Chicago
Wheaton
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Maintaining one's composure is often the best way to handle an interaction with an on-duty police officer. Although an individual does not have to be so kind as to give an officer incriminating evidence about himself or herself, treating an officer with a fair amount of courtesy is always advisable. When interactions remain amicable, officers are more inclined to reciprocate.
However, police officers have bad days just like like anyone else. In some cases, emotions can rise and result in anger, hostility, and an argument. If you argue with an officer making an arrest, can you face charges of resisting arrest or obstruction of justice?
Resisting or Obstructing Arrest
State statutes regarding resisting or obstructing arrests are incredibly vague. The ambiguity is intentional by lawmakers, and thus allows for the inclusion of a broader range of behaviors.
The laws surrounding firearms are under constant debate. Social media and politicians alike frequently use Chicago’s notorious criminal history to their advantage in an attempt to sway voters. Somehow, Chicago simultaneously falls on both sides of the gun control debate as a demonstration of the effectiveness of harsher firearm regulations. Meanwhile, Illinois residents find themselves in the middle of this countrywide argument and are left wondering how all of the changes affect current weapons charges.
How Does Illinois Rank?
Chicago became the center of debate once again after a speech claimed that not only did Chicago have the strictest gun laws in the country, but it also has the worst gun violence. Having the most stringent gun laws in the country may have once been valid; however, this is no longer the case.
You plan a night out. Since you know you will be at an establishment serving alcoholic beverages, you prepare in advance for the required designated driver. Since you will not be behind the wheel, you plan to let loose and have that extra drink of choice. On the way home, the police pull the car over; however, you have nothing to fear. You are safe in the passenger’s seat, and you know beyond a shadow of a doubt that your driver drank only water and soda all night. Much to your dismay, the officer begins questioning you as a passenger. Can you receive a DUI for riding drunk as a passenger?
Mind Your Manners
At any traffic stop, it is important to stay calm, quiet, and polite, regardless of being a driver or a passenger. An officer in most cases will ask if you know why you are being pulled over. Do not answer this any other way than “no,” because any information given to him or her can and will be used against you. After that, he or she may let you know his or her suspicions and may ask for the driver's license and registration. He or she may also ask passengers for identification. As a passenger, you are not required to give an officer anything. Nevertheless, intentionally withholding identification may lead to further investigation. An officer who believes there is illegal activity can detain a passenger, potentially leading to arrest.
With busy lifestyles, minor details become lost in the shuffle. We forget where we put our car keys, we forget to respond to that last text message for a few days, and we miss appointments. But what happens if one of those appointments we accidentally forgot to show up for was traffic court? Find out how Illinois courts respond.
Can I Still Drive?
On the back of an initial citation, there are instructions on how to respond. You do not need to go to court for minor petty traffic offenses. There is an option to pay for the ticket. However, this is not always the wisest solution. By paying, you plead guilty to the charges, and you risk the possibility of points being added to your license. If you do opt to go to court, you do so instead of paying the fine. If you miss your court date, however, the county circuit courts will forward the information that you failed to appear to the Secretary of State, who, in turn, will automatically suspended your license.
They say, “seeing is believing,” when obtaining the truth in many situations. The same idea holds true in a criminal investigation and trial. For decades, attorneys have used chalkboard markings, flip charts, x-rays, maps, diagrams, 3D models and photographs to help the jurors determine the truth behind the story. Advancements in technology in more recent years have catapulted us away from the use of chalkboards and stick figures to digital videography of an incident as it occurs. Today, a surveillance tape video can show multiple angles and enhance audio sound recordings. However, video surveillance is still not a “foolproof” method to prove any case.
Someone is Always Watching
Video surveillance systems sales have skyrocketed recently. Marketing executives everywhere continuously push the debatable argument that these cameras reduce crime and protect the purchasers. The goal of most buyers is to provide evidence should an alleged criminal event arise. However, many of these recordings are not admissible as evidence. Most business owners and homeowners do not spend the necessary money to have a quality surveillance system.
Many drivers mistakenly believe that if they drive carefully after having a couple of alcoholic beverages, then the police will have no reason to suspect drunk driving. This erroneous concept likely stems from the mental image of inebriated drivers drifting between lanes, failing to maintain a constant speed, and failing to come to a complete stop at stop signs. While this scenario exists, the error in judgment is the belief that if someone can sufficiently operate a motor vehicle and obey traffic laws, police will have no reason to suspect alcohol consumption.
Officers understand that more drunk drivers are on the road between certain hours in the vicinity of bars, clubs, and other drinking establishments; therefore. they intentionally look for other reasons to pull over drivers.
Driving Too Carefully is Suspicious, Too
Cell phones have become a staple in our daily lives. We scroll social media, check bank accounts, and send business emails—even when we are in our homes with our families and sitting on the couch. Moreover, cellular devices are extremely helpful in emergency situations, enabling those in danger to contact someone able to help.
For victims of domestic abuse, cell phones may be their only chance at getting to safety. Illinois enacted a new law this year which will have a direct impact on the cell phone bill of anyone involved in a domestic violence dispute.
The New Law
According to the new law that went into effect as of January 1, 2018, anyone approved with an order of protection from a judge can separate their cell phone account from their accused abusers. During the petition for the court order, an alleged victim can request the service. Once approved, the court clerk will then contact the service provider directly, requesting the transfer of that phone number into the victim’s name, free of charge. The request may include any of the children’s phone lines, as well. The provider then has 72 hours to respond to the request. This law is a massive victory for those victims in real danger. Previously, these individuals needed to go to the cell phone company directly and explain their story to yet another stranger, only to discover that transferring the numbers would be costly.
Within the last decade, Illinois gun laws have relaxed as handguns are no longer banned and the gun registry program has fallen by the wayside. However, in the wake of the recent Florida school shooting, Illinois residents urge state and federal lawmakers to make a change to the current weapons legislation.
The Second Amendment
United States citizens have the right to keep and bear arms according to the U.S. Constitution. Explicitly, the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It is because of these unalienable constitutional rights that the handgun ban is no longer in practice.
The Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." McDonald v. City of Chicago (2010).
Assault and battery are commonly misconstrued and incorrectly linked together as the same. A battery charge is a physical act of harming another individual. Assault is a verbal or other communication that leads a reasonable person to believe that battery may occur. Both of these charges have been in existence for years, however. With the emergence of the Internet and the advancements of social media, threatening behavior has a new outlet. This year, new laws make cyberstalking more than just annoying, it may be deemed and punished as a hate crime under the right circumstances.
Cyberstalking as a Hate Crime
The definition of cyberstalking is threatening behavior or unwanted advancements directed at someone else by using the Internet or other forms of online communications. It is deliberate, persistent, and personal.
Shoplifting is an epidemic throughout our country. Some individuals convicted of the crime explain they only did it to feed their families, indicating a community failure to aid those in need of assistance. Others do it for the sheer thrill of the experience. No matter the reason, statistics show shoplifting is only caught once in 48 incidents. Despite these dismal numbers, management watches security cameras only 1 percent of the time, enabling a new rise in shoplifting by customers and employees alike.
Sweetheart Shoplifting
“Sweethearting” is the term coined for incidents where an alleged thief pays for some but not all of his or her items. This maneuver is completed solely by the shopper, or while working in conjunction with the cashier. The two most common situations include the following:
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