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Recent Blog Posts
Chicago Teens Arrested for Disorderly Conduct
According to a recent Chicago Tribune story, two teenagers showed up to a fight with another teen and his father in Downers Grove with bats. Due to an ongoing feud between two former friends over the past year, one teen challenged the other to a fight. The other teen and his friend came to the fight brandishing baseball bats, which they held up to the teen and his father as if they were going to hit them. When the pair heard police sirens approaching, they put down their bats, and did not actually strike any blows. Police arrested the teens for disorderly conduct and confiscated their bats. The teens later were released to the custody of their parents.
Although disorderly conduct is a misdemeanor charge under Illinois law, it still will become a part of your permanent criminal record if you are convicted. As a result, you will be required to report this criminal conviction on employment applications and disclose your conviction in other situations for the rest of your life. Additionally, a disorderly conduct conviction can carry a sentence of up to 30 days in jail and payment of a fine of up to $1,500.00. Therefore, the penalties for a disorderly conduct conviction can be quite severe.
Illinois Lawmakers Change Definition of Forgery for 2012
While state lawmakers made several changes to the Illinois Criminal Code for 2012, one major change involves the broadening of the definition of forgery under Illinois law. A forgery offense is a Class 3 felony, which carries a penalty of a prison sentence ranging from two to five years, as well as a fine of no more than $25,000, and restitution in an amount of no more than the total amount of the victim’s loss. As the penalties for forgery are quite severe, it is important that everyone realize what types of conduct constitutes forgery under the Illinois Compiled Statutes.
Forgery occurs when, with the intent to defraud, a person knowingly makes a false document or alters any document so that it is false, and the document is capable by its appearance of defrauding another. Additionally, forgery occurs when a person issues or delivers such a document, or possesses the document with the intent to issue or deliver it.
DUI Checkpoints in Chicago
DUI Checkpoints in Chicago Chicago police routinely establish DUI checkpoints in an attempt to nab drunk drivers, especially during holidays that commonly involve alcohol drinking. Legally defined, a DUI, or “sobriety” checkpoint is a temporary roadblock regulated by local law enforcement that stops certain vehicles in order to determine if the driver is intoxicated or under the influence of drugs. In addition, drivers who are stopped will be asked for registration, license and proof of insurance. They may also be ticketed even if they are not impaired for not wearing a seat belt, expired license and a host of other traffic infractions.
If a DUI checkpoint officer who subsequently suspects you of being intoxicated, you have the right to refuse a field sobriety test. Sobriety tests involve walking a straight line, reciting the alphabet, standing on one foot without falling or touching your nose with your right then your left index finger. A Chicago DUI checkpoint police officer may also want you to take a breathalyzer test in order to determine the alcohol content in your blood. Legally, you can refuse this test as well but consequences for refusing a breathalyzer may be more serious than an uncontested DUI charge. However, be aware that while an office can ask to search your car, he or she has no legal grounds to do so unless granted a search warrant by a judge.
Cook County Prosecutor Drops Gun Charges Against Englewood Illinois Resident
Law enforcement officials recently arrested 80-year-old Homer Wright for unlawful possession of a handgun after he shot and wounded an intruder who had broken into his Englewood home and tavern, which he has operated for over 40 years. The Chicago Tribune reported that Wright kept a gun to protect himself and his wife after experiencing multiple break-ins at his tavern, and having also been robbed at gunpoint. Unfortunately, Wright is a convicted felon due to two decades-old weapons convictions, one in 1994, and the other in the 1960s.
Amid uproar by community leaders and activists, Cook County prosecutors dropped the charges against Wright, “in the best interests of justice,” according to a spokeswoman for the state’s attorney’s office. In a community that has grown increasingly dangerous and violent over the years, the public overwhelmingly came out in favor of Wright, believing that Wright acted solely in self-defense in a dangerous situation.
Underage Driver Facing DUI Charges for Fatal Chicago Car Accident
The Chicago Police have charged the teenager driver allegedly responsible for a car accident that occurred around 2 a.m. on the morning of Monday, April 2. The accident happened, in the Brighton Park area of Chicago, and the driver told police that she had been drinking vodka and orange juice with her boyfriend at a nearby Chicago motel.
The eighteen-year-old faces misdemeanor DUI charges in the car wreck, which killed one man and injured five others. It’s possible that her DUI charge could be upgraded to a felony.She was also cited for failure to yield to the right-of-way, driving without a license, and driving without insurance. The woman was taken to the hospital with hand and arm injuries, where she was arrested. The current condition of the other injured drivers is unknown.
Under-aged drinking is a real problem. Unfortunately, young people make decisions about drinking and driving without having a real understanding of the potentially devastating consequences. One bad decision can result in life-altering consequences, including serious criminal charges.
Sentences for Juvenile Offenders at Issue in Upcoming Supreme Court Hearings
There are currently at least 100 Illinois inmates who were sentenced to life in prison without a chance for parole for crimes they committed while under the age of 18. The issue of life sentences for juvenile offenders is a controversial one nationwide, and the United States Supreme Court will soon hear two cases involving 14-year-old offenders that hinge on the issue of whether or not it’s right for those convicted of some juvenile crimes to face life in prison without parole.
A recent Chicago Tribune article points to the case of a man named Adolfo Davis. At the age of 14, Davis accompanied fellow gang members on what he expected to be a robbery, but that ended up with two men dead. Although Davis never fired a shot, he was sentenced to life in prison without the possibility of parole. In fact, Illinois law allows for youth as young as age 13 to receive a life sentence for murder, and those age 15 or older can be sentenced to life in prison with no parole for murders for which they only drove the getaway car or acted as a lookout.
Former Chicago White Sox Player Facing Drunk Driving Charges
Even celebrities and professional athletes can make the mistake of driving while under the influence of alcohol or drugs. According to the Chicago Tribune, the latest athlete that has landed in this predicament is the former White Sox closer Bobby Jenks. Jenks, who signed with the Boston Red Sox following the 2010 season, was charged with a DUI on March 23, 2012 in Fort Myers, Florida, where the Red Sox are currently training.
A police officer pulled Jenks over after observing his vehicle weaving through traffic. Jenks failed field sobriety tests, admitted that he had taken too many muscle relaxers, and also stated that he had hit another vehicle earlier at a Fort Meyers strip club. He now faces five misdemeanor charges, including driving under the influence, property damage, and leaving the scene of an accident.
“Walk and Turn Test” Used to Detect Chicago DUI Suspects
The so-called “Walk and Turn Test” is a common field sobriety test that Chicago law enforcement officers routinely use to detect whether a suspected drunk driver is intoxicated. This is a standardized test that the National Highway Traffic & Safety Administration has approved for such use. Depending on the results of the test, a driver could be charged with a DUI.
The first part of the walk and turn test requires the driver to stand heel-to-toe while listening to instructions from the officer regarding the rest of the test. The driver must balance in an awkward position while still listening to detailed instructions. Next, the driver must take nine steps forward on a real or imaginary line, and then nine steps back to the original position. The driver must take the steps heel-to-toe, and then turn by pivoting on one foot. Additionally, the driver must keep his or her hands at his or her side and count the steps out loud.
Chicago White Sox Will Not Partake in Alcohol Ban
While alcohol has long played a role in professional sports – both for the players and the fans – some Major League Baseball (MLB) teams have made the decision to ban alcohol from the players clubhouse. However, Chicago White Sox manager Robin Ventura recently reported to ESPN Chicago that the team will not be joining teams such as the Boston Red Sox, St. Louis Cardinals, Colorado Rockies, and Chicago Cubs in prohibiting players from drinking in the clubhouse. Ventura simply stated that he doesn’t have a reason to change the White Sox policy that allows alcohol, but that he would change the policy if “it needs to change.”
The alcohol ban may stem in part from multiple drunk driving accidents involving professional athletes. In 1999, Carolina Hurricanes star Steven Chiasson was killed while in a drunk driving crash after leaving the clubhouse with a blood alcohol content (BAC) of more than three times the legal limit. Similarly, four years ago, St. Louis Cardinals pitcher Josh Hancock was also killed in an alcohol-related accident after leaving Busch Stadium following a game.
Court Supervision in Illinois DUI Cases
According to the Illinois Secretary of State’s Office, first-time DUI offenders in Illinois are often required to complete a period of court supervision. If a court sentences you to complete court supervision, you will be required to comply with court-ordered terms for a specified period of time. While the terms of court supervision can vary from one case to the next, and may also differ depending on which Illinois state court is handling your DUI case, most court supervision orders share some common aspects.
First, court supervision often requires you to complete an alcohol evaluation and follow any treatment recommendations. For instance, you could be required to attend counseling or drug and alcohol education meetings, or take part in a program like Alcoholics Anonymous. It is also likely that the court will order you to pay a fine, and possibly other costs related to your DUI charge. The judge hearing your case also has the option of ordering you to complete a specified number of community service hours, especially if your blood alcohol content was well above the legal limit of .08 at the time of your DUI. Finally, a court supervision order could require you to participate in other types of alcohol education events, for example, a victim impact panel.
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