Tag Archives: criminal law

Naperville criminal defense attorneys, jail house snitch reform, Illinois criminal defense, Senate Bill 1830, pretrial reliability hearings Lawmakers in the Illinois Senate have recently passed a bill that would better protect the innocent from convictions through protective measures. These measures are aimed at improving the reliability of jailhouse informant testimony.

Senate Bill 1830 requires that there be pretrial reliability hearings of an informant whom the prosecution plans to use, and whose testimony was gathered while that informant was detained with the defendant. There has been recent outcry about the use of jail house informants and their propensity to come up with exactly the type of testimony the state is seeking against a particular defendant in exchange for leeway in their own criminal case.

How Does This Law Protect the Innocent?

...
Continue reading

Illinois lawmakers want to raise standard for felony theft convictionsIllinois has set a goal of reducing its prison population by 25 percent by 2025. One way experts have targeted to reach that goal is by reducing the number of theft convictions that qualify as felonies.

According to current Illinois law:

  • A first-time offense of theft of property (not from a person) valued at less than $500 is a Class A Misdemeanor, punishable by less than a year in prison and a fine of as much as $2,500. Any subsequent offense of less than $500 is a Class 4 Felony, punishable by one to three years in prison and a fine of as much as $25,000.
  • Any theft of property (not from a person) of $500 or more is a Class 3 Felony, punishable by two to five years in prison and a fine of as much as $25,000.
  • A first-time retail theft offense of a value less than $300 is a Class A Misdemeanor, punishable by less than a year in prison and a fine of as much as $2,500. Any subsequent offense of less than $300 is a Class 4 Felony, punishable by one to three years in prison and a fine of as much as $25,000.
  • Any retail theft offense of $300 or more is a Class 3 Felony, punishable by two to five years in prison and a fine of as much as $25,000.
  • Any retail theft offense that includes using the emergency exit on the property can increase the severity of the charges. A first-time offense of less than $300 can become a Class 4 Felony. An offense of $300 or more can become a Class 2 Felony, punishable by three to seven years in prison.

The Illinois State Commission on Criminal Justice and Sentencing said in a December 2016 report said the monetary threshold for a felony conviction is too low, causing too many non-violent offenders to be sentenced to prison.

...
Continue reading

Internet Crimes in IllinoisThe internet has changed our lives in many ways. In regards to criminal law, the internet has created a whole new category of crimes which someone can be arrest and prosecute. Illinois now has a Computer Crimes Institute that provides training to law enforcement to help them successfully arrest and prosecute people who have committed internet crimes. There are a multitude of internet crimes that carry various penalties, but any criminal conviction can lead to lifelong consequences. In light of this, it is important to contact a skilled internet crimes attorney if you are being investigated or arrested for an internet-related crime.

Sex Crimes Involving Minors

Many internet sex crimes involve children, and these crimes can come with especially harsh penalties. Sex crimes that involve minors include child pornography and solicitation of a minor. Solicitation of a minor involves an adult contacting a minor with the intent to engage in a sexual act. On the internet, this often takes place in chat rooms or social media websites, with the perpetrator pretending to be a peer. People that are convicted of violating these sections may be required to register as sex offenders, which will have a significant impact on their future.

...
Continue reading

Illinois defense attoreny, Illinois criminal lawyer, Illinois court system,In Illinois, court supervision is a desirable sentencing option, and is frequently the most desirable outcome other than an acquittal. Court supervision is generally available in most misdemeanor cases and for most traffic violations punishable only by a fine. It means that you can avoid being convicted as long as you comply with the conditions of the supervision.

Court Supervision Ordered by Judge

A judge may order court supervision after a guilty plea or a guilty verdict at trial. It is available only for misdemeanor charges, and not for felonies. However, it is not available in all misdemeanor cases, including charges of domestic battery, resisting arrest, obstructing justice, or a second DUI offense. Court supervision means a deferred dismissal of the charge. In other words, no conviction will be entered during a period of supervision. When the supervision is completed, the court enters a judgment dismissing the charges, and there is no conviction.

...
Continue reading

criminal sentencing, criminal sentencing reform, Illinois criminal defense lawyer, Illinois criminal lawyer, felony, prison sentences, Three strikes laws around the country are notorious for being very harsh to repeat offenders. The laws have been repeatedly criticized in some states for producing somewhat ridiculously harsh sentences for smaller crimes that are committed as the third strike. For example, in California, a man was sentenced to 25 years to life for stealing a pair of white socks worth $2.50, because this was his third crime.

In Illinois, people who are eligible for sentencing under the three strikes law are referred to as habitual criminals. Classification as a habitual criminal means that, if a defendant satisfies all the requirements of the law, he or she will have his sentence for the third conviction for a qualifying crime enhanced to life imprisonment.

A habitual criminal is a person with two prior state or federal convictions for offenses that are classified as Class X felonies, criminal sexual assault, aggravated kidnapping, or first degree murder under Illinois law, and who is later convicted of another Class X felony, sexual assault, or first degree murder. A Class X felony is one of the most serious charges that a defendant can face, and it carries a sentence of a minimum of six years in prison, and a maximum of 30. In addition to the habitual criminal law, a person can be charged as a Class X offender because of his or her prior record; for example, if the person has two or more prior convictions for Class 1 or 2 felonies or higher, he or she may be sentenced as a Class X offender.

...
Continue reading