The Illinois Eavesdropping Act makes it a crime to record any conversation without consent from everyone present. The ACLU states the act violates the First Amendment to the U.S. Constitution and that people should be able to record (especially police) while acting in the line of duty.

Many people have had or heard about negative experiences with law enforcement. This distrust of law enforcement paired with the increase in cell phones equipped with video cameras has led to n increasing number of people recording their own and other people’s interactions with the police.

Case in point: According to the Chicago Tribune, a car load of people were confronted by officers in a McDonald’s parking lot. One 23 year old passenger began recording the encounter with his phone because he was slightly “suspicious” of the officer. When the cops realized what he was doing, the man was cuffed and placed into the patrol car.

Another passenger recorded the man’s arrest. Both were charged with felony eavesdropping, though both plead down to a misdemeanor. They were also required to apologize to the officers.

Too many acts of police brutality and misconduct have been caught on camera for this Illinois law to stay on the books. Because the police are public servants, paid by taxpayers, their accountability should be monitored by the public. And if this includes recording interactions, I don’t see how that should be criminal.

Had the act of recording been paired with another criminal act, like impeding an investigation, criminal charges might have been relevant. But for the recording itself to be considered a criminal act seems to be over the top.

Similar laws exist in Massachusetts and Oregon, making only three total who ban recordings of public conversations in public places where there is no expectation of privacy and the conversation is audible by the average person. The fact that there is no expectation of privacy and the conversation is at such a volume that it can be heard by anyone seems to only support the notion that the ban is irrational if not Unconstitutional.

Not trusting the police is an all too common occurrence. This is unfortunate as the vast majority of law enforcement officers are ethical. But that doesn’t mean that they should be allowed this special status and exception to our first amendment protections.

Related posts:

1. Some Chicago Officers Not Turning on Their Patrol Cameras 340 Chicago patrol cars have been outfitted with surveillance cameras....

Related posts brought to you by Yet Another Related Posts Plugin.

No crime is good crime, particularly when you are talking about crimes against innocent victims. But, when an entire city is sequestered to their homes due to fear of crime that isn’t increasing, a reality check is in order. Currently, only 30% of Chicago residents feel safe within their neighborhood.

Crime in Chicago and in cities across the country is down. You wouldn’t know this from watching the evening news as news stations are in the business of ratings and quite frankly, frightening violent crime sells. Murders are holding steady from last year while rapes, assaults, and crime in general are down.

In addition to media outlets influencing people’s outlook on the safety of their city are a few cases of police officers being killed. Three officers killed in separate incidences, about 3 months apart has perpetuated the unease of the city.

“If they’re shooting police, what chance do I have?” is the question posed by a professor of criminal justice and psychology at Loyola University in Chicago. And he’s right. Because police are viewed as the pillar of law and order, the murder of an officer is seen as a serious threat to overall community safety.

Another mistaken assumption by the people is that when the economy is down, crime is up. This isn’t always the case and is proving to not be the case during the current recession. Just like crime fell in the Great Depression, crime has also fallen over the past few years—people aren’t out robbing innocent citizens because they were laid off; it’s simply not happening.

This isn’t to say crime isn’t a problem. Any amount of rapes is a bad thing as is any number of assaults or robberies. However, a realistic view of the current crime situation shows perhaps people shouldn’t be as frightened as they are.

Because of the perceived threat, however, society demands the courts hold those convicted of crimes accountable. You can expect to be slapped with some serious penalties for criminal offenses in the Cook County courts.

Whether you are facing charges of a violent nature or a simple vandalism charge, you should have an aggressive defense attorney on your side on your day in court. Contact us today for a free consultation on your case.

Related posts:

1. Chicago Handgun Law Could Be Struck Down Chicago’s citywide handgun ban is the strictest in the nation...
2. 11 Chicagoans Charged with Unemployment Fraud Eleven local Chicagoan are facing federal charges of unemployment fraud....

Related posts brought to you by Yet Another Related Posts Plugin.

The High Court ruled that the 2^nd Amendment left localities no room to completely withdraw a person’s right to own a firearm, negating the 28 year ban Chicago had in place. Although the ban was only sporadically enforced, it meant law abiding citizens could not get a permit to own a gun. If they wanted a firearm-they had to possess it illegally.

While the court stated that localities could still maintain “reasonable gun control measures” an all out ban is unacceptable. So this week, city leaders in Chicago began discussing what measures could be used. According to the Wall Street Journal, everything from requiring liability insurance, criminal background checks, and firearms training is being considered.

Chicago is in the throes of a violent year, one to top last year for certain. Just a few weekends ago the city experienced 50 shootings and 7 murders. In one weekend.

The murder rate in Chicago is higher than New York City, whose rate is only 1/3 that of Chicago. Los Angeles’ rate is 2/3 as large as Chicago’s, making this city in particular need of something to control the violence.

Critics of the ban, however, state that this violence was going on while the ban was in place, proof they state that is was ineffective. Others who live in neighborhoods where gun violence is prevalent welcome new gun control measures that may positively impact the communities.

Gun control is a hot button issue whether you are in Chicago or the smaller communities of rural Illinois. A balance between the 2^nd Amendment rights and states’ ability to regulate that right has always been a point of contention. While the new ruling from the Supreme Court does clarify some things, it will no doubt lead to new questions as well.

Now and likely long after the laws change, however, there will be a multitude of gun laws on the books. There are numerous ways in which you can be charged with a firearms offense in the state of Illinois, no matter which municipality you live in.

Whether you are charged with possessing a banned firearm or other criminal charge, contact our attorneys to discuss the details of your case.

Related posts:

1. Chicago Case Heads to Supreme Court Over Gun Laws The city of Chicago has a ban on handguns. The...
2. Chicago Mayor Pushing Gun Laws in Face of Supreme Court Case As I wrote about last week, the Supreme Court is...
3. Chicago Handgun Law Could Be Struck Down Chicago’s citywide handgun ban is the strictest in the nation...

Related posts brought to you by Yet Another Related Posts Plugin.

Identity theft refers to someone using your personal identifying information, like your social security number, to obtain goods, credit, or services under your name. Not only can identity theft result in large financial loss but also in negative effects to your credit and your state of mind.

Having your identity stolen most often catches people off guard. Not only are they shocked when they find out what happened but even more so when they find out how. Because it’s quite easy for a thief to steal your identity.

The Sun-Times article suggests leaving your social security card at home when on vacation. They also recommend taking no more than 2 credit cards with you and leaving your debit card behind altogether. Also, have someone check your mail while you are gone.

Simple things that reduce the risk of identity theft make it much harder for people out to take advantage of your good name and good credit.

Identity thefts, and most other forms of fraud, are crimes committed by people who aren’t thinking about the impact they’ll have on the victim. Not only do they not think they’ll get caught but they’re often surprised by the strict penalties that come with being charged with a crime like this.

Identity theft is a felony charge. The exact classification of felony you face depends on the financial loss of the crime committed. For instance, if the victim loss is less than $300, you face Class 4 felony charges and up to 3 years in a penitentiary. The penalty for an identity theft valued more than $10,000 is up to 30 years in a penitentiary.

Your criminal history also plays a big role in the sentencing phase and the determining of your specific penalty. If you are facing a charge of identity theft, you need a defense attorney fighting to ensure you get the best possible results.

Probation may be a possibility depending on your specific circumstances and the prosecutor’s willingness to make a plea bargain. Together we can analyze your options and discuss what’s best for you. Contact our attorneys today for a free consultation on your case.

Related posts:

1. 11 Chicagoans Charged with Unemployment Fraud Eleven local Chicagoan are facing federal charges of unemployment fraud....

Related posts brought to you by Yet Another Related Posts Plugin.

Fraud typically involves misrepresentation in order to gain financial benefit. According to this article from the Chicago Sun Times, the defendants are accused of defrauding anywhere from $15,000 to about $41,000 by claiming they were unemployed when they actually weren’t. Altogether, the 11 are said to have gotten more than $255, 000 from the Illinois Department of Employment Security.

There actual charges are of mail fraud and misdemeanor theft. Two of the defendants were employees of the Postal Service.

Despite their claims of unemployment, and in addition to those working for the U.S. Postal Service, the 11 included a bricklayer, an administrative support specialize, a maintenance mechanic, a box maker, and a truck driver, among other things.

Having represented people accused of fraud I often hear the same things—that they saw the opportunity and truly didn’t believe they would get caught. Oftentimes, people accused of fraud crimes have clean criminal records and are quite scared to realize they may go to jail for something they didn’t take too seriously.

Whether you are accused of lying on a credit application or writing bad checks, the more charges you have on your criminal record, the more likely you’ll be to serve some length of jail time if convicted.

Even bad checks can be a felony when the amount in question reaches a certain level. If you write a bad check for more than $301, you could be facing very serious felony charges in the state of Illinois.

When you are up against charges that call your integrity and your reputation into question, you need a criminal defense lawyer on your side, working to protect your rights.

Contact our offices today for a free consultation on Illinois fraud charges or other criminal legal problems.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.

The prison opened in 1995 and currently houses about 670 inmates. This prison is different from others in numerous ways but mainly in that the administration seeks to keep it a therapeutic atmosphere rather than one of handcuffs and prison bars.

Drug addiction poses a whole host of unique problems for the criminal justice system in general. A law abiding citizen can act out of character when they are infected with addiction. From thefts to assaults and other more serious offenses—drugs can lead people to do things they wouldn’t normally consider.

For many addicts, this particular prison is their last hope. It involves intense mandatory treatment every day. In addition, inmates are given strict release plans, detailing every action they must take upon their release. Unfortunately, it isn’t enough for some addicts.

When you are addicted to a serious drug like meth or crack, an arrest is often just the thing to shake your mind out of the addiction for a moment of clarity. Perhaps you are facing charges and have come to the realization that you need help with a drug problem.

There are many programs available in the state of Illinois, some of them connected with the courts. Prosecutors are often willing to make plea agreements when a defendant is committed to kicking a drug habit. Whether you are facing drug charges or any other criminal charge related to your addiction, I may be able to help.

The first step in finding out what resources are available to you is calling me. We can discuss your criminal charges and how we can best handle your case.

Contact me today for a free consultation.

Related posts:

1. Chicago Drug Bust Nets $8 Million and 250 Kilos of Cocaine In Federal crime news this week, 15 members of a...

Related posts brought to you by Yet Another Related Posts Plugin.

As we noted before, the law doesn’t have provisions for this kind of behavior, which, while stupid, doesn’t rise to the level of registered sex offender.

More good commentary at HavenBastion.

Related posts:

1. Illinios Sexting Reform Bill Passes State Senate A bill to reform felony criminal sex offense laws for...

Related posts brought to you by Yet Another Related Posts Plugin.

As the Chicago Tribune reports, teens who send explicit photos to other teens can be charged with felony distribution of child pornography offenses under current law.

Clearly, the laws as written were designed to punish child pornographers, not teens acting impulsively and stupidly. Few people believe that a teen sending a picture of himself or herself, or simply receiving or possessing a photo sent to him should result in harsh sentences targeted at child predators. But that is exactly what could happen if the law was applied as written.

Sexting law reform is a hot topic across the nation. In addition to criminal penalties, teens could face a lifetime as registered sex offenders, doing incalculable damage to a persons job prospects and future.

Under the reforms in the bill, criminal charges would be of the table. Teens would be dealt with in juvenile court, and face counseling and community service. A juvenile court incident is something that can be sealed or expunged, so as not to be an ongoing burden for a young person who makes a dumb mistake, and learns from it.

Clearly, our child pornography laws were written before the time that every teen had access to a cell phone camera and means to distribute pictures on an adolescent impulse.  So this bill is a smart idea, and reflects the realities of the lives kids lead today.

Update: Good commentary over at Ars Technica.

Related posts:

1. Illinois Sexting Reform Bill Passes, Goes to Governor The bill to reform sexting laws in Illinois has passed...

Related posts brought to you by Yet Another Related Posts Plugin.

According to this briefing from Pantagraph.com the measure has already passed the House and now awaits approval from the state Senate.

Huffing is common among people who don’t have the money or access to more popular and more expensive illegal drugs. It provides a cheap high, though it is considered extremely dangerous. Long term studies have shown huffing can lead to permanent brain damage and death by asphyxiation.

Inhaling paint fumes, glue, and other aerosol’s is typically done with the use of a paper or plastic bag. It is reported to cause a feeling of brief euphoria that is intensified with each breath of the substance. However, with each breath you are depriving yourself of oxygen.

According to law enforcement in Williamson county, they are seeing the same huffing suspects over and over. They hope that by elevating the charge to a Class A misdemeanor, they will begin to see less of those same customers.

A Class A misdemeanor carries with it a sentence of up to 1 year in jail along with fines. This is the most serious misdemeanor classification under Illinois law. If sentenced to an offense like huffing, the judge can also order you attend some sort of drug treatment.

With huffing substances being more readily available than any other street drugs or even alcohol, it is easy to see why it is so addictive and perhaps even easy to see why law enforcement is seeking a stricter penalty for an offense that seems to be growing in popularity.

When facing drug charges, no matter the substance, you are looking at jail time, fines, and the stigma of being classified as a convicted criminal. Call me today if you are facing charges like this and need an advocate on your side.

Related posts:

1. Illinois Prison Specializes in Drug Treatment The St. Louis Post-Dispatch recently did a feature on Southwestern...

Related posts brought to you by Yet Another Related Posts Plugin.

Cameras are installed in patrol cars to encourage accountability among law enforcement. As the Sun Times report points out, the resistance being felt is similar to the resistance police had when radios were first required—the cops are worried the cameras will somehow hinder their ability to do their job because they will be looking over their shoulder.

As it stands the cameras feature an on/off switch. Soon, however, they will be wired to come on with the ignition and remain running for an hour after the car is shut off.

Officers against the cameras state that they sometimes must use “harsh language” during their job performance and don’t want the cameras to paint them in a negative light. A Sergeant with the department, however, states the cameras are a “critical” measure to ensure officer accountability. She points out that allegations against police tend to drop when there is camera footage.

According to the report, audio is only recorded during traffic stops. One camera faces out of the front of the car, while another faces the back seat.

It is normal for officers to feel as if their privacy is being invaded when they are on camera for their entire shift. However, this camera is for their shift not their personal life. Their very role as police officer and the power that goes with that requires a bit of transparency. Or at least it should.

Cameras can work for you and they can work against you. A patrol camera can catch your sobriety test but it can also catch mistakes made by the police.

When you are facing criminal charges, the state will have evidence against you. The outcome of your case often depends on just what this evidence includes. Even if there is camera footage, there may still be options available to you.

Contact me today to discuss the details of your case and the charges against you.

No related posts.

Related posts brought to you by Yet Another Related Posts Plugin.