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Understanding Due Process and the Bill Cosby Case
If you have picked up any newspaper or turned on cable news in the past few days, you have likely heard that actor/comedian Bill Cosby was released from prison this week after the Pennsylvania Supreme Court overturned his 2018 sexual assault conviction. In its decision, the court wrote that Cosby’s due process rights were violated. While many legal scholars have agreed that the court made the right decision, many people across the country, including Cosby’s accusers, are outraged by the decision and Cosby’s freedom.
The Case
In 2018, a Pennsylvania jury found Cosby guilty of drugging and sexually assaulting a victim in his home in 2004. In 2005, the victim went to the police about the assault, but no criminal charges were pressed. The following year, the victim and Cosby reached a $3.4 million settlement in a civil lawsuit.
Can I Be Arrested for Possession of Stolen Property in Illinois?
It should come as no surprise that taking property that does not lawfully belong to you is a criminal offense, and in Illinois, you could face misdemeanor or felony theft charges depending on the circumstances. However, you may be unaware that simply having stolen property in your possession can also be a crime, even if you are not the person who originally stole it. It can come as a shock to be charged with possession of stolen property, especially if you were not aware that it was stolen. In these cases, you should work with an attorney who can help you present a strong defense to the charges you are facing.
Illinois Law Regarding Possession of Stolen Property
The Illinois Criminal Code defines several different actions that are considered criminal theft. Most of them involve actively seizing another person’s property, whether by threat, force, deception, or without the person’s knowledge. However, state law also makes it a crime to “obtain control over stolen property” if the recipient knows that it is stolen or should reasonably be aware that it is stolen.
Can the Police Obtain a No-Knock Search Warrant in Illinois?
Over the last year, the use of no-knock search warrants in criminal cases has come under increased scrutiny due to the risk of harm to innocent and vulnerable people who may be on the property. In fact, many cities and police departments have started to ban the practice outright. However, the State of Illinois still allows no-knock warrants under some circumstances, and if your property is subject to a warrant, it is crucial that you understand your rights.
When Can a Search Warrant Be Issued in Illinois?
The Fourth Amendment in the U.S. Bill of Rights provides protection from unreasonable search and seizure, meaning that law enforcement cannot simply search a person’s property on a whim. In most cases, officers will first need to obtain a search warrant, and in order to do so, they must demonstrate that there is probable cause to believe that evidence of a crime will be found on the property. Warrants are often used in cases involving drug possession and distribution, illegal weapons possession, stolen property, and kidnapping, among others.
What Are the Penalties for Possession of a Weapon by a Felon in Illinois?
In Illinois and throughout the U.S., people have the constitutional right to bear arms. However, that does not mean the possession of firearms and other weapons is unregulated. Illinois prohibits the possession of certain kinds of weapons outright and requires gun owners to obtain a Firearm Owners ID card (FOID) in order to be in compliance with state law. If you have been convicted of a felony in Illinois or another state, your FOID can be revoked, and future applications for an FOID can be denied. You may also face serious criminal penalties if you are found to be in unlawful possession of a weapon with a previous felony conviction on your record.
What Types of Weapons Are Prohibited for Convicted Felons?
As with all people in the State of Illinois, convicted felons are prohibited from knowingly possessing certain kinds of dangerous weapons under any circumstances, including bludgeons, metal knuckles, throwing stars, and switchblades. However, convicted felons are, under most circumstances, also prohibited from possessing any kind of firearm or ammunition, even those that are legally permitted in Illinois under other circumstances. The only exception is a situation in which a felon has successfully appealed for relief in court or with the Director of the Illinois State Police.
When Is DUI Considered a Felony in Illinois?
Driving under the influence of alcohol or drugs seriously endangers both the driver and other people on the road, and as such, it is treated as a serious offense under Illinois law. Depending on the circumstances, a first-time DUI offender may be fortunate to receive only a one-year driver’s license revocation and court supervision, but a misdemeanor conviction with fines and jail time is also possible. Additionally, certain aggravating factors can mean that even a first offense is charged as a felony. If you are facing charges of aggravated DUI, you need an attorney who can help you understand and protect your rights.
Illinois Aggravated DUI Offenses
In Illinois, a variety of actions can constitute an aggravated DUI offense, regardless of whether the offender has any prior DUI convictions. Some examples include:
Can I Be Arrested for Speeding in Illinois?
While no one is happy to receive a speeding ticket, many people view them as a nuisance at worst, possibly meaning that they have to pay a fine or make an appearance in traffic court. However, in Illinois, the consequences for speeding can be significantly more severe depending on the circumstances. If you are charged with aggravated speeding, you can be arrested, and you may face a criminal conviction and the accompanying sentence.
What Qualifies as Aggravated Speeding in Illinois?
A person can be ticketed for speeding in Illinois if they exceed the posted speed limit by any amount, but in most cases, doing so is considered a petty offense. However, when a driver exceeds the speed limit by more than 25 miles per hour, the offense becomes a criminal misdemeanor known as aggravated speeding. Driving at a speed of 26 to 34 miles per hour above the speed limit is a Class B misdemeanor, and a conviction can result in a sentence of up to six months in jail and up to $1,500 in fines. At a speed of 35 miles per hour or more above the speed limit, a driver can face Class A misdemeanor charges, with a possible sentence of up to one year in jail and fines up to $2,500.
Can I Still Face Criminal Charges Related to Marijuana in Illinois?
Few substances have been the subject of as much confusion and controversy as cannabis. Some tout the drug as a useful medication while others see cannabis as a dangerous “gateway drug.” Adding to the general confusion about marijuana is the fact that, despite being fully legalized in 15 U.S. states, the drug is still classified as an illicit controlled substance under federal law. The recreational use of marijuana in Illinois became legal on January 1, 2020. However, the possession, sale, cultivation, and consumption of cannabis are still regulated by Illinois law. It is therefore possible to face serious criminal charges related to marijuana in Illinois.
Important Restrictions on Cannabis Use in Illinois
For a little over a year now, the recreational use of marijuana has been legal in Illinois. Individuals 21 years or older may purchase up to 30 grams of cannabis flower or 5 grams of cannabis concentrate. However, it is unlawful to consume cannabis on school property or in government buildings, parks, public transportation, and where smoking is already banned under the Smoke Free Illinois Act.
How Can a Deadly Weapon Affect Assault Charges in Illinois?
Under Illinois law, the crime of assault is defined as “knowingly engag[ing] in conduct which places another in reasonable apprehension of receiving a battery,” or in other words, threatening a person with physical harm. Assault is generally treated as a less serious offense than battery, which is the actual act of physically harming another person. However, if the assault involves the use of a deadly weapon, it may result in more significant consequences. If you have been accused of assault, your attorney can help you protect your rights and understand the extent of the criminal charges you may face.
Aggravated Assault With a Deadly Weapon
In Illinois, simple assault is a Class C misdemeanor, with possible penalties including up to 30 days of imprisonment and fines between $75 and $1,500. However, a variety of factors can increase the charges to aggravated assault, and many of these factors involve the use of a deadly weapon. For example, threatening harm to someone while brandishing a weapon such as a firearm, knife, or another object capable of deadly force, is considered a Class A misdemeanor, with a maximum imprisonment sentence of one year. Other forms of assault with a deadly weapon can be charged as a felony, including:
How Can Multiple DUI Offenses Affect My Sentence in Illinois?
Drunk driving poses a severe danger in Illinois, accounting for more than 25 percent of all fatal car accidents and over 1,000 annual deaths. For this reason, the state treats driving under the influence (DUI) as a serious crime, especially for repeat offenders. If you have been arrested for DUI and you have a prior conviction on your record, you can face severe penalties. Therefore, it is more important than ever that you have a qualified criminal defense attorney who can help you protect your rights.
Penalties for Multiple DUI Convictions
In Illinois, a driver can be charged with DUI based on blood alcohol content (BAC) test results that show a BAC above 0.08 percent, or based on other evidence of the driver’s impairment. Penalties are relatively minor for a first DUI conviction, as long as no one was injured or killed and there was no passenger under the age of 16 in the vehicle at the time. A first offense is a Class A misdemeanor, which may result in imprisonment of up to one year and fines up to $2,500, along with a driver’s license revocation for one year.
Common Misconceptions About Armed Robbery in Illinois
Taking someone’s property unlawfully can result in criminal charges under a variety of circumstances in Illinois, but armed robbery is the most serious form. If you or someone you know has been charged with this crime, the penalties can be severe, and they may catch you off guard if you are not familiar with Illinois law. An experienced criminal defense attorney can help you understand the charges you are facing and your best options for a successful defense.
The Facts About Illinois Armed Robbery
Illinois laws regarding property crimes can be complicated, and it is important to know how they may affect your case. Some aspects of armed robbery law may be different from what you would expect. For example:
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Robbery is different from theft and burglary. Robbery is specifically defined as the taking of property from a person with the use or threat of force. Because of the direct harm it may cause the victim, it is often treated more seriously than burglary, which involves unlawful entry into a building or vehicle, or theft, which involves the stealing of property without trespassing or force.
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