’ Strict Revenge Porn Law
Google made big news recently when it announced its decision to remove nude or sexually explicit images posted on the internet without consent from its search results. The practice of posting private sexual images without the consent of the person in the pictures is commonly referred to as “revenge porn.” This name comes from the practice of jilted lovers posting intimate pictures of an ex once a romantic relationship has ended. Historically there were few laws governing this practice. However, Illinois recently passed a strict criminal law that deals with this issue.
Illinois Passed a Strict Law against Revenge Porn
In December of last year, former Governor Quinn signed a strict anti-revenge porn law into effect before leaving office. This law goes so far as to make it a felony to post sexually explicit photos or videos of another person online without his or her consent. This new law just went into effect on June 1. The crime is a Class 4 felony, which can be punished by one to three years in prison and a fine of up to $25,000. Additionally, if a person who posts these images makes money off of them or receives any goods in exchange for posting them, the law requires that the money or goods be forfeited. The law does not just cover pornographic websites. It also prohibits the posting of these images without consent on other types of websites, including social media websites.
The Average Illinois DUI Offender
Driving under the influence of alcohol, marijuana, or other drugs is extremely dangerous. There is little question regarding that fact. Impaired drivers present serious hazards not only to themselves and the occupants of their vehicles, but to anyone else currently on or near the road, including pedestrians and bicycle riders. Anyone, certainly, is capable of drinking too much and getting behind the wheel, but, over time, certain trends have emerged regarding DUI arrests. Combining all available DUI arrest information, the Office of the Illinois Secretary of State has created a compilation of the average person arrested for DUI.
Keep in mind that, as an average, this composite is for illustrative purposes only. Based on the DUI records in recent years, the average DUI offender in Illinois is:
- Male: More than three quarters of those arrested for driving under the influence are men;
Illinois’ Hate Crime Law
In the wake of the tragedy in Charleston, S.C., there has been a great deal of public discourse about the reasons why people commit violent crimes. Those of us who handle these cases understand that a whole host of sociological, psychological, and physical factors come in to play and that in some cases it is simply impossible to know why these things happen. There is certainly some evidence that the shooter in the Charleston case may have been motivated by racism. But it is impossible for us to know if that was this young man’s exclusive motivation, and we will not understand his true mental state unless and until he undergoes psychiatric evaluation.
When race, or some other sensitive characteristic, such as gender or religion, plays a role in a crime, it often gets called a hate crime. Hate crimes have a very specific definition under the law, and it is important to understand exactly what a hate crime is.
Talking to Your Kids about Your Divorce, Part 1: Preparations
In an ideal world, informing your children of your imminent divorce is one of the most difficult conversations you will ever have. The world, however, is rarely ideal and, in reality, talking to your kids about divorce is more likely to result in several, if not many, very difficult conversations. Your children deserve to know, obviously, that their lives are about to significantly change, and there may even be positive effects from being appropriately forthcoming with them about the situation.
As you prepare to tell your children, do not begin the conversation on a whim. This is not the time to start talking and “see where it goes.” Your children will need to know certain, specific pieces of information that they may not be comfortable asking about, and you and your spouse need to be ready.
Work Together
If possible, you and your spouse should make the effort to talk with the children together, despite the difficulties you may be facing. This can help demonstrate to you children that you will continue to be a family, albeit with a new dynamic. It also eliminates the need for two versions of the same story, which can lead to confusion or force a child to choose which parent he or she “believes.” Cooperation at this point in the process may even lay the groundwork for future amicability between you and your spouse regarding the children.
Ignorance of the Law in Illinois
No one knows everything. We are human. However, when it comes to ignorance and the criminal law in Illinois, there is somewhat of a double standard. Criminal defendants are held responsible for their ignorance, but police are not.
What is the Law Regarding Defendants’ Ignorance?
Under Illinois statute, knowledge that certain conduct constitutes an offense is not an element of the offense unless the statute explicitly makes it so. Similarly, knowledge of the existence, meaning, or application of the statute defining the offense is not an element of the offense unless it is included in the offense. In other words, a person does not have to know that his or her conduct is criminal or that there is a law against it in order for that person to be held criminally responsible. A person’s ignorance or mistake as to a matter of either fact or law only provides a defense in extremely limited circumstances, like when the ignorance negates the existence of the mental state required for the crime or the person has relied on certain official interpretations of the law like administrative regulations, statutes, court opinions, or certain other official interpretations.
Understanding the Bail Process
You probably have heard the terms “bail” and “bond” used interchangeably related to the arrest of an individual. It may have been a friend, family member, or even a celebrity, but it is not uncommon to hear or read that a person has been “bailed out of jail” or has “posted bond.” Although the terms are related, they do not mean exactly the same thing and understanding the difference may be helpful if you are ever confronted with such situation.
What is Bail?
If you have been arrested on criminal charges, you are entitled by law and the Constitution to a trial. Due to scheduling and backlogs, however, there may be a significant amount of time between the arrest and your required appearance in court. To ensure that you appear when scheduled, the court has three basic options:
Practical Aspects of Medical Marijuana Law Remain a Challenge
In Illinois and in other states around the country, marijuana has being legalized for certain limited purposes, usually for medicinal use when certain requirements are met. The medical marijuana law was passed in January of 2014 in Illinois, but the state has run into several issues in implementing it. One of the most recent hurdles to overcome in the process of establishing medical marijuana dispensaries involves determining from what sources to obtain the seeds necessary to plant the drug.
Getting Started
Those who are interested in getting into the business of legally selling medical marijuana must overcome several hurdles in order to do so. Many requirements and regulations are written into the relevant law, including obtaining licenses, planning for security, and planning for building the facility. Once that is accomplished, growers must then decide where to obtain their first seeds or cuttings, which would enable them to actually grow marijuana for medicinal purposes. Some are arguing that this presents a challenge for legal reasons.
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