It was no secret that the controversial Safe-T Act would be subject to judicial review, both on the face of it and as the state implements it. Mere weeks after its initial passage, the new law had already been brought to the Illinois Supreme Court for alleged constitutional violations. Now, in addition to these challenges, legislators have amended the law to “clarify misinformation” and avoid similar legal action moving forward.
Understanding the controversy
The Illinois state legislature passed the Safe-T Act in 2021. While most of the law has already taken effect, its most controversial component, which ends cash bail…
Continue Reading What the new Safe-T Act revisions mean for the law and its future in court

Social media helps us connect with loved ones and friends; it can even play a role in our professional lives. There are certain things we share online that we expect will remain within our friend groups — but is this expectation reasonable? This is a question that often comes up in cases where the police use social media platforms to gather evidence to build a criminal case.

These efforts are more than just a national issue, they are present right here in Chicago. The Chicago Police Department even has a specialized social media task force that monitors online activity; so…
Continue Reading Police investigations and social media: 3 things to know

Tracing a gun to a purchaser is not always a simple matter. When someone is shot, investigating officers often track a suspect by looking at the gun used. Ballistic evidence can often help determine if a specific gun was used in the shooting, but that only helps if they have the gun to test.

If they do have the gun, however, that is not the only thing they may look into. They may also try to figure out where the gun came from, whether it was purchased legally and who sold it to the suspect. A recent story regarding the…
Continue Reading How Do Police Trace An Illegal Gun Purchase?

This past July, a U.S. Postal Service letter carrier in Miami was robbed at gunpoint for her master keys. In a suburb of Dayton, Ohio, three blue postal drop boxes were broken into and emptied and a mail carrier had keys stolen in May. Over a dozen mail carriers in Chevy Chase, Maryland have been robbed of mail and keys this year. Postal inspectors across the country are seeing a rash of mail theft, including mail stolen out of residential boxes, key theft and theft from blue drop boxes.
What is the purpose behind the thefts?
For the most part,…
Continue Reading Postal inspectors around the country are investigating mail theft

Yesterday, in a unanimous decision, an Illinois appeals court held that “the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search [a] vehicle, and the [trial] court did not err in granting the motion to suppress” filed by the defense. This holding reversed long-held precedent in Illinois and will be a game-changer for police officers and motorists.

In this case, the People of the State of Illinois v. Stribling, the motorist was pulled over by police after allegedly violating several traffic laws and the officer claimed to have detected a…
Continue Reading Smell of Burning Cannabis Alone No Longer Satisfies Probable Cause for Search of a Vehicle In Illinois

The United States Supreme Court decided an interesting case that discusses the issue of double jeopardy and how it works. While some of the core issues involve dual sovereignty matters that don’t come up that often, the case involves a basic understanding of double jeopardy and how it could play out in the court system

Many people facing state and federal charges for a single illegal act are surprised to learn that they are not protected by double jeopardy.
Denezpi v. United States
In Denezpi v. United States, the court looked at a criminal case involving a Navajo Indian…
Continue Reading Double jeopardy might not provide the legal protection you think

Americans take elder abuse seriously. When evidence arises of possible exploitation, neglect or abuse of someone over aged 65, the reaction is generally swift and aggressive.

For those facing accusations of elder abuse or financial exploitation of the elderly, these accusations can come in both criminal court and in civil court. Further, the public perception is usually one of outrage. When facing allegations in the criminal courts, it takes an aggressive and experienced criminal defense lawyer who knows how to find the weaknesses in the prosecutor’s case to help you avoid a conviction and prison time.
South Florida financial exploitation…
Continue Reading Fighting back against elder abuse charges

The neglect of the elderly is a common problem, especially in larger urban areas. When the people who are being paid to provide care for the elderly are the ones who are apparently at fault for injuries and deaths occurring to the elderly, the normal recourse resides in the civil courts.

But when does neglect of the elderly, negligence or recklessness surrounding their care and/or nursing home neglect rise to the level of criminal activity? Can a nursing home or a member of its staff be charged with a crime when their negligence results in injury or death to nursing…
Continue Reading Can nursing home negligence be a crime?

The recent news story about the Supreme Court’s opinion in progress will certainly polarize the already divided American public regarding abortion rights and the right to life throughout the country. However, another story less discussed is the fact that the reported leak of this kind might represent any number of serious federal crimes.
The case
According to Fox News online and many other sources, an early draft of the Supreme Court Justices’ majority ruling in the case of Dobbs v. Jackson Women’s Health has been leaked to the public this week. The case itself, challenging the constitutionality of Mississippi’s prohibition…
Continue Reading Is the recent Supreme Court leak a criminal offense?