Maybe you’ve seen headlines recently such as “9th Circuit panel finds a constitutional right to openly carry a gun,” “U.S. Appeals Court: Constitution Gives Right To Carry Gun In Public,” or “Appeals court rules Constitution protects right to openly carry gun in public.” These headlines are designed to grab attention and shock a person into reading the article, but they can be misleading when it comes to understanding the July 24, 2018 decision in Young v. Hawaii and what it means for people outside Hawaii. This post will briefly discuss the case in light of what, if anything, it means for
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Fagan, Fagan & Davis Blog
Blog for Chicago Area Criminal and DUI Lawyers
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Fourth Amendment Alive and Kicking for Drivers in Criminal Cases
On May 14th, 2018, the United States Supreme Court decided an important criminal case impacting Search and Seizure and the Fourth Amendment of the US Constitution. The Court actually tightened constitutional protections from police discretion to search vehicles in certain situations, and this has an impact around the country, including Illinois criminal cases.
The 4th Amendment of the United States Constitution recognizes a “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Generally, any search or seizure triggers some kind of implication of the 4th Amendment. Sometimes the Fourth amendment…
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Illinois DUI and Criminal Arrest Drop Through the Floor
In a long term trend, arrests in Illinois and specifically in the Chicago area are continuing to drop.
We’ve completed a review of publicly available data, and the picture is disturbing.
Total DUI arrests by the Illinois State Police went from 10,734 in 2010 to 5,619 in 2016. Chicago Police DUI arrests dropped from 3,695 in 2010 down to 2,592 in 2016. The data isn’t available yet, but we believe those numbers dipped further in 2017 as well. Lest one think for a moment “DUI is cured!” or “thank goodness for Uber!”, here are the totals for all Chicago Police Department arrests for criminal…
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Best Chicago DUI Lawyers 2018
The Illinois law firm of Fagan, Fagan is proud to announce our selection as one of the 20 Best DUI Lawyers serving Chicago for 2018 by Expertise.com.
Expertise.com reviewed 665 Chicago DUI lawyers and law firms based on 25 different criteria including reputation, credibility, experience, and professionalism. They review attorneys in categories including DUI, chicago criminal defense, personal injury and more all over the country and select only the top 20 for inclusion annually.
According to Expertise.com:
“Why These DUI Lawyers?:Our goal is to connect people with the best local experts. We scored dui lawyers on more than 25 variables across five…
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Illinois Gun Crime Law Reloaded Part 3
A new Illinois gun crime law takes effect January 2018. This “pilot program” will expire on January 1, 2023. Illinois criminal defense lawyers Fagan, Fagan & Davis explain the effects on UUW and AUUW laws, and how new minimum sentencing requirements are set.
In Illinois Gun Crime Reloaded Part 2, we noted that one of the primary Illinois authors of the bill characterized the upcoming raised minimum sentences in the Safe Neighborhoods Reform Act as “presumptive”, rather than mandatory. What does that mean, and why that is so important to the new Illinois gun crime law? These minimum sentences are “presumptive” because of a…
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Illinois Gun Crime Law Reloaded Part 2
On January 1, 2018, a new law focused on Illinois gun crime called the Safe Neighborhoods Reform Act goes into effect. This is a “pilot program” that will expire on January 1, 2023. Illinois criminal defense lawyers Fagan, Fagan & Davis explain the effects on UUW and AUUW laws.
We previously discussed the new alternative sentencing program for certain first time Illinois gun crime offenders under the age of 21. The other side of that coin, however, is a more severe minimum sentence for anyone found guilty of a gun-based Aggravated Unlawful Use of a Weapon (AUUW) or Unlawful…
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