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Recent Blog Posts
Illinois Law Protects Referees From Assault
Interscholastic and youth sports serve a number of purposes for those who participate in them. Boys and girls can learn a great deal from being part of a team, including self-discipline, sportsmanship, and the importance of fair play, in addition to the benefits of increased exercise. Unfortunately, parents and coaches often lose sight of the true goals of youth and school sports as they become all but obsessed with the scoreboard and perceived slights on the court or field. In extreme cases, spectators, coaches, and even players may become so irate that they behave violently toward referees, umpires, and other officials. It is important to understand the risks of such behavior, as the penalties for attacking a sports official in Illinois can be severe.
Struggling With Sportsmanship
When a referee or umpire steps onto the field or court, he or she understands that players, spectators, and coaches will not agree with all of his or her calls. It is simply the nature of sports. Disagreement is one thing, but nearly every official has stories about parents or coaches getting too personal in expressing their displeasure with a call or ruling. It has gotten so bad in some regions that scholastic and recreational leagues are now struggling to find officials who are willing to tolerate the verbal abuse—often from people who do not know the rules themselves.
Illinois Supreme Court Upholds Drew Peterson Murder Conviction - "Drew's Law" Remains
Courtroom dramas on TV and in the movies often provide the public with a glimpse of the legal process, frequently including tense exchanges between witnesses, attorneys, and judges resulting in an objection to hearsay testimony and a ruling of “sustained” from the bench. However, a recent ruling by the Illinois State Supreme Court could have a sweeping effect on the admissibility of second-hand testimony during a criminal trial.
So What is Hearsay?
Commonly considered rumor or second-hand testimony, hearsay is information reported by a witness that is not based on that witness’s direct knowledge of the facts or incident in question. The presentation of hearsay testimony was largely considered to be a violation of a defendant’s 6th Amendment right to confront one’s accuser. After all, how could a defendant, or their attorney, attempt to question or discredit hearsay if the individual believed to have actually made the statement is not available for cross examination?
When Criminal Charges Arise from “Harmless” Hazing
Often described as a “harmless rite of passage,” or “tradition among members,” the issue of hazing frequently makes the news when an injury or even death occurs. When this happens, it is necessary for police to get involved, and that may result in those involved facing serious criminal charges.
Hazing Laws in Illinois
In 2014, the Illinois legislature approved passage of a bill that criminalized the act of hazing. That law provides for the following:
- A person commits hazing when they knowingly act in a way or cause a situation that puts another at risk of bodily injury for the purposes of induction or admittance to any group, organization, or society connected with an educational institution.
- The action or situation is not authorized or sanctioned by the educational institution.
Will My Criminal Arrest Automatically Disappear if I Avoid a Conviction? No.
Any time that a person is arrested on suspicion of criminal activity, a record of the arrest is created. That record remains a part of the person’s criminal history regardless of whether he or she is ever convicted. The arrest remains even if formal charges are never filed or are dismissed along the way. Having an arrest in your background can lead to uncomfortable questions and embarrassing conversations with potential employers, landlords, and school admissions officers.
The good news is that the state of Illinois makes it possible for individuals to get arrest records removed through a process known as expungement. The bad news is that many people do not realize the opportunity is even available, let alone what it entails. There are also a number of myths regarding expungement that continue to persist, making it more challenging for people to know what to believe.
Myth: An Arrest Will Be Automatically Expunged Without a Conviction
Does Race or Gender Influence Concealed Carry Permit Applications?
Earlier this year, Illinois officials announced that the total number of annual applications for concealed carry permits were on the decline. However, when it comes to legally owning and carrying guns, it turns out that certain segments of the population have maintained a steady interest in self defense and exercising their 2nd Amendment rights.
Citizen Niches Maintain Steady Interest
A recent report that provided a breakdown of annual applications for concealed carry permits in Illinois revealed that, despite decreases in license applications in other groups, the number of African-American women receiving permits has risen steadily since 2014. The numbers, derived primarily from Cook County, Illinois, show the following:
Illinois Red Light Cameras Source of Much Controversy
Since the installation of red light cameras began throughout Illinois, much debate has occurred over the effectiveness of these once heralded traffic control tools. A great deal of controversy surrounds the issuing of traffic tickets to motorists, and people have questioned whether the cameras are a safety device or a revenue generating resource for municipalities.
New Report Claims Clout Drives Camera Placement in Illinois
Despite the need for approval from the Illinois Department of Transportation (IDOT) prior to installation of red light cameras, a recent investigation and report indicated the cameras were going up at intersections that did not meet the established threshold for monitoring. The investigation found that:
Nine Charged in Connection With Violence at Amusement Park in Illinois
The arrival of the fall season means that haunted houses are beginning to open and Halloween-themed events are getting underway—many of them slated to run until late October. Of course, Halloween celebrations often include images of frightful fantasies, including ghosts, vampires, zombies, and more. It is not uncommon for more adult-oriented haunted houses to hire actors to portray sadistic murderers in an attempt to arouse the fear of willing customers. For one family, however, the violence was all too real, as they were severely beaten following an altercation with a group of teens at a Halloween event at Six Flags Great America.
A Violent Evening
According to various news outlets, the incident began while the family—a couple in their 50s and their 12-year-old son—was waiting in line for a ride during “Fright Fest” at Six Flags Great American in Gurnee. A large group of teens cut in front of the family, and the woman asked the group to stop using foul language in front of her son. The teens reportedly responded by “sucker-punching” the 12-year-old boy, then attacking the parents as they tried to intervene. The group continued to kick, punch, and stomp all three victims as they went to the ground, a representative from the Gurnee police said.
Protecting Yourself During a Lawful Protest
As protests both peaceful and violent become more and more common in cities across the United States, it might be a good idea to understand in advance the rights one is afforded when taking part in such an activity. Of course, the 1st Amendment protects every citizen’s right to free speech, but knowing how your actions at a protest may have consequences allows you to protect yourself from criminal charges.
Know What is Required of You Before You Attend a Rally or Protest
As stated, the First Amendment protects your right to speak. However, it is not a magic shield that allows you to act without regard for the law. Presented here is a summary of some important facts to help protect yourself:
- Your speech is protected, UNLESS you are on private property. In that case, the owner of the property can set limits and can order you off their property if you violate those limits.
Drug Possession Charges: What Do You “Know?”
Recently, a post on this blog discussed the two different types of drug possession that could lead to criminal charges. “Actual possession” refers to drugs on an individual’s person, such as in a pocket or in a backpack that he or she is carrying at the time of the search or arrest. “Constructive possession,” by comparison, refers to illicit substances being found in a location that the suspect has control over, such as the interior of his or her car or residence. There are, however, two other elements that prosecutors must prove to secure a conviction in a drug possession case and they both revolve around the word “knowingly.”
Knowledge and the Law
According to the Illinois Controlled Substance Act, “it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog,” unless expressly permitted to do so for the practice of medicine or other purposes addressed in the law. Other statutes that govern the possession marijuana (in amounts greater than 10 grams) and methamphetamines contain similar language. The word “knowingly” is an extremely large part of the equation, and it can be broken down into two important elements.
Actual vs Constructive Possession: Drug Possession Charges in Illinois
If you have ever watched a television show about crime such as Law & Order or COPS, you have probably heard many of the typical claims a suspect makes when he or she is found to be in possession of illegal drugs. He or she might say “Those aren’t mine!” or “These are my friend’s!” or “Someone must have left these in my car.” In many cases, such excuses are little more than an attempt to avoid a drug possession charge. Sometimes, however, they are true. What happens if a passenger in a your vehicle brings drugs into your car and you are pulled over? It depends on the individual circumstances but in Illinois, where the drugs are found often determines what type of drug possession an individual can be charged with.
The Difference Between Actual and Constructive Drug Possession
There are two different types of drug possession in Illinois : actual possession and constructive possession. Actual possession is what most people think of as drug possession. It refers to an individual who is in physical possession of an illegal substance. He or she may be holding the item in his or her hand or carrying it in a pocket or purse. Actual possession also refers to an individual who attempts to dispose of drugs while being pulled over or questioned by police—by throwing them out the window of a car for instance. If a passenger in your vehicle is found to be in actual possession of drugs, you are less likely to be held responsible.
