Understanding Illinois Misdemeanor Charges

 Posted on September 05, 2016 in Misdemeanor

Do you know what differentiates a misdemeanor charge from a felony charge in Illinois? Per Illinois state law, misdemeanors are charges that include a punishment of less than a year in county or local jail. Felonies, on the other hand, are more serious crimes and include punishment of a year or more in a state prison.

While it is true that misdemeanor crimes carry less harsh penalties compared to felonies, misdemeanor charges are still very serious and can potentially harm you into the future. Misdemeanors still include arrest, being required to take mug shots and fingerprinting, and result in a criminal record. In Illinois, a criminal record can make things like finding a job, leasing an apartment, and continuing your education difficult.

Classes of Illinois Misdemeanors

Misdemeanors in Illinois are separated into three categories, class A, class B, and class C, depending on the severity of the crime committed. The least severe misdemeanor is class C, and charges include assault and disorderly conduct, while the most severe class, class A, includes crimes such as prostitution, theft, and driving under the influence.

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Asset Forfeiture in Illinois

 Posted on August 22, 2016 in Civil Rights

Innocent until proven guilty. A person in America must be proven, beyond a reasonable doubt, to be guilty of committing a criminal act before a conviction. It is one of the most important pieces of the American criminal justice system, but a principle not afforded to many in Illinois and elsewhere, thanks to asset forfeiture laws. Through asset forfeiture, police departments in Illinois are able to take possession of any personal property they believe is related to a criminal act, whether that is actually the case or not. Over the past two years, Illinois police have seized millions of dollars in assets and personal property through civil and criminal asset forfeiture, a system that many say is broken. Here is what you need to know about asset forfeiture in Illinois. Guilty until Proven Innocent? While asset forfeiture laws in the United States have existed for many years, they were greatly expanded in the 1980s when authorities were hoping to seize the assets collected by major drug kingpins and organized criminals. Taking illegally obtained assets from criminals makes sense, but in Illinois, asset forfeiture laws are affecting more than just those engaged in criminal behavior. Civil asset forfeiture allows Illinois police departments across the state to seize any personal asset or property they believe to be related to a crime. Authorities need no proof, criminal charges, or a warrant to seize the suspected assets, and it then becomes the property owner's responsibility to prove their property is not related to criminal activity. In August of 2015, an Illinois senior citizen and grandmother had her car seized and held for five months. She had let her grandson use the vehicle, and he was stopped and arrested for driving with a revoked license. The grandmother was unaware of her grandson’s situation, and while he was only sentenced to 10 days in jail, the car was not returned for five months. Over that five-month period, the grandmother struggled to live without a vehicle, and also attempted to represent herself in court and prove that her vehicle was not related to a crime. Many residents have found themselves in a similar position, required to fight for their own assets taken by authorities without any proof or warrant. “There are so many cases that people cannot contest,” says one Illinois attorney, who worked pro bono with the grandmother to help her obtain her car. “The burden of proof needs to be on the prosecutor. It is quasi-criminal, if not criminal, to take someone’s property from them in this way.” Legal specialists say that asset forfeiture is more common in Illinois than residents would think. According to records from the Illinois chapter of the American Civil Liberties Union, Illinois police have seized $72 million in assets over the last two years alone. Agencies are able to keep 90 percent of the proceeds of the assets they collect, a policy some people say is cause for concern. Even officers themselves have said that many authorities view asset forfeiture as a revenue generator. While states like Nebraska, Michigan, and New Mexico have all taken recent steps to either banish or reform asset forfeiture within their states, Illinois has yet to make any reformations. In fact, Illinois received a D-minus from the Institute for Justice due to the quality of protections the state provides to property owners. You Need a Criminal Defense Attorney

If you are facing any criminal charges in Illinois, you need the help of a qualified Chicago area criminal defense attorney. Call 312-629-0669 today to learn more about how attorney Hal M. Garfinkel and his team can help you. We provide aggressive legal representation and have years of experience defending clients from a variety of criminal charges. Call now to set up a free consultation with us.

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Where Does Heroin in Illinois Come From?

 Posted on August 15, 2016 in Drug Crimes

Heroin, an extremely addictive opiate drug, has long plagued Illinois. Heroin can devastate lives and even communities, leading many to label the widespread heroin problem as an epidemic. The drug affects people from all walks of life, from already at-risk drug users to individuals recovering from surgery who find themselves addicted but out of pain medication and looking for an alternative. Where is the heroin circulating around Illinois coming from? Law enforcement officials say the state’s supply of heroin comes from two places: Mexico and South America. Two Sources Heroin is most commonly available in two different forms. There is the white or brownish powder, known as white powder, and a black, sticky substance known as black tar. The drug is often diluted using other drugs or starch, sugar, or powdered milk. Users can smoke, snort, or inject the highly addictive substance which provides a sense of euphoria. Illinois is affected by both forms of the drug. Chicago is one of the most profitable markets for white powder heroin, while nearby St. Louis has a large demand for both the black tar and white powder forms. Officials say that because there is demand for both types of heroin, traffickers are moving the product up from both Mexico and South America. “Much of the heroin supply to the U.S. comes from Mexico, but most of the heroin that goes to the eastern portion of the country and to Chicago, comes from South America,” says one Illinois drug enforcement specialist. Drug enforcement officials say that today’s drug traffickers are business-minded, and are constantly seeking out new ways to provide users with their product. Chicago and St. Louis are both large distribution hubs, where the heroin is delivered, divided, and then spread out. Arrests Versus Education While law enforcement officials say they plan to continue thwarting attempts to deliver and distribute heroin and other drugs to Illinois residents, officials say further education is also needed to help combat the heroin epidemic, as well as treatment options for addicts opposed to jail time. “We cannot arrest our way out of this situation,” says one drug task force member. Further education is needed, specialists say, to help inform the public of the reality of the problem. Everyone is vulnerable, and thanks to highly addictive pain medication often prescribed after a surgery or injury, many individuals with no past drug use find themselves seeking heroin. While arresting heroin users may get them off the street for the time being, treatment is needed to help addicts combat their addiction and move forward free from heroin. Heroin Charges?

Are you facing heroin related charges? If so, you need the help of a qualified Chicago area criminal defense attorney with experience helping clients with drug charges. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our team has years of experience providing aggressive, quality criminal defense to clients facing a variety of drug related charges. Be it heroin possession, distribution, or trafficking charges, we are here to help. Call 312-629-0669 today to learn more about how we can help you.

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Investigation Finds Many Hate Crimes Go Unreported in America

 Posted on August 08, 2016 in Hate Crime Statute

According to the FBI, an average of 5,000 to 7,000 hate crimes are reported each year in America. The bureau defines a hate crime as any criminal offense committed against a person or property that is motivated by a bias against a certain religion, race, disability, ethnicity, gender, gender identity, or sexual orientation. The FBI reports that nearly half of all hate crimes are driven by racial bias, and advocates worry that hate crimes may be increasing due to racial and religious tension in America.

Just over a year ago, nine African American churchgoers were shot in Charleston, South Carolina in a violent attack labeled a hate crime, and other minority groups have seen increased violence lately as well. Muslims say violence against them has risen, and gay and transgender groups report being targets of violence recently as well. Despite hate crimes being handled very seriously by the federal government, an investigation recently conducted by the FBI shows that many local agencies across the country fail to accurately report the number of hate crimes their departments handle each year. Lack of Reporting According to the Associated Press, who conducted the investigation, over 2,700 police and sheriff departments across America have not submitted a hate crime report of any kind to the FBI over the past six years. The bureau encourages all departments to submit hate crime reports annually, even if the number of hate crimes listed is zero. Submitting annual reports, the FBI says, shows that communities are taking hate crimes seriously, even if they report zero hate crimes occurred. Those 2,700 departments that have not submitted reports in six years make up 17 percent of all law enforcement agencies nationwide, meaning the number of hate crimes in America could be significantly higher than reported, and the problems do not stop there. On top of the 2,700 some agencies that have failed to file a hate crime report of any kind over the past few years, many other agencies across the country have other reporting problems. Some agencies report some years, and then fail to do so other years. Other agencies report hate crimes for part of the year but not all of it. Many local agencies say they believed they were reporting, or following FBI protocol, when in fact they were not. While the FBI strongly encourages any law enforcement agency empowered to make an arrest to submit hate crime numbers annually, it is voluntary, and FBI officials are working on increased training to ensure departments do start reporting or do a better job of reporting. Of the agencies that did not report at all, many represented small towns of a few thousand people or less, but some were surprisingly in larger, more heavily populated areas with  histories of racial issues such as Birmingham, Alabama; Jackson, Mississippi; and Baton Rouge, Louisiana. Advocates say that it is not just law enforcement agencies that are failing at identifying and reporting hate crimes. Victims often do not report hate crimes committed against them for reasons including fear of retaliation against them, fear of lack of support from law enforcement, or fear that the incident was a personal or private matter. The Sikh community, for example, is often confused with Muslims because they wear similar head coverings. Some Sikh community members say that their community fears reporting hate crimes because increased attention may draw more violence towards them. Fighting a Hate Crime Charge

If you are facing hate crime charges, you need the help of an experienced Chicago area criminal defense attorney. Hate crime charges are very serious, and your freedom and reputation could be at stake. Serious charges require serious legal expertise. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, Attorney Garfinkel and his team have extensive experience with the federal court system, and can help make sure your rights are protected during your case. Call 312-629-0669 today to schedule a free consultation with us to learn more.

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Understanding Different Illinois Burglary Charges

 Posted on August 01, 2016 in Uncategorized

Burglary of any kind is a serious crime with serious consequences facing those who get caught. When most of us picture a burglary, we think of someone in all black sneaking or breaking into a property in hopes of stealing something. While that description is accurate in many cases, there are actually many different charges in Illinois associated with burglary. Where you break in, how you break in, and what your intent is after breaking in are all factors that determine which burglary related charges will be brought against you. Those arrested for burglary often find themselves confused by the charges they are facing. Below, we break down a few of the most common burglary related charges in Illinois.

Burglary

Illinois Law (720 ILCS 5/19-1) states that a person commits burglary when they knowingly enter a building, vehicle, watercraft, trailer, or train car with the intent to steal something. Most burglaries in Illinois are considered Class 2 felonies, meaning those charged with burglary in Illinois face a prison sentence of up to seven years. If, however, the burglary takes place at a church, a school, a daycare center, or a child care related facility, the charge can be raised to a Class 1 felony, and the punishment can carry a prison sentence of anywhere from four to 15 years.

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Chicago Police Prepared for Increased Gun Violence during Summer Months

 Posted on July 25, 2016 in Weapons

It appears the violence in Chicago, a city plagued by gun violence, shows no sign of slowing down. Compared to this time last year, the number of people shot in the city of Chicago is up 50 percent, and officials are worried. Summer is traditionally the most violent time period for Chicago, and city police say they have stepped up their efforts of combating gun violence.

So far this year, there have been approximately 1,400 victims of gun violence, and at least 244 gun wound related fatalities. At this point last year, in comparison, only 904 people had been shot, and around 150 of those victims were shot fatally. That significant increase is alarming, considering violent crimes tend to increase with the heat of the summer.

Summertime Violence?

Researchers nationwide have long studied the correlation between increasing temperatures and greater numbers of violent crime. In 2001, a paper released by a University of Iowa professor titled “Heat and Violence” stated that there is a 2.6 percent increase nationwide in assaults and murders in the summer months, and that hotter summers tended to have more violence than cooler summers. A study on the city of Cleveland conducted in 2010  found that hotter temperatures do indeed correlate to increased amounts of aggressive crime, specifically domestic violence and non-aggravated assaults, or those involving no serious injury or weapon use.

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Employees with Criminal Records May Perform Better Than Those without Records

 Posted on July 18, 2016 in Expungement

Finding a job with a criminal record can be difficult. Many employers across the country require that applicants disclose if they have a criminal record, and often turn down qualified employees based on their past arrests and convictions. According to the National Employment Law Project, nearly one third of American adults today have some type of prior conviction or arrest, meaning there are millions of Americans struggling to find employment. Fortunately, it seems the expectation that those with a criminal record will be bad employees may not be true. A new study indicates that employees with criminal records are no more likely to perform poorly on the job than their counterparts without records, and in fact, those with a record may outperform those without.

A Record Does Not Indicate a Poor Employee

Researchers with Harvard University and the University of Massachusetts Amherst conducted the study, which examined the nation’s largest employer - the United States military. The research shows that employers across the country who deny jobs to potential employees with criminal backgrounds may be losing out on quality staff. Research like this is largely unprecedented, as no evidence is available to assess the performance of past criminals in the workplace. The United States military, however, has actively pursued and hired those with felony backgrounds for years, making it a prime employer to study.

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Illinois Police Cracking down on DUIs

 Posted on July 11, 2016 in DUI

Illinois police statewide say they are doing everything they can to crack down on intoxicated drivers. According to the Illinois State Police, twenty five people have already been killed due to drunk drivers in the state of Illinois in 2016, and efforts are being taken to prevent further deaths. Driving under the influence of drugs or alcohol should be avoided at all costs, and those with DUI or DWI charges face serious, life changing consequences.

Reviving an Old Tactic

In District 16, police are reviving an old tactic in hopes of keeping drunk drivers on the road. We already know that a DUI can be a major financial burden, lead to loss of driving privileges, community service, and jail time, but now, a DUI conviction could cost you your reputation as well. District 16 officials has begun releasing a monthly list of all DUI offenders. Authorities in the district say it is a low cost method that may very well prevent intoxicated individuals from getting behind the wheel. “If that is something we can do that does not cost the State Police or the taxpayers any money, that might just keep one more person from making that bad decision, then it’s worth it,” says Illinois State Police Lieutenant Carl Heintz. If fines, jail time, and skyrocketed insurance rates were not enough to prevent DUIs, authorities are hoping potential embarrassment might do the trick.

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Can Psychedelic Drugs Help Prevent Domestic Violence?

 Posted on July 04, 2016 in Domestic Violence

Can psychedelic drugs like LSD and mushrooms help combat domestic violence? Possibly, at least according to recently released findings from the University of British Columbia’s Centre for the Advancement of Psychological Science and Law. The researchers studied a group of male inmates from an Illinois county jail, and their findings may indicate a future potential for using psychedelic drugs as a tool to prevent domestic violence.

More Tripping, Less Violence?

The researchers followed a group of over 300 newly released Illinois inmates for over six years using FBI records, tracking any run-ins they had with law enforcement. Prior to their release, each of the inmates indicated they had histories of substance abuse, and 72 percent of the inmates had some type of violent crime in their past. The inmates were monitored over the course of six years after their release.

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Speed Cameras and Construction Zones

 Posted on June 22, 2016 in Uncategorized

Many communities across the country utilize speed cameras to identify and fine those driving over the speed limit. The automated cameras use radar technology to catch speeding vehicles, capture the vehicle's license plate number, and a ticket is later sent to the driver. These types of cameras are also common at red lights, and are also used at rail crossings and toll stations.

Cameras like this are hot button issues in many states. While penalties for being caught by an automated camera are typically lighter compared to those from traditional police stops, opponents argue that defense against tickets from automatic cameras is difficult, and that the technology is not always reliable. Proponents, however, say the cameras encourage drivers to obey all traffic rules while freeing up police resources for other purposes. Three states, Oregon, Illinois, and Maryland, use speed cameras at highway construction zones, hoping to increase worker safety and reduce the number of construction zone crashes. Do these cameras really help?

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