When the Constitution was written, most criminal cases were disposed of via jury trial. So, to placate opponents who pointed out that there was no relevant protection in the original Constitution, the Founding Fathers quickly added the Sixth Amendment. In addition to a jury trial guarantee, this provision also guarantees some other important rights, like the right to directly confront accusing witnesses and the right to counsel. But about 100 years later, in the late 1880s, plea bargain agreements began...

In most cases, medical providers have a duty to report medical conditions that might affect one’s ability to drive, like epilepsy or the loss of use of a hand or arm, to the Secretary of State. Theoretically, drivers can sue the providers if they over-zealously report such incidents, but these actions are almost impossible to win and very rarely initiated. On the other hand, providers may face criminal penalties for failing to report such incidents. Moreover, if the driver causes...

Federal prosecutors hope that a sensationalistic visual aid, a well-told story, and clever alliteration will bolster their case against an alleged local drug dealer. 33-year-old James Triplett was among 42 people indicted in a drug sweep operation that centered on the West Side’s North Lawndale area. In a 200+ page complaint, government lawyers charge that “Trell” dominated the area drug market, but the case against these defendants may be built on style rather than substance. Prosecutors included a blown-up surveillance...

Most of the approximately twelve moves that people undertake in their lifetimes are job-related. Furthermore, a career change often means a dramatic up or down income change. Divorce papers do not automatically change when life events occur, so even if your income is half what it was before, the Division of Child Support Services will penalize you for not paying the ordered amount. When it comes to child visitation, many parents erroneously rely on informal non-court modifications which may be...

In 2014, peace officers throughout the state responded to more than 65,000 distress calls stemming from relationship violence, and that figure may only be a fraction of the actual number. When home life becomes dangerous, victims need immediate assistance to prevent the situation from deteriorating even further. At the same time, unproved or frivolous complaints often make it difficult or even impossible to obtain a reasonable visitation/custody decree and result in many other hardships. The bottom line is that both...

Authorities in Will County seized more than 800 cannabis plants that were growing in the ground in Beecher, a small village located south of Chicago. Officers belonging to the multi-jurisdictional Kankakee Area Metropolitan Enforcement Group descended on the area after receiving a tip from the Illinois State Police. In addition to 812 plants, officials seized equipment and tools that may have been used in cannabis plant production and therefore may qualify as drug paraphernalia. Investigators are working to determine who...

When Ronald Reagan ran for governor of California in 1967, he ran on a very conservative platform with promises like “cleaning up the mess at Berkeley” and “putting welfare bums to work.” But shortly after taking office, he signed one of the first no-fault divorce laws in the United States. Prior to that moment, divorces in California and most other states could only be granted based on adultery, cruelty, abandonment, or some other marital fault. Some people believe that Governor...

DUI conviction almost always results in drivers’ license revocation. Drivers who can demonstrate that they have a hardship – meaning that they must drive to and from school or work, to care for dependents, to and from doctors’ appointments, etc. – are eligible for a restricted driving permit which allows them to drive under designated circumstances with vehicles that are equipped with interlock ignition devices. All drivers, whether or not they have RDPs, must apply for reinstatement after the minimum...

Owners do not have a reasonable expectation of privacy in computer IP addresses, according to a decision from the Seventh Circuit Court of Appeals. United States v. Caira is binding in Illinois and several other states, unless and until the Supreme Court of the United States rules otherwise. Facts Around 2008, the Drug Enforcement Agency learned that someone tried to buy sassafras oil – which is a component in ecstasy – with gslabs(at)hotmail(dot)com from a website in Vietnam. After issuing...

For better or worse, bicyclists in Chicagoland now have the same rights as motorcyclists, truck drivers, and all other motor vehicle operators, thanks to House Bill 5192. Rep. Anna Moeller (D-Elgin) sponsored the measure, and a local attorney helped draft it. In its final form, H.B. 5192 is much more of a clarification of existing law as opposed to something new because the Vehicle Code already says that bicyclists have the same rights as motorists. Calls for change came after...

As the Cubs look to finally erase the Curse of the Billy Goat and White Sox fans look forward to seeing the cream of the Charlotte Knights’ roster in action during the season’s last six weeks, we can pause and reflect on the moment when Major League Baseball and pre-divorce spousal agreements took center stage in Southern California. In the early 2000s, Los Angeles billionaire power-couple Frank and Jamie McCourt acquired the

Suspects have no constitutional right to consult with lawyers when presented with a lawful demand for a chemical sample via a Breathalyzer test, according to the Commonwealth of Massachusetts’ Appeals Court. Like most other DUI cases, Commonwealth v. Neary-French began with a traffic stop. A Berkshire police officer received an anonymous tip that a driver was “’bumping into’” another vehicle. Based solely on this tip, that officer detained Timothea Neary-French. After backup arrived, Ms. Neary-French performed several field sobriety tests....

As part of an ongoing effort to reform the system, Chicago is one of 29 jurisdictions in the country that will use a computer program to set the amount and type of bail in criminal cases. Chief Judge Timothy Evans said that the Public Safety Assessment would be a welcome change. “For the first time, our pretrial services staff will offer judges an entirely objective risk assessment score to consider when making release/detention decisions,” he said. Instead of magistrate judges...

Several recent United States Supreme Court cases, most notably Heien v. North Carolina (2014) and Utah v. Strieff (2016), have vastly expanded police powers when it comes to detaining motorists whom authorities suspect of driving under the influence or other criminal activity, but in most cases, peace officers still need an independent legal basis for such moves. Challenging the legal basis for the stop is often an effective defense strategy because if the initial stop was illegal, any evidence obtained...

Authorities charged an 80-year-old man with DUI following a minor wreck in Barrington Hills. The crash occurred near the intersection of Route 68 and Bateman Road. According to Barrington Hills police, Donald Cikauskas was westbound on Route 68 when he collided with another vehicle and pushed it onto the eastbound side. Both cars then crossed back onto the westbound side and then onto the right shoulder. Mr. Cikauskas and the other driver, whose name was withheld, were