Lisa Madigan Working To Stop Debt Collector Arrest Warrants

Some Illinois residents struggling to pay off their debt have yet another thing to worry about: getting thrown in jail.

As WBEZ reports, creditors in the state have figured out ways around laws that prevent them from putting debtors in jail, and the number of people being issued arrest warrants linked to unpaid bills is growing. Collection agencies can reportedly file a lawsuit requiring a court appearance, and if the defendant doesn’t show up for their hearing, an arrest warrant can be issued.

The practice has been happening more often in a stagnant economy, and Illinois Attorney General Lisa Madigan wants to do something about it.

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The Chicago Police Department’s use of Tasers has jumped to alarming levels since they rolled out a new program which put the dangerous devices in nearly every officer’s hands. In the year that ended Sept. 30, they had used them on 683 different occasions, up from only 197 in 2009 and 163 in 2008.

As if that isn’t cause enough for concern, the department has determined they will not investigate each Taser usage as they once had, simply because they can’t keep up with the new numbers.

The Independent Police Review Authority says they haven’t received many complaints of misconduct despite the massive jump, so they will only investigate cases where there is an indication of abuse by officers or if the Taser is deployed on a minor or elderly person.

Earlier this year, the department had only 280 Tasers. They increased the number of the stun guns to 660, giving patrol officers access that was once reserved only for sergeants and field training officers. They see the weapons as a good intermediate use of force choice when dealing with non-compliant members of the public.

A Lieutenant with the department states a “mere presence of a Taser…has proven to be an effective deterrent to a subject escalating the incident.” But it seems with this marked increase in usage, officers are not just relying on the “mere presence” of the Tasers.

Of course the police are trained on proper use of the stun guns and there are rules regarding when they can be used. But one wonders, are they using them in place of hand to hand use of force encounters or are they using the Tasers in situations that would have previously not required a use of force at all?

As a citizen it can be difficult to rationalize complying with a police order if you believe you weren’t doing anything wrong. But, even if you believe you are right but the officers are barking orders at you to get down on the ground, for instance, a mere step in their direction could be construed as aggressive action in their eyes and could even warrant the use of a Taser.

Facing criminal charges for an incident with police can be particularly challenging. You may feel like there’s no way you can get a fair shake in the court system. With a criminal defense attorney on your side, however, you can relax a little.

As a defense lawyers, it’s our job to look out for your best interests and ensure your rights are protected at every stage of the process. Contact us today for a consultation on your case.

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In Federal crime news this week, 15 members of a Mexican drug cartel ring were busted in Chicago and their massive stash of drugs and cash were taken.

According to the Chicago Sun Times the bust was part of a nationwide investigation referred to as Project Coronado. It focused specifically on the distribution network of the cartel La Familia, based in Micoacan in southwestern Mexico.

The Chicago part of the bust happened largely in the suburbs and was centered in Berwyn, Bolingbrook, Oak Lawn, Hickory Hills, Joliet, and Justice. Fifteen suspects were arrested and charged with conspiracy to possess and distribute cocaine.

The Chicagoan suspects include 31 year old Jorge Luis Torres-Galvan, 37 year old Jose Gonzalez-Zavala, and 35 year old Ismael Flores, among others. Nationally, the sting resulted in more than 300 arrests in 19 states.

Distribution charges are serious whether you face them at the state or the federal level. Regardless of who brings the charges against you, you are likely looking at several years in prison and heavy fines. For instance, if you are caught with 15 grams of heroin or cocaine, you could face up to 30 years in prison.

The police don’t have to see you sell drugs to get distribution charges to stick, although it does help. If the state can come up with enough “probable cause” to believe that you even intended to distribute drugs, you could be facing these serious penalties.

Having an aggressive defense attorney on your side at times like these is crucial. As you face you’re a potential future behind bars, it’s no time to be second guessing your choice in representation.

Contact our Illinois defense lawyers today to discuss your case and the steps you should be taking. I am eager to hear the details and can offer some free advice.

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Lake County Sherriff’s Deputies made some serious work for themselves and got several unlicensed drivers off the road when they targeted people walking out of court. According to the Lake County News-Sun, of 38 people who attended court dates, 8 decided to drive themselves home after having their licenses suspended. Yes, really.

Driving while your license is under suspension is a very bad idea, and is a criminal legal charge in Illinois. Of all places to drive when you have a suspended license (none of them being good), why would you choose to drive directly from the courthouse? That’s the kind of thing that law enforcement is likely to notice.

I’m honestly surprised the Sherriff’s Department took so long to try a sting like this. Perhaps they thought people knew better but I bet this isn’t a rare occurrence at most court houses across the state and the country.

Having a suspended license is an inconvenience. But, when you get caught repeatedly for disregarding the order of the court, that inconvenience gets bigger and bigger. While you may have had to deal with a 6 month suspension, a second or greater offense can bring much harsher penalties, longer suspensions, and jail time.

The sentence that people face in Illinois for Driving on a Suspended License depends on why their license was originally suspended. It can range from a petty traffic offense to a Class A misdemeanor carrying up to 1 year in jail.

While driving is convenient and old habits die hard, the people who were busted outside of the Lake County courthouse will hopefully take their next suspension a bit more seriously. In the meantime a few of them may be spending a few nights in jail or calling mom for a ride home.

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The incidences of bad checks rise when the economy is bad. If you aren’t feeling the effects of the economy now, all you have to do is turn on the news to know that the rest of the country is. When people struggle to pay bills they sometimes resort to drastic measures, even illegal ones.

Madison County, Illinois, on the Missouri/IL border instituted a Bad Check Program over 11 years ago and is still getting good reviews. The program makes it easier for businesses hit by bad checks to get restitution from their victims.

The program also works for the benefit of defendants facing a worthless check charge. If they qualify they can pay restitution and take a class rather than face harsher criminal charges. The classes focus on finance and learning to manage money.

The success of this program is likely due to the fact that it helps all parties involved without additional expenses to the state or county courts.

With the economy officially in a recession businesses expect the incidence of bad checks to rise. People are more likely to resort to drastic measures when money is tight. According to this article in Suburban Journals, however, many local business decline to report bad checks because the trouble involved often outweighs the small monetary loss from the checks.

Facing criminal charges for writing worthless checks in Illinois not only puts a burden on the person facing the charges, charges they may not have incurred if the economy was better and unemployment wasn’t at an all-time high, it puts a burden on the local courts.

Considering the fact that most worthless checks are written for small amounts, it is hardly worth the cost involved to prosecute people for serious criminal offenses.

If you are facing a worthless check charge or any similar charge in the state of Illinois you are likely under a lot of stress and wondering if alternative programs like the Bad Check Program apply to you. You won’t know until you ask, and we know who you should ask. Call today for a consultation on your case and to hear more about how an experienced attorney can help you when you are up against criminal charges like these.

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Even Illinois county prosecutors have questions and concerns about the implementation of Illinois’ tough new drunk driving laws, that goes into effect in January ’09.

In this article, prosecutors are openly skeptical about whether or not this requirement for Breath Alchohol Ignition Interlock Devices, will curtail people from driving. The BAIID doesn’t allow a person’s car to start unless they blow into a device – essentially a rolling breathalyzer – and pass the test.

One of the primary concerns is whether this law will actually reduced incidents of drunk driving. Will the people who are the most dangerous and most likely to continue to drive after drinking actually abide by the restriction? A person could either simply not get the device installed (and obviously not have a valid license) or could still borrow a vehicle from another person.

The Interlock system creates a large bureaucracy around this law – and a significant profit center for BAIID installers and manufacterers, so it would be nice if everyone was confident it would help.

An additional concern raised by the DUI prosecutors in the article is the cost structure. Many courts have difficultly collecting fines and fees after DUI convictions as it is. There are numerous court fees and payments, including probation costs, that the court tries to collect.

Is this just setting poor and working class people up to fail? If a person absolutely has to drive to keep a job, does that mean he or she get an IID and skip paying court fees, that could result in a probation violation? Or do you skip the ignition interlock, and drive without one, risking a new criminal charge for that offense?

These concerns are legitimate, and everyone should be confident that the benefits of this new law will outweigh the costs and difficulties for the Illinois courts and our citizens.

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Charged with drunk driving? For a free consultation on Illinois new DUI laws, please contact us today.

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Expungment is a common legal procedure that clears a criminal record of someone with an old conviction. Typically, the rules for expungment require that 2 years pass after a misdemeanor conviction and all related court obligations are met. If you were merely arrested and/or had your case dismissed, you may be eligible to have those events expunged much more quickly.

Many Colleges, civic organizations, and job placement agencies now hold seminars on how to complete Expungment paperwork. The reason for the increased demand? – Cheap and easy background checks on the internet make anyone’s criminal record simple to find. And a criminal charge in your past can prevent you from getting a job, or impact your life in many other ways. Even an arrest without a conviction can show up and cause you difficulty.

The paperwork for an expungment isn’t terribly complicated, but the process can be lengthy and confusing. Your request must be reviewed by a number of law enforcement agencies, and approved by a judge. Also, many offenses, such as drunk driving, sexual offenses, and most felonys are ineligible to be expunged.

If you need help with an expungment in Illinois, please contact our criminal attorneys.

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In the wake of the shootings at Northern Illinois University, gun owners have proposed a new concealed carry law in Illinois. Currently Illinois is one of only two states with strict firearms possession laws that don’t permit to allow a private citizen to carry a concealed weapon.

The proposed legislation would require a person to be 21 years of age, and be certified and trained in the safe handling and use of a handgun.

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The Illinois House Judiciary Criminal Law Committee deferred a vote on a law that would make using aluminum bats illegal for player under 13 years old.

Aluminum bats are considered dangerous by some, since the ball leaves the bat at a higher speed and can potentially cause injuries if players are hit.  They are frequently used by baseball teams since they are cheaper and last longer.

The proposed law would have imposed a fine of $500 to adults or coaches who knowingly allow use of the bats.

Apparently no one asked why the Illinois legislature has to step in to make it a legal matter, instead of having leagues regulate themselves if they feel they need to for safely reasons.

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Under a new program sponsored by the DuPage Circuit Court Clerk’s office, courts in all 102 Illinois Counties will have an opportunity to improve sharing traffic ticket violation data, and increase violator penalties and enforcement.

More police departments across the state of Illinois are issuing and filing traffic ticket, speeding tickets, and other moving violations electronically. With this new shared database, all jurisdictions connected online to the system could have access to current ticket data within a day of issue.

This becomes an important enforcement tool, since when if A Circuit Court Clerk’s office is not aware of all of a violators traffic citations, he might be given a lesser penalty for which he is technically not eligible.

For example, a common traffic ticket disposition under Illinois law is known as Court Supervision. A traffic offender who challenges a ticket and is offered court supervision, or who agrees to a traffic safety course is given a chance for that ticket to be kept off his public record if no other violations occur within a certain time period.

However, a person is only eligible for Court Supervision once per year. But if a Court is not aware of other tickets, it may be offered in cases where the person is ineligible. This new system is designed to stop this from happening.

If you are facing a traffic ticket in Illinois, please contact us for a consultation on your legal options.

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