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Recent Blog Posts
99-Year-Old Dutch Woman “Arrested” to Fulfill Bucket List Wish
The phrase “bucket list” entered the public consciousness sometime around 2006 or 2007 thanks, in large part, to a feature film called The Bucket List. As an irreverent play on the idiom “to kick the bucket”—which means to die—a bucket list has come to be known as a list of experiences that a person would like to have at some point in his or her lifetime. Common bucket list items include climbing a mountain, swimming with dolphins, and visiting the Statue of Liberty. Some people, however, crave something a little different—such as the elderly woman in the Netherlands whose wish was to see a jail cell from the inside.
“All Smiles”
According to various reports and the Facebook account of the police department in the Dutch town Nijmegen-Zuid, a 99-year-old woman named Annie was “arrested” last month at the request of Annie’s niece. Officers gently placed the woman in handcuffs, drove her to the police station, and locked her in a holding cell. Photos posted to Facebook show Annie beaming with delight as she proudly showed off her handcuffs, finally getting her wish to “experience a police cell from within.” The local police department called it a “day to remember,” and it is surely one that nobody involved will soon forget.
Issues Unique to Juvenile Defense
Despite the common belief to the contrary, juvenile criminal cases are often more complex than those for their adult counterparts accused of the same offense. Regulations covering the criminal conduct and prosecution of juveniles are not uniform, with individual courts often instituting their own policies on any aspect of such procedures not explicitly governed by the relevant law. If one is accused of a crime while still a juvenile under the the law, there are certain questions that may must be addressed that would likely be taken for granted with an adult defendant.
Similar Yet Different Rules
Juvenile proceedings in Illinois are usually governed by the Illinois Juvenile Court Act , though some, such as for minors in possession of controlled substances, are usually tried in the same court as those of adults accused of the same offenses. However, some of the rights commonly associated with criminal trials are not granted to juvenile defendants. For example, no bail is available in the juvenile system, and juvenile defendants are not usually held until their trial, even for crimes that might otherwise warrant it.
Judge Sends Drunk Driver’s Mother to Jail for Courtroom Behavior
A criminal courtroom is a serious place. Sometimes, the setting may seem more somber than is necessary, but, in most cases, the decisions being made will affect the lives of not only the defendant but his or her family as well. It is up to each judge to determine what types of behavior are and are not acceptable in his or her courtroom, and some are certainly more lenient than others. A recent example from Wayne County, Michigan, however, demonstrates the dangers of failing to act appropriately as the mother of a drunk driver was sent to jail by a judge whose patience had been tested enough.
Tragic Circumstances
The incident occurred during a sentencing hearing for a 25-year-old woman who had pled guilty to driving under the influence and causing death. The woman had been arrested in June following a DUI accident which killed one man and severely injured the man’s fiancée. She was back in the courtroom last month to receive her sentence and listen to impact statements from the victim’s family. The admitted drunk driver was in tears as the impact statements were being read, but the woman’s family members had a different reaction.
Defending Against Weapons Charges
The Second Amendment guarantees the right of United States citizens to keep and bear arms, but that right is not absolute and may not be exercised with unbridled abandon. Occasionally, the average layman may misunderstand the scope of weapons regulations , or even willfully decide to violate them. Either way, an attorney knowledgeable on the subject can help ensure that such a charge is dealt with appropriately and in a timely fashion.
Understanding Illinois Weapon Laws
The offenses grouped under the vague category of “weapons charges” are numerous and varied. Most are related to improper carrying, display, or use of a firearm in an inappropriate place, but using or brandishing any weapon can land its owner in trouble with the law, as well as owning one without a license or FOID (firearm owner’s identification card). Illinois does have fairly stringent gun control laws, with several small details that can prove problematic if they are not sufficiently understood.
Limits Passed on Stingray Devices | Will County Criminal Defense Attorney
Limitations on Stingray Devices
Stingray devices are used prevalently throughout the state of Illinois by local and state police departments. These powerful pieces of equipment, also known as “cell site simulators” or “IMSI catchers” mimic a standard cell phone tower. They are useful in tracking cell phones by sending out signals to a cellular device which allows the operator to locate the responding phone. However, with this technology comes the rise of privacy concerns as the device also returns data regarding the phones of those who are not under investigation. The problem motivated Illinois legislators to alter the state’s laws to protect the rights of Illinois citizens.
Why Are They Used?
A Stingray is only about the size of a suitcase but can intercept, collect, access, transfer, or forward the data received or stored by hundreds or thousands of cell phones within any given geographic area. Although they are not used throughout the entire United States, the cities and states that have them have been able to assist those in need. For instance, in October the technology helped in locating a 6-year-old girl in Arizona. When the device is in active mode, a compatible device is forced to disconnect from the actual cell tower and connect with the simulator, forcing all devices in the area to identify their location with the use of radio waves.
Record Sealing and Expungement | Joliet Expungement Lawyer
Understanding the Difference Between Record Sealing and Expungement
Being convicted of a crime can severely limit one’s housing and employment opportunities. Sealing or expunging your record can often mitigate such issues. However, it is important to understand the difference between the two before filing a motion. An experienced expungement and record sealing lawyer can provide details on how you can improve the chances of a successful outcome in your criminal record sealing or expungement case.
Sealing vs. Expungement
At first glance, sealing of a criminal record and expungement might seem like the same thing, but the reality is much different. An expungement is akin to starting over with a clean slate. Any trace of your arrest or conviction is erased from government databases and no one can look up details about your case. It is almost as though it never even happened. Record sealing is somewhat similar but not the same. Information about your conviction remains in government databases, and select groups can still access your record, including the military, healthcare providers, and financial institutions. However, most will be unable to search for or find information on your criminal conviction other than any media information that may have been published.
The Dangers of Drag Racing | Will County Criminal Defense Attorney
The Dangers and Consequences of Drag Racing
Drag racing, sometimes also referred to as street racing, involves at least two vehicles competing in a speed race against one another. Drag racing can be a straight shot—meaning that the racers maintain a straight path—or it could be a race along a designated course that includes public streets, roadways, and highways. In most cases, the object of drag racing is for one driver to arrive at a destination first and in the shortest amount of time. However, sometimes the point of street racing is to test the physical limitations and stamina of drivers over the course of a long route or to prevent another, third-party vehicle from passing.
Street racing has been highly popularized over the last decade or so due to its appearance in a number of movies and high-profile celebrity deaths. However, drag racing and any other form of racing is illegal on the roads and highways of Illinois , and those caught participating in street racing activities may face sever criminal charges with long-lasting consequences.
Why Are Juveniles Held to a Different Standard of Accountability Under the Law?
For several decades now, the golden question regarding juvenile crimes has been why we try juveniles and adults differently for similar crimes. More specifically, many wonder why those as old as seventeen years of age (nearly adults) are still considered “youth” in a court of law, instead of adult offenders.
Experts have studied the psychological factors behind such an approach extensively over the years and have discovered a number of reasons why juveniles—including nearly adult seventeen-year-olds—are different from adults in the world of criminal law. Uncovering these findings has helped us to understand, then, why the U.S. Supreme Court treats juveniles differently, holding them to an entirely separate standard of accountability than adults.
Brain Development and its Effect on Teen Behavior
Anyone who is a parent to a teenager or is otherwise close to a teenager is familiar with how difficult adolescent behavior can be. Teens are often impulsive and argumentative, especially as they reach the later teen years. This is essentially the source behind the youth offender’s differential treatment in the law system. A teen’s brain differs significantly from an adult's brain due to development, causing teens to make all kinds of irrational, impulsive, and, at times, downright destructive choices. Quite simply, the difference in brain development affects a teen’s behavior, which distinctly separates them from adults under criminal law.
Factors That Place Youth at Risk for Juvenile Delinquency
The causes for youth crime are just as diverse as the reasons behind adult crime with some leading to nothing more than a one-time offense, while others result in repetitive, problematic behaviors that continue for much of the offender’s lifetime. Delinquent acts, as they are referred to in the juvenile justice system, can be triggered by mere peer pressure or can stem from a more serious, deep-rooted emotional problem. Whatever the cause for juvenile delinquency, any act committed by a young person that may be considered criminal should not be taken lightly.
Criminal Motivation
A number of things can motivate a youth offender to commit a delinquent act, but studies show that there are certain factors that contribute to a teen’s tendency to display criminal behavior. When it comes to youth violence, for example, The Centers for Disease Control and Prevention (CDC) report that the following factors make it more likely that a young person will commit violent acts and continue to commit the same acts over time:
The Burden of Proof in a Criminal Case
When an individual has been charged with a crime, he or she is presumed to be innocent until he or she is proven guilty in a court of law. In a criminal case, the burden of proof is the highest in any area of the law, and justifiably so. Other areas of law deal primarily with concerns related to money and property, but a criminal defendant often faces serious punitive consequences, including, in some states, the death penalty. While capital punishment is no longer used in Illinois, a criminal conviction can still change a person’s life forever. The standard of proving guilt beyond a reasonable doubt looks to ensure that only the truly guilty are convicted and subsequently punished.
The Government’s Role
News stories and television programs often make reference to the idea that the victim of a crime can press charges against the alleged perpetrator. This, however, is only partially true. It is possible for a victim to file a police report and to cooperate in the prosecution of an alleged offender, but it is up to the government to decide whether or not to actually pursue a conviction. Depending on the nature of the offense, the prosecution may be handled by a United States Attorney in federal court or by the State’s Attorney’s office in the appropriate Illinois county.
