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Dealing With the Fallout from a Probation Violation in Illinois
If you have been convicted of a crime in Illinois, one of the more favorable outcomes is receiving a sentence of probation, rather than jail time or another sentence. Probation is almost like a second chance; it allows you to continue living in your home and going to work as usual, rather than being confined in jail. After your conviction, you will attend your sentencing hearing, which is where the judge will announce that you have been sentenced to probation. The judge will also decide what your probation requirements are, which can be things that you are prohibited from doing or things that you are required to do. Your probation is contingent on these terms, meaning you must follow them or you risk being incarcerated. If you violate the terms of your probation, a series of events will take place.
Receiving a Notice of Your Violation
There are a few ways you could be accused of violating the terms of your probation. If you were sentenced to unsupervised probation, you do not have a probation officer who is checking up on you, but you can still be arrested by police during your probation period. If you were sentenced to supervised probation, your probation officer will be monitoring you and can report when they believe you have violated the terms of your probation. Once a petition for violation of your probation has been filed with the court, you will receive a notice in the mail instructing you to attend your violation hearing. If you do not attend, a warrant will be issued for your arrest.
How Do I get my Drivers License Back Following a DUI Arrest?
Drunk driving in Illinois carries both civil and criminal penalties. On the criminal side, a person convicted of a first DUI offense faces up to one year in jail and a $2,500 fine. Separately, the Illinois Secretary of State's office can "summarily" suspend the license of any driver who either fails a blood-alcohol test or refuses to take one at a police officer's request.
A summary suspension is a civil matter. This means the Secretary can suspend your driver's license even if you are never charged or convicted of a criminal DUI offense. Additionally, while you can challenge a civil summary suspension in court, the state's burden of proof is much lighter than in a criminal prosecution.
License Suspension Upheld Despite Police Losing Evidence
For one thing, the burden is on the defendant, not the state, to establish there are grounds to rescind the civil suspension. Only after the defendant makes this "prima facie" case does the state have to produce evidence supporting its decision. Even then, the state only needs to prove its case by a "preponderance of the evidence" rather than "beyond a reasonable doubt," as it would in a criminal DUI proceeding.
Can a "Consensual" Encounter With Police Lead to a DUI Charge?
Normally an Illinois police officer must have probable cause to stop you on suspicion of a DUI. The Fourth Amendment to the U.S. Constitution protects all individuals against "unreasonable" seizures by the police. However, what if an officer stops to speak with you for another reason and subsequently discovers evidence that suggests drunk driving?
Court Reinstated Driver's License Suspension
The Fourth Amendment does not apply to "consensual encounters" with the police. In other words, if you speak to the police voluntarily, and not under coercion or detention, you cannot later invoke the Fourth Amendment to claim any evidence obtained against you was an illegal search. Of course, it may not be obvious to you at the time that an encounter was "consensual." Consider the following case in point.
Recently, an Illinois appeals court had to decide whether to reinstate a suspended driver's license. A trial court previously decided to exclude evidence of DUI obtained by a police officer on Fourth Amendment grounds. The appeals court said the judge applied the law incorrectly and reinstated the suspension.
When Can the Police "Stop and Frisk" You?
You are walking down the street minding your own business. A cop approaches you and starts asking questions. After a few moments, the cop decides to frisk you and discovers illegal drugs or drug paraphernalia in your pockets. You are arrested and charged with possession.
Is this legal? Can the police just "stop and frisk" you without a warrant? Unfortunately, in many cases they can and do. Illinois courts afford police wide discretion to conduct stop-and-frisk searches where a "reasonably prudent person" would believe his or her "safety was in danger."
In theory, police are entitled to conduct these types of warrantless searches to protect against a person with a dangerous weapon who might try to hurt someone. But in practice, stop-and-frisk often leads to over-broad policing that unfairly targets certain groups. The American Civil Liberties Union of Illinois notes that Chicago police disproportionately target African-Americans, who represented "72 percent of stops, yet constitute just 32 percent of the city's population." Additionally, the majority of stop-and-frisks do not recover dangerous weapons or any other illegal activity.
What are Common Defenses to Robbery Charges in Illinois?
Charges involving violence against another person are often prosecuted to the furthest extent of the law. Illinois is no exception. Any form of robbery is considered a felony under Illinois law. Robbery occurs when a person knowingly takes property from a person or in the presence of an individual by using or threatening force. Robbery charges can also be considered aggravated robbery if you indicate that you have a firearm or other weapon during the robbery. Robbery is a serious crime that can have serious consequences if you are convicted.
Basic robbery is classified as a Class 2 felony, which carries a minimum of three years and a maximum of seven years in prison and up to $25,000 in fines. In some circumstances, robbery can be charged as a Class 1 felony, which carries four to 15 years in prison. Aggravated robbery is always charged as a Class 1 felony.
Robbery Defenses
Most people would agree that a favorable conviction or sentence would be devoid of jail time. If you are arrested for robbery, you are not automatically guilty – you must be found guilty. Arguing for your innocence will likely include these common defenses to robbery charges:
4 Things to Be Aware of Before Filing a Medical Malpractice Case
Unfortunately, medical malpractice is a common occurrence in the United States. According to Johns Hopkins Medicine, medical negligence is the primary cause of death for more than 250,000 people each year. This puts medical negligence at the third leading cause of death in the United States, behind heart disease and cancer. Sadly, medical errors and negligence are usually preventable, meaning most of those deaths were unnecessary and at the fault of the doctor. One thing people can do after they or their family members experience an injury from a medical error is file a medical malpractice case. However, these cases can be complicated, so before you pursue a medical malpractice claim, here are four things you should know:
1. The Burden of Proof Lies Completely With You
In medical malpractice cases, the victim has the burden of proof. The physician does not have to prove that he was innocent; you and your lawyer have the responsibility to prove that the physician’s mistake was the reason that you suffered an injury. You must also demonstrate the actual losses you suffered because of the doctor’s error, such as additional medical treatment, disability, and pain and suffering.
How a "Structural Error" can Render a Criminal Trial Unconstitutional
If you are facing felony charges, it is important to make sure the court respects all of your constitutional rights. While even the best judges make honest mistakes, such errors can prove costly when you are facing the loss of your freedom and the permanent taint of a felony conviction. Therefore, a defendant should never hesitate to object - or in some cases appeal - when a judge fails to follow the law.
Murder Conviction Overturned After Judge Kicks Out Defendant's Grandmother
A recent Illinois case illustrates how a seemingly minor procedural error can be a big deal in a felony case. The defendant here was tried for murder. A jury convicted the defendant and the judge sentenced him to 100 years in prison.
The Illinois First District Appellate Court reversed the defendant's conviction and ordered a new trial. The reason is one that, on first glance, might seem odd. Before the start of any criminal trial a judge must select a jury. This is a process known as voir dire. Basically, lawyers for the state and the defendant get to ask prospective jurors questions and move to exclude any juror they feel may be biased.
Appeals Court Ruling Allows Lawsuit Against Uber to Go Forward
A Chicago couple may continue their lawsuit against Uber after an appeals court in Illinois reversed the ruling of a Cook County judge. The couple was injured in 2014 in a chain of events that began when they were kicked out of an Uber vehicle near 44th Street and Homan Avenue in the Brighton Park neighborhood. The lawsuit seeks damages for the injuries the couple suffered as the result of being hit by a car while walking home from where the Uber driver left them.
A Quick Recap
In October 2014, the couple used the Uber app to request a ride home from the movies. They were picked up at the theater at around 2:00 a.m., but according to court documents, the Uber driver did not drive the proper route to the couple’s home. He allegedly made several wrong turns and ended up lost. When the couple tried to help by giving the driver directions, he reportedly got upset and kicked them out of the car prior to reaching their intended destination.
Three Ways You can Help Prevent a Dangerous Winter Car Accident
As Old Man Winter stretches his legs across the United States, cold temperatures and snowfall begin to appear in the weather forecast. While snow makes for a pretty landscape, it can be deadly for drivers. According to the National Highway Traffic Safety Administration, nearly 17 percent of all car accidents occur during times when winter weather conditions are present. Wintery roads bring about many dangers to drivers, such as slippery surfaces, snow, wind, black ice, and slush. Though weather conditions are out of drivers’ control, drivers are still responsible for their actions, especially when a traffic accident occurs. Here are a few ways you can be proactive this winter to help you avoid a car accident:
- Make Sure Your Vehicle is in Good Condition: The first thing you should do when the cold weather rolls around is to perform a maintenance check on your vehicle or take it to a mechanic who can perform a check. It is a good idea to make sure all of your headlights, taillights, and blinkers are working. It is also a good idea to make sure your car battery is in good condition and has a decent charge. Be sure to check the tread on your tires and their air pressure.
How Police Excessive Force Can Lead to Criminal Charges Against the Victim
This past January, the U.S. Department of Justice (DOJ) completed a formal investigation into the Chicago Police Department (CPD), specifically the misuse and overuse of force in ways that violate the civil rights of Illinois residents. The DOJ found there was "reasonable cause to believe" that CPD officers routinely took part in acts that "unnecessarily endanger themselves and result in unnecessary and avoidable uses of force." This was not the result of a few bad officers, the DOJ said, but rather a system-wide "failure to train officers in de-escalation and the failure to conduct meaningful investigations of uses of force."
IL Judges Reverse Battery Conviction of Man Tased Repeatedly by Police
There are many cases where police not only use excessive force, they turn around and charge the victim with a crime, such as assault and battery. Sadly, many of these victims-turned-defendants suffer from mental illness. The DOJ report noted that many law enforcement officers are not properly trained to deal with "complex situations" involving people with mental health problems and, as a result, the situation quickly escalates.
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