Recent Blog Posts
Governor Expresses Support for Marijuana Decriminalization, Vetoes Bill
The latest chapter in the ongoing story to reduce the population of overcrowded Illinois prisons unfolded in a rather anticlimactic fashion last week, as a bipartisan measure to decriminalize minor possession of marijuana was vetoed by Governor Bruce Rauner. Despite his ongoing efforts to help the prison system become effective, Rauner believed that the bill, in its current form, is a little too lenient and that the amount of marijuana to be considered decriminalized needs to be lowered. The governor did indicate, however, that he supports the legislation’s intended goals, but that such changes "must be made carefully and incrementally."
Goals of the Bipartisan Legistlation
As passed by the House and Senate earlier this year, the proposed law would make possession of up to 15 grams of marijuana a civil offense, similar to a traffic ticket. Rather than facing criminal prosecution, an offender would be required to pay a fine ranging from $55 to $125. The bill also sought to relax the state’s current zero-tolerance law regarding marijuana and driving under the influence. Under current statutes, a driver can be charged with DUI for showing any trace of cannabis in his or her system regardless of impairment or how long ago it was ingested. Lawmakers looked to establish an impairment standard, similar to a blood alcohol content limit, of 15 nanograms of THC per milliliter of blood.
What is Conditional Discharge?
Nearly everyone has heard of imprisonment as a possible sentence for a crime, and most people have heard of probation. But there is one unique resolution to criminal charges in Illinois that is unfamiliar to many throughout the state: “conditional discharge.” In addition to this, Illinois allows for another type of punishment, as well, known as “court supervision.”
What is Conditional Discharge?
Conditional discharge is a sentence that a judge can impose if they believe that neither a sentence of imprisonment nor one of periodic imprisonment or probation supervision is appropriate. Conditional discharge is similar to probation in that there are certain conditions you must comply with in order to keep your freedom, but it is different in that you do not have to report to or be supervised by a probation officer. The monitoring is done by the court instead of by a probation officer. Conditional discharge results in a conviction on your record. If you violate the terms of your conditional discharge and you get caught then the prosecutor can file a motion to revoke your conditional discharge. They do not have to prove you violated your conditional discharge beyond a reasonable doubt in the way they would have to prove a criminal charge. Instead, they must only prove it by a preponderance of the evidence. If the prosecution is successful, you could wind up with additional terms being added to your conditional discharge, or you could wind up in jail.
Transmuted Property: Changing the Disposition of an Asset
As a marriage comes to an end and the spouses begin to consider divorce, they must start to identify the property and assets that constitute the marital estate. This is an important part of the process, as a recent post on this blog discussed, because any and all owned property must be classified as a marital or non-marital asset for the purposes of property division. What may be surprising, however, is that property that was once non-marital can become marital property through a process called transmutation, effectively allowing it to be divided in divorce.
What is Non-Marital Property?
The Illinois property division laws provide a pretty clear description of assets that are considered to be non-marital. As you might expect, property that was acquired before the marriage-and not obtained "in anticipation" of marriage-is not a marital asset. In addition, non-marital property also included assets acquired after the marriage by means of:
Perjury in Illinois
When a person is facing criminal charges, the temptation and incentive to lie can be overwhelming. Very few people want to go to prison or want to be on probation, so many people try their hardest to talk their way out of trouble. Sometimes that talking involves lying. That lying, depending on the circumstances, can result in serious criminal charges, including perjury charges.
What Is Perjury?
If you have been involved in a trial or ever seen a court show on television, you have seen the process of swearing in, during which the witness is asked, “Do you swear to tell the truth, the whole truth, and nothing but the truth?” The witness always responds with “I do,” or “yes,” or some other affirmative answer. With the possible exception of some witnesses who are asserting their Fifth Amendment right to remain silent, witnesses rarely respond “No.” Yet, some witnesses lie. When a witness swears to tell the truth and then fails to do so, the question becomes whether he or she has committed the very serious offense of perjury.
Interference with a Penal Institution
When a person is convicted of a crime it can be hard for his or her entire family. While one family member is in jail or prison, the other members of the family have to make their way over many hurdles to spend time with the incarcerated person. Sometimes the incarcerated person may put pressure on his or her family members to break some of the rules, and even sneak in some forbidden items. Doing this and getting caught can result in severe consequences for everyone involved.
Bringing Contraband into a Penal Institution
It is a crime to bring contraband into a penal institution. What constitutes contraband? Contraband includes items such as alcohol, drugs, syringes or needles, weapons, firearms, ammunition, explosives, tools to defeat security mechanisms, cutting tools, and electronic contraband like cell phones and recording devices. Penal institutions include prisons, jails, halfway houses, and other similar institutions. A person can be found guilty of bringing contraband into a penal institution if the prosecutor can prove that a person:
Understanding Equitable Distribution in Divorce
Despite becoming a colloquial cliché, your ex-spouse will not necessarily get half of everything after divorce-not in Illinois, anyway. Instead, property division laws in Illinois are based on the principle of equitable distribution, a concept much more complex than adding up assets, subtracting debts, and splitting the result down the middle. Equitable distribution requires a couple-and the court, if necessary-to divide the marital estate in a manner that is fair, just, and accounts for each partner’s contribution to the marriage.
What is the Marital Estate?
The first consideration in the division of property process for a divorcing couple is to determine the assets and debts that are to be allocated. According to Illinois law, the marital estate includes any property acquired by either spouse during the course of the marriage, with very few exceptions. Gifts and inheritances to a particular spouse are not considered to be marital property, nor are property and proceeds generated by the use or sale of such gift or property. Likewise, property owned previous to the marriage and proceeds generated by it are not marital assets either.
What Is a White Collar Crime?
Some types of crimes are motivated purely by financial gain, and these types of crimes are called “white collar” crimes, referring to the non-violent and money-centric nature of these crimes. White collar crimes often involve fraud in some form, dishonest behavior, or the inappropriate handling of funds or money that belongs to someone else. White collar crimes are often characterized by a highly complicated scheme devised to improperly make or steal money without anyone either noticing that money is missing or being able to easily identify the source of the theft. When white collar crimes happen, many people are affected and victimized.
Most Common White Collar Crimes
There are a number of white collar crimes that result in criminal charges. Fraud is the most common white collar offense, and it takes many forms. Wire, mail and internet fraud; business, business investment, and business opportunity fraud; bank, insurance and mortgage fraud; medicare-medicaid fraud; and securities fraud are some of the most highly popularized and widely reported white collar crimes in the media. For example, failed Ponzi schemes and insider trading are two white collar crimes that many people have heard about in the news due to the high profile individuals that have been involved in these crimes.
Steps for Getting Your Driving Privileges Reinstated
When driving privileges are taken away in Illinois, they may be taken away in one of three manners:
- Driver’s License Suspension. When your driver’s license is suspended, your driving privileges have temporarily been withdrawn. You will get your driving privileges back so long as you do not do anything to make your situation worse. A suspension only lasts for a designated amount of time, or until you pay or reach an agreement concerning payment for money that you owe, such as for outstanding child support or unpaid court fines.
- Driver’s License Revocation. When your driver’s license is revoked, your driving privileges have been taken away indefinitely, and there is no guarantee that you will ever get them reinstated.
- Driver’s License Cancellation. When your driver’s license is canceled, you have no driving privileges in Illinois.
The Victims’ Rights Clause Confuses the Civil and Criminal Systems
Both the United States and Illinois have two different justice systems: the criminal justice system and the civil justice system. When you are charged with a criminal offense your case is supposed to be handled in the criminal justice system. However, over time some of the important distinctions between the two have become blurred. This is particularly clear when it comes to so-called victims’ rights provisions, like those found in the Illinois Constitution.
The Traditional Difference between the Criminal and Civil Justice Systems
The criminal and civil justice systems are different. The civil justice system is wherein civil lawsuits are filed by ordinary individuals. This system exists to address grievances that exist between private people, between a private person and a company, or between two companies. In contrast, the criminal justice system is meant to have nothing to do with private wrongs. Within the criminal justice system, a person may be accused of committing a crime against the state. That is why these cases are prosecuted by a “state’s attorney” rather than some private attorney hired by the accuser or his or her family. Each system has its own burden of proof and its own mechanism of justice. While in the criminal system, imprisonment is available if a person is found guilty, in the civil system the liable person is held responsible by being ordered to pay money to the injured person.
No Warrant, No Cell Phone Search
Being arrested for a crime can be a very frightening experience, especially if it has never happened to you before. It is easy to get caught up in trying to protect yourself by simply agreeing to any requests by the arresting officer, including searches of your property that might otherwise require a warrant. While becoming confrontational with law enforcement is not likely to be in your best interest, knowing your rights certainly is. Any violation of your rights could result in the charges against you being dismissed completely, which, as of last year, includes a warrantless search of your cell phone.
Search of Your Person
When you are arrested or detained, an arresting officer is permitted to conduct a search of your person for items that would present a danger both to him or her and to yourself. The search is also designed to prevent the destruction of evidence currently on your person, including controlled substances, drug paraphernalia, or other proof of criminal activity. Last summer, however, the United States Supreme Court declined to extend permission to the search of electronic devices, ruling instead that a warrant based on probable cause is required first.
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