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Three Things You Should Know About Your Miranda Rights
If you have ever seen any of the various law enforcement shows on TV, you have probably at least heard of your Miranda rights. The 1966 Supreme Court case Arizona v. Miranda further enforced that a police officer is required to notify you of your constitutional rights when you have been taken into custody. The case involved a young man, Ernesto Miranda, who was a suspect for rape and kidnapping. Before police informed him that he had a right to an attorney and the right to remain silent, he confessed to the crimes. This was a landmark case in the Supreme Court that is still upheld today and affects the way all criminal cases take place now. Here are a few things you should know about your Miranda rights:
- Your Miranda Rights are Your Constitutional Rights: The U.S. Constitution guarantees citizens certain rights, some of which are the basis of your Miranda rights. You always have the right to remain silent, the right against self-incrimination and the right to seek legal representation. There is no situation in which you do not have the freedom to exercise your Miranda rights.
The Difference Between Assault and Battery in Illinois
Assault and battery are two terms that are commonly used as synonyms for one another in everyday conversation. In the legal world, assault and battery are two separate criminal offenses that have different definitions and carry different sets of punishments for committing them. In Illinois, assault and battery crimes are taken seriously and can be either a misdemeanor or felony charge, depending on the circumstances. Punishments can range from probation to prison time, which is why it is important to seek legal counsel if you have been charged with either crime.
Assault
In Illinois, assault is defined as any action that puts another person in "reasonable apprehension" of being physically hurt, Reasonable apprehension refers to the way the majority of people – or a reasonable person – would react to such actions. Basic assault is a Class C misdemeanor, which means you can face $75 to $1,500 in fines, up to 30 days in prison or up to two years of probation. Unless you are sentenced to jail time, you will also have to serve between 30 and 120 hours of community service.
Can the Police Handcuff You Without "Arresting" You?
Drug crime cases often begin with seemingly routine traffic stops. Illinois law enforcement officers may use a minor traffic crime, such as speeding, as a pretext to stop and search a vehicle suspected to contain evidence of illegal drug activity. While the Constitution is supposed to protect all citizens against "unreasonable" searches, in practice there are a number of loopholes that judges allow police to exploit.
Court Reinstates Drug Charge After Questionable Search
One recent Cook County drug case, which is still pending, began with an unverified "tip" from an unidentified informant. Someone allegedly informed a Drug Enforcement Agency (DEA) agent in San Diego that a woman was illegally transporting drugs to Chicago. This agent then told his counterparts in Chicago.
Federal and local officials working as part of an anti-drug task force at O’Hare International Airport traced the woman, identified by the San Diego agent, to a nearby hotel. They watched the woman enter one of the hotel rooms with a black bag. A short time later, the defendant and another woman entered the room. They then exited the room with the defendant carrying the black bag.
Common Causes of Trips, Slips, and Falls in the Workplace
Accidents happen; we all know this. Accidents at work are not uncommon occurrences, especially when it comes to slips, trips and/or falls. According to the latest statistics from the U.S. Bureau of Labor Statistics, there were around 2.8 million nonfatal workplace injuries and illnesses that were reported in 2017. Of those injuries, the second most common type of injury was slips, trips, and falls. Like any injury, the severity of injuries caused by slips, trips, and falls can range from minor, such as pulled or strained muscles, to major injuries, such as spinal cord injuries or broken bones. The key to preventing these types of injuries is identifying the causes. Here are the most common causes of trips, slips, and falls in the workplace:
Substances on the Floor
When there are wet or dry contaminants on the floor, it can cause workers to lose their footing easily. Having substances on the floor is perhaps one of the most common causes of slips and falls in the workplace. Slippery substances that pose a danger can include:
Understanding Illinois Hate Crimes and Their Consequences
In the past couple of years, law enforcement officers and legislative officials have focused more attention on hate crimes. More time, energy and resources have been put into thorough investigations of hate crimes, and laws have been made even more strict than before. In Illinois, officials do not have a tolerance for hate crimes and often punish offenders to the fullest extent of the law. Though every situation is different, a hate crime committed in Illinois is charged as a felony offense, which means you face serious consequences if you are convicted. Dealing with accusations of a hate crime can be daunting, which is why retaining counsel from a skilled Illinois criminal defense attorney is crucial.
What is Hate Crime?
In simple terms, a hate crime occurs when a person commits a crime against another person or group of people because of that group or person’s perceived race, color, religion, gender, sexual orientation or physical or mental disability. Often, the type of actions that are committed against people in a hate crime is violent in nature and can include crimes such as:
Teenage DUI: Zero Tolerance Laws in Illinois
When examining traffic offenses or crimes that can be committed while driving, a DUI is one of the most serious charges one can face. The state of Illinois has cracked down on drunk driving in recent years for both underage drivers and adult drivers. Underage DUI is a very serious crime in Illinois. Not only is an offender violating DUI laws, but they are also violating the minimum drinking age laws. Having a teenage child who gets caught drinking and driving can be a nerve-wracking experience, but understanding the laws and the consequences for breaking them can help ease some of the uncertainty.
Zero Tolerance Laws
In an effort to reduce the number of teenagers who drink and drive, Illinois has adopted zero tolerance laws for drivers under the age of 21. Under these laws, any blood alcohol content (BAC) over .00 will result in charges. A first-time offender will lose their driving privileges for three months for any BAC that is over .00. They will lose their driving privileges for six months if they refuse to take a chemical test.
Can What I Said Years ago be Used Against Me in a Sex Crimes Case?
A sex crimes charge can permanently brand the accused as a "sex offender" in the eyes of the law and the public. One factor to keep in mind is not all sex crimes involve physical assault. For example, if a person "engages in a sexual act" in the "presence or virtual presence" of a child, he or she may be charged with "sexual exploitation." This is a misdemeanor for a first offense but a felony if the defendant has any prior sex crimes conviction.
Ex-Wife's Testimony Used to Convict Defendant
In pursuing a sex crimes case, Illinois prosecutors will not hesitate to introduce any evidence designed to make the defendant look as bad as possible to the jury. Judges are supposed to keep unduly "prejudicial" evidence away from the jury, but prosecutors still have quite a bit of leeway in making their case. This includes allowing evidence that supposedly proves a defendant's motive or intent.
Consider a recent criminal case from northern Illinois. The state accused the defendant of sexual exploitation of a child. Specifically, prosecutors said the defendant "engaged in oral sex and sexual intercourse with his girlfriend in front of his son in an attempt to teach his son about sex."
What are Some Common Injuries After an Illinois Motorcycle Accident?
Riding a motorcycle is a popular form of transportation for many Americans, especially as the weather gets warmer. Unfortunately, with the rising temperatures, traffic fatalities also tend to rise, especially for motorcyclists. According to information from the National Highway Traffic Safety Administration (NHTSA), there were more than 5,100 motorcyclists killed from traffic crashes in 2017, with thousands more who suffered injuries. Even in motorcycle crashes that do not involve fatalities, the injuries can be very serious and can have a lifelong impact on the victim.
Types of Motorcycle Accident Injuries
There is a wide range of injuries that could occur after a motorcycle accident. The type and severity of injuries that occur depend on the circumstances of the accident, such as what the motorcyclist was wearing at the time of the accident, whether or not he or she was wearing a helmet and the type of crash that occurred. In many cases, injuries are more severe if the motorcyclist was not wearing protective gear when they got into the accident. Here are a few common motorcycle accident injuries:
Can I Pursue a Workers’ Compensation Claim if I Get Sick While on the Job?
Most people have heard of workers' compensation. All employers in the state of Illinois are required to carry workers’ compensation insurance that helps take care of employees if they are injured on the job. However, accidents are not the only way you can be eligible for workers’ compensation benefits. In some circumstances, you can also file a claim under the Illinois Workers’ Occupational Diseases Act if you have contracted an illness or have become sick as a result of your work environment.
What Diseases Qualify for a Claim?
There are a variety of situations in which you may be eligible to claim compensation through the Illinois Workers’ Occupational Disease Act. However, there are no specific diseases or conditions listed that qualify. Rather, the Act states that any employee is eligible if they suffer disablement, impairment, disfigurement, or death and such injury is caused by a disease, "arising out of and in the course of his or her employment." The Act also states that any pre-existing condition that is aggravated because of a person’s employment may also be covered. Common diseases and illnesses that may be covered under the Act can include:
Pursuing Compensation After an Illinois Car Accident Involving a Drunk Driver
It is illegal in all states to operate a motor vehicle while you are under the influence of drugs or alcohol. Yet, this does not stop people from doing just that. Driving while you are intoxicated increases the chance that you will get into a car accident and unfortunately, DUI-related traffic accidents are common in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 10,500 deaths caused by drunk driving accidents in 2018, accounting for around 29 percent of all traffic deaths that year. Even if you are not killed in a drunk driving accident, you can be seriously injured. The state of Illinois gives you a few options when it comes to pursuing compensation after a drunk driving accident.
The Illinois Dram Shop Act
In Illinois, it is possible to pursue compensation from different responsible parties. Not only can you pursue compensation from the drunk driver themselves, but you may also be able to pursue compensation from the establishment that served the driver his or her alcohol. The Illinois Liquor Control Act (also known as the Dram Shop Act) is the legislation that allows bars, restaurants, and other establishments to be held liable for damages and injuries caused by a drunk driver that they served.
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