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How Does the New Illinois Pretrial Fairness Act Affect Criminal Cases?
On January 13, 2021, Illinois lawmakers voted to enact the Pretrial Fairness Act, which would eliminate cash bail bonds and pretrial incarceration by 2023. In addition, the Act provides for certain law enforcement reforms. Part of the reasoning for this new law is that studies show these systems disproportionately harmed Black and Latin American individuals. A new system for pretrial release is to become effective on January 1, 2023. In the meantime, those facing charges for criminal offenses may be wondering if they are eligible for bail. Depending on the severity of the alleged crime, Illinois offenders may be allowed to post bail and get out of jail while they await trial and sentencing.
Criminal Justice System Reforms
In addition to ending cash bail as an option for offenders, the Illinois campaign to enact other criminal justice system reforms has been led by a coalition of 15 organizations and the Illinois Legislative Black Caucus (ILBC). The Pretrial Fairness Act passed the state legislature; however, at the time of this writing, the bill is waiting on Governor Pritzker’s signature. Gov. Pritzker faces mounting pressure from different organizations, including police agencies, to reject or veto the bill. The Act creates a more expansive system for monitoring statewide law enforcement misconduct, requiring every police officer in Illinois to be equipped with a body camera by 2025.
When Can a Defendant Be Found Incompetent to Stand Trial in Illinois?
When someone is charged with a crime, a number of things can happen within the criminal justice system. Typically, the defendant is arrested and read his or her rights, which includes the right to an attorney. In Illinois, a person may be eligible for bail depending on the severity of the alleged crime. Certain cases can also result in a trial, with a judge and a jury. You may have heard the phrase “incompetent to stand trial” from watching a movie or crime drama on television. What exactly does it mean to be found “incompetent” and how is this different from an individual being found not guilty by reason of insanity? Can mental illness prevent a defendant from being convicted of a criminal offense in Illinois?
Mental Illness and Criminal Cases
Research shows that in the United States, approximately one in five adults live with a mental illness (51.5 million people in 2019). This type of illness can vary in degree of severity, ranging from mild to moderate to severe. Depression, anxiety, and bipolar disorder are a few of the most common mental illnesses that individuals experience.
Black Ice May Be a Factor in Illinois Winter Car Accidents
Winter is upon us, which means frigid air as well as snow, wind, ice, and sleet can be found covering the roads in Illinois. Venturing out can be treacherous, whether walking or driving. After significant snow accumulation, roadways should be plowed in order for drivers to travel safely. In addition, putting salt on icy roads can prevent slipping and sliding. If local streets or highways are not designed or maintained properly, black ice can form, which can cause a car accident. If you or your loved one suffer injuries in a crash that involved black ice, you may be entitled to compensation for your damages depending on the circumstances that led up to the accident.
What Is Black Ice?
Black ice, also known as clear ice, is a thin coating or glaze of ice on a hard surface, most often found on roads. Although the ice is not black, it appears transparent, which means the black road or pavement below can often be seen through it. Typically, snowflakes and even ice pellets or slush are visible on sidewalks or streets. However, black ice means that the surrounding areas are practically invisible to drivers or people walking on it. Therefore, pedestrians and motorists alike do not have the traction they normally would on dry surfaces.
What Factors Can Impact the Results of DUI Sobriety Tests?
Driving under the influence (DUI) of drugs or alcohol is strictly prohibited in the United States. Research has shown the negative effect that controlled substances have on a motorist’s ability to operate a vehicle safely. In addition, studies prove the correlation between impaired driving and car accidents with serious injuries. In Illinois, the legal limit for intoxication is a .08 percent blood alcohol content (BAC). There are several factors that can affect the results of DUI testing, so that is why it is crucial to hire a criminal defense attorney who can provide the skilled representation needed when facing these serious charges.
Inaccuracies in Testing
When someone is pulled over for suspicion of DUI, the police typically ask the driver to submit to a series of tests. The standard field sobriety test (SFST) includes three tests performed during a traffic stop in order to determine if a driver is impaired. These tests involve evaluating a driver’s balance and coordination, and they are known as the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand.
Understanding Search Warrants in Illinois Criminal Cases
In order for a person to be convicted of a criminal offense, the prosecution typically must provide evidence that a crime was committed. A search warrant is a legal document that allows police officers to enter certain places to attempt to retrieve evidence. Recent news reports about police searching the wrong home have surfaced, shedding light on the use of search warrants. Specifically, “no-knock” search warrants have faced harsh criticism and scrutiny across the country. Common among drug crimes, weapons violations, and theft, search warrants are relied upon to establish a defendant’s guilt in most cases. However, it may not be as cut-and-dry as you might think. Depending on the circumstance, a criminal defense attorney may be able to contest the admission of evidence seized in the search and prevent it from being used in your case.
Are Theft and Property Crimes Committed More During the Holidays?
Many people look forward to the winter holidays for various reasons, including gathering with friends and family to exchange gifts and share a meal. However, this holiday season is unlike most others in our lifetime due to the COVID-19 pandemic and its impact on society. In order to slow the spread of the contagious virus, many non-essential businesses have closed or reduced capacity and staff. This has put a significant strain on individuals who are struggling to pay their bills let alone buy Christmas gifts. According to national statistics, more theft crimes occur during the holidays even without a pandemic going on. For instance, larceny during the month of December is 22 percent higher than the average rate for larceny in all other months combined. If you or your loved one is facing charges for any kind of theft crime, it is essential to consult a skilled criminal defense attorney who can help reduce your sentence or have your case dismissed altogether.
What Are the Main Causes of a Snowmobile Accident Injury in Illinois?
Winter is a time for snow sports, including skiing, sledding, ice skating, and snowmobiling. The snowmobile was originally manufactured as a means of transportation for people and supplies in regions where heavy and deep snow prevented conventional vehicle use. Today, snowmobiling has become a popular winter sport enjoyed by more than 2 million people of all ages. Snowmobiling allows cold-weather fans to get outside and enjoy the winter landscape. However, the modern snowmobile can weigh more than 600 pounds and travel at speeds of 90 miles per hour or greater. Snowmobile accidents cause approximately 200 deaths and 14,000 injuries every year. There are several factors that can increase the likelihood of a crash, and in some cases, it may be caused by negligent parties. Through education and legislation, injury and death rates can be significantly reduced.
Are There More DUI Arrests in Illinois Over Thanksgiving Weekend?
Although this Thanksgiving may look a bit different as a result of the restrictions put in place to fight COVID-19, many people will still be celebrating the holiday. Small gatherings may still include alcoholic beverages, which can unfortunately lead to intoxicated driving. That is why local law enforcement agencies step up their patrols in anticipation of partygoers possibly getting behind the wheel after a few too many. Traffic-related fatalities usually increase during the long holiday weekends. The National Safety Council (NSC) has estimated that approximately 500 people will lose their lives between Wednesday and Sunday of Thanksgiving weekend. Police will be on the lookout for impaired drivers, and they can arrest those who are suspected of driving under the influence (DUI) of drugs or alcohol.
How Do Pharmaceutical Errors Occur in Illinois?
You may not think they happen very often, but medication errors are more common than you might want to believe. In some cases, a patient may not even realize one has taken place if he or she does not have any adverse side effects. However, some medical mistakes can have devastating consequences. A 2016 Johns Hopkins study estimated that approximately 250,000 people die annually due to medical errors. These prescription drug errors can occur for various reasons. In certain situations, a physician, hospital, or pharmacy may be held liable for any injuries suffered as a result of this form of medical negligence.
Common Types of Medication Mistakes
Everyone makes mistakes, but sometimes the results can cause debilitating injuries or even fatalities. The most common types of pharmaceutical errors made by a physician or a pharmacist include:
What Are the Conditions of Posting Bail in Illinois?
One bad mistake can lead to a heap of trouble, including criminal charges if an illegal act was committed. If you have been arrested for a crime in Illinois, you may be wondering what to expect if you have not had any previous experience with the criminal justice system. Under Illinois law, an accused individual can be kept in custody, released on his or her own recognizance, or released on bail. If released on bail, a bond must be paid, which ensures the defendant’s appearance for future court dates and compliance with any other conditions of release. Typically, once a criminal case is over, 10 percent of the money posted is awarded to the clerk for the costs of posting bond. When someone posts bail, he or she must comply with certain restrictions or conditions of the bail bond. A violation of these rules can lead to further criminal charges.
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