Criminal Cases

When Can the Police Search My Car?

February 21, 2018 | by James G. Dimeas, Esq.

It is common to have a client come into my office who is facing criminal charges resulting from a search of their vehicle by a police officer. Many of those clients want to know whether the police had the right to search their vehicle and whether I can have the evidence that was recovered thrown out of Court. There’s no simple answer to this question. Whether the police had the right to search the vehicle and whether I can convince the Court to throw out the evidence depends on the facts of each individual case. I want to talk a little bit about the general rules and what the constitutional limits are when it comes to the police searching a motor vehicle.

Generally speaking, the police cannot search your vehicle without a warrant. The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures when we have a reasonable expectation of privacy. Courts have consistently ruled that we do have a reasonable expectation of privacy in our motor vehicles. At the same time, the Courts have recognized that there is an “automobile exception” to the search warrant requirement when it comes to our cars. The “automobile exception” provides that individuals have a lower expectation of privacy when it comes to their cars as opposed to their homes. The Fourth amendment creates minimum requirements that apply to all states and in all cases. However, states are free to grant their citizens more rights than what’s afforded to them by the United States Constitution.

The police can search your vehicle without a warrant only under certain limited circumstances. The limited circumstances are set forth as follows:

Reliability of Eyewitness Testimony

December 20, 2017 | by James G. Dimeas, Esq.

Expert-Witness-300x201 There was a time when eyewitness testimony was considered the best evidence in a criminal case. But recent scientific developments have cast doubt on the reliability of eyewitness testimony. Surveys of jurors in criminal cases show that jurors place great weight on the testimony of eyewitnesses. This can be dangerous because jurors will put greater weight on the testimony of an eyewitness and disregard other powerful and compelling evidence of innocence. Several high-profile cases in which defendants were convicted based on eyewitness testimony were later overturned after it was proven that the defendants were not guilty. Kyle Bloodsworth was convicted of the rape and murder of a nine-year-old girl based on the testimony of five eyewitness. He was later cleared of the rape and murder after DNA testing proved that he was innocent.

Eyewitness testimony is based on the human memory. To determine the reliability of eyewitness testimony, you must understand how the human memory works. Most people think that the human memory is like a video recorder. They believe that the human memory records the events and just plays them back exactly how they happened. But researchers have discovered that this is not how the human memory actually works. Researchers believe that the human memory is more like a giant puzzle. It seems like pieces of material are put together by the human brain in order to create a memory, or a narrative, of what happened. That puzzle can be manipulated by questioning from defense attorneys or from other pieces of material that the person who is recalling the events is exposed to. In addition, the accuracy of someone’s memory can be affected by psychological issues or substance abuse issues that the person providing eyewitness testimony may be suffering from. In controlled studies, researchers have been able to create false memories in individuals by introducing pieces of information that did not actually occur. The scientific studies have changed the way the legal system is dealing with eyewitness testimony. In recent years, there has been a steady movement in the courts to allow expert testimony to be presented before a jury so that they can understand the true significance of eyewitness testimony. The expert testimony is giving juries a more balanced and greater understanding of eyewitness testimony so that juries may be able to give a more measured response to such testimony.

Earlier this year, the Illinois Supreme Court addressed the issue of eyewitness testimony. The court looked at the murder conviction of a man who had been convicted of the murder of a friend. The only evidence in the case was the eyewitness testimony of a witness and a statement made by the victim identifying the defendant as the shooter. When the defendant’s attorney sought to introduce expert testimony at trial to contest the accuracy and reliability of the eyewitness testimony, the trial court did not allow the expert testimony to be presented. In overturning the murder conviction, the court cited the scientific evidence that we discussed earlier in this article along with the number of convictions later overturned after defendants were exonerated by DNA evidence. The court pointed out that since 1989 there have been 150 wrongful convictions in Illinois. One-third of those wrongful convictions were based on mistaken eyewitness testimony. The Illinois Supreme Court ruled that if prosecutors wanted to retry the defendant, the trial court must allow expert testimony to be introduced concerning the reliability of the eyewitness testimony.

Illinois Speeding Tickets Can Lead to Jail Time

November 26, 2017 | by James G. Dimeas, Esq.

Speeding-Ticket-Lawyer-300x200 Recently, I have represented clients who received speeding tickets. In the course of representing these clients, I have come to realize that people do not really understand the Illinois Speeding Laws. In the last few years, the Illinois speeding laws have been changed. The changes have drastically increased the penalties for excessive speeding on Illinois roadways. Drivers are not adequately informed of what the potential consequences can be for a speeding ticket.

As someone who has received speeding tickets in the past, I remember when the biggest inconvenience associated with receiving a speeding ticket was having to take time off of work or school to go to Traffic Court at 321 North LaSalle, pay to park my car downtown, and wait for my case to be called and be dismissed because the police officer did not appear. Hundreds of thousands of Chicagoans used to visit that building every year. Those days have changed. What used to be a major inconvenience can now lead to a potential jail sentence and a suspension of your driver’s license. Let me explain how the Illinois Legislature has made speeding a potential crime and not just a mere inconvenience.

There have been some positive changes for Chicago residents. For one thing, Traffic Court has now been moved into the lower levels of the Daley Center. This makes it easier to get to traffic court. The CTA train stops at the Daley Center so you don’t have to drive to Traffic Court and navigate your way through the heavy Loop traffic only to pay the high fees to park your car at a parking lot in the loop. Traffic tickets are still being dismissed when police officers do not appear in Traffic Court but police officers are appearing in Traffic Court more often because Police Department policies have changed to require that police officers appear in Court.

Can I Vote In Illinois If I Have a Felony Conviction?

November 2, 2017 | by James G. Dimeas, Esq.

This is a question that I am asked frequently around election time. Most people do not understand what the rules are when it comes to whether you are allowed to vote if you have a felony conviction. Rules vary from state to state and this has created confusion. People don’t understand that each state has it’s own rules which requires that people with felony convictions inform themselves of what the rules are in their state. My experience with this issue is that most people are not informed as to what the law is in Illinois when it comes to felony convictions and voting rights in Illinois. Illinois has passed a specific law which spells out what effect a felony conviction can have on your right to vote in Illinois. The law is set out in 10 ILCS 5/3-5. In Illinois, a convicted felon has just as much of a right to vote as any other citizen in the state. As long as you are not incarcerated, meaning serving a prison sentence, you can register and cast a vote in Illinois. If you are in court and fighting your case, you can vote in Illinois. Even if you are in jail fighting your case. If you are on probation, you can vote in Illinois. If you are on parole, you can vote in Illinois. As long as you have not been convicted and are in prison, you can vote. However, if instead of being in prison, you are allowed to serve your sentence outside of prison, such as prison furlough or work release, you will not be allowed to vote until you finish your sentence. If you went to prison and lost the right to vote you should re-register once you are released from prison so that you can go to the polls and cast your vote.

When someone is not allowed under the law to vote, they are called “disenfranchised” voters. In 2010, roughly 2.5% of the nation’s voting age population could not vote because of a felony conviction. In Illinois, that comes out to about 800,000 people who have been convicted of a felony. If 800,000 people do not realize that they have not been stripped of their right to vote, and sit out an election because of their mistaken belief, this could make a big difference in a close election. In my opinion, which is based on the questions that I get from criminal clients, as well as members of the public, not enough is being done to educate the public about this issue.

In seven states, people convicted of a felony are barred forever from ever voting. Florida has the largest number of disenfranchised voters with roughly 10.42% of all voters. In two states, Maine and Vermont, even prison inmates are allowed to vote. In other states, convicted felons are required to petition the Governor to have their right to vote reinstated, or restored, once their sentence is completed.

What’s the Difference Between a Misdemeanor, Felony and Municipal Violation?

August 8, 2017 | by James G. Dimeas, Esq.

Illinois-Felony-Misdemeanor What determines how serious a particular criminal charge in Illinois is depends on the potential criminal penalty that the crime carries. The lowest classification of crimes in Illinois is called a Misdemeanor. The highest classification of crimes in Illinois is called a Felony. Generally, any jail sentence for a Misdemeanor must be served in County Jail. Any jail sentence for a Felony must be served in State Prison. Any potential jail sentence for a Misdemeanor is under one year while any potential jail sentence for a Felony is one year or more. The range of penalties for Misdemeanors and Felonies in Illinois depend on what Class the crime you are charged with falls in. Every criminal offense is classified as a Felony or a Misdemeanor and assigned a specific Class. An experienced and knowledgeable criminal defense lawyer will know whether you are being charged with a Felony or a Misdemeanor and what class your criminal charge falls in.

Most Misdemeanor cases in Illinois are Class A Misdemeanors. A Class A Misdemeanor is punishable by a maximum of one year in county jail and a maximum fine of up to $2,500. An example of a Class A Misdemeanor is a Retail Theft or a simple Battery. But not all Class A Misdemeanors are treated equally. Domestic Battery is a class A Misdemeanor. However, if you are found guilty of a Domestic Battery, it can never be removed from your record while a Retail Theft can be. In addition, you can receive Court Supervision for a Retail Theft but you cannot receive Court Supervision for a Domestic Battery.

A Class A Misdemeanor that I am seeing more and more in court is Aggravated Speeding. You can be charged with a Class A Aggravated Speeding offense if you are speeding 35 miles or more over the posted speed limit. This crime used to be a simple speeding ticket. That is no longer the case in Illinois. So, if you are speeding 35 miles an hour over the speed limit, then you can be charged with a Class A Misdemeanor which carries a potential jail sentence of up to 364 days in County Jail and a fine up to $2,500.

What is a Municipal Ordinance Violation and Do I Need a Lawyer for a Municipal Ordinance Violation?

May 9, 2017 | by James G. Dimeas, Esq.

Municipal-Violation Just like State laws create State crimes, and Federal laws create Federal crimes, individual towns, cities and villages also create laws, called Municipal Ordinances, which can give rise to charges alleging a violation of a Municipal Ordinance. I’ve been handling criminal cases for the past 27 years throughout Cook County, DuPage County, Kane County, and Lake County. I’ve noticed a dramatic rise in the number of Municipal Ordinance Violation cases throughout all of these counties. Many cities, towns and villages have established their own Municipal Violation Ordinance Courts which mainly impose monetary civil penalties upon violators that have become big sources of revenue for these municipalities. I’m seeing more and more cases being charged as Municipal Ordinance Violations rather than criminal cases in Circuit Court. This is especially true in Chicago, DuPage County, Kane County, and Lake County. I see the number of Municipal Ordinanve Violation cases increasing in the future

The rise in the number of Municipal Ordinance Violation cases has led to more and more clients calling me and asking me to explain what a Municipal Ordinance Violation is and what will happen when they appear in Court. Perhaps the most common question I get from clients is whether they need to hire a lawyer to handle their Municipal Violation Case. My advice is that you should have a lawyer representing you for a Municipal Violation Case. There’s several reasons for that so let me explain to you why you should have a lawyer with you for your Municipal Ordinance Violation case.

The consequences of being found guilty, or liable, for a Municipal Ordinance Violation are much less severe than the criminal penalties for a misdemeanor or a felony under state law. Typically, the consequences for a Municipal Violation involve paying a civil penalty, or a fine. A Municipal Ordinance Violation is generally not considered a criminal case. However, some of the conduct that could give rise to a Municipal Ordinance Violation charge can also be enough to charge you with a misdemeanor. For instance, if you shoplift from a store, the police can charge you with a Retail Theft misdemeanor. The police can also charge you with a Retail Theft under the Municipal Ordinance of the town in which the shoplifting occurred. This is a choice that’s made by the police officer or the prosecutor. So, if you try to shoplift and you receive a Municipal Ordinance violation ticket, instead of going to the Circuit Court for your case, you will have to go to the Village City Hall for a hearing before a Hearing Officer. Some towns hold their Municipal Ordinance Violation hearings at the local courthouse