Recent Blog Posts
School State Crime Database Not Being Utilized by Illinois Public Schools
Did you know that there is a rarely discussed state government database that tracks crimes occurring in the Illinois public school system? The School Incident Reporting System (“SIRS”) has been maintained by the Illinois State Board of Education (“ISBE”) and is legally required to provide information regarding assaults, batteries, and drug offenses that have occurred in all Illinois public schools. However, the lack of public awareness of the database is great, and many Illinois area public schools have not held up their end of the bargain when it comes to properly reporting instances of criminal activity occurring in Illinois public schools.
The NBC 5 Report on SIRS
NBC 5 Investigates in Chicago conducted an in-depth investigation of the SIRS. The investigation's findings were daunting regarding Chicago area and suburban schools inactivity in reporting criminal activities occurring in Illinois public schools. It was found that less than a third of Chicago area schools have reported incidents of criminal activity. This is a big issue because further investigations of reports submitted to SIRS by Cook, Kane, McHenry, Will, and DuPage counties found over a thousand reports of drug activity, gang violence, and other assaults against school personnel and students. These facts indicate that there is a lot of violence and other criminal activity occurring in Illinois public schools of which parents are not aware.
State Audit of Illinois Anti-Violence Program Finds Great Problems
In 2010, during Gov. Pat Quinn's reelection campaign, the Illinois Anti-Violence Program (“IAVP”) was created. Known officially as the Neighborhood Recovery Initiative, the program was created with the lofty goal of reducing violence throughout Chicago and Cook County via job placements, school counseling, and parenting skill training aimed at those most at risk for violence within the community. At the end of February, Auditor General William Holland conducted an extensive investigation of the program, finding that it had been “hastily implemented.”
Goals of the Illinois Anti-Violence Program
The purpose of the IAVP was to foster anti-violence prevention in Cook County by targeting those most affected by violence, as well as those perpetuating violence throughout local neighborhoods. The program, which cost $54.5 million over two years, was intended to crush gang violence prevalent throughout certain Chicago communities. The IAVP's specific focus was youth ages 16 through 24, and provided traditional summer programs and other forms of community outreach.
Medical Marijuana and the Gun Control Debate Take an Interesting Turn in Illinois
The firearms debate in Illinois has taken an interesting turn. The federal government's stance that a person should not both legally hold a firearm, while also having a prescription for medical marijuana, has recently appeared in Illinois' most recent draft of medical marijuana regulation. The criminal law attorneys here at the Law Offices of Cosmo Tedone and Barbara Morton, P.C. are carefully watching the implications of this interpretation, and its possible effect of criminalizing those medical marijuana users who are also legal gun owners under state law.
The Medical Marijuana-Firearm Debate
Additional Rights to Come for Same-Sex Couples in Illinois
Under Connecticut state law, same-sex couples are already afforded the same rights as their heterosexual counterparts. Now, the United States Justice Department's new guidance on how federal employees should treat and consider same-sex couples presents new rights for same-sex couples in Connecticut, as well as throughout the rest of the U.S.
The U.S. Justice Department's Announcement
In 2013, the landmark decision reached by the U.S. Supreme Court in U.S. v. Windsor struck down section three of the Defense Of Marriage Act (“DOMA”), which defined marriage as only between a man and a woman. The Justice Department has now released guidance on how the outcome in Windsor should be interpreted and carried out at the federal level.
Implementation of Illinois' Concealed Carry Law Raises Concerns
In 2013, Illinois passed the Family and Personal Protection Act, a concealed carry firearm law. The law requires Illinois residents to submit an application to the Illinois State Police Department for permission to legally carry concealed firearms in the state. Such permits are ultimately awarded by the state sheriff's department, and require that applicants be at least 21 years of age or older. Applicants must also have completed a 16-hour training course in order to be considered for a permit. Implementation of this law has already been criticized as being extremely lax, and thus not fulfilling the legislative intent evident in its passing.
Cook County Sheriff Tom Dart has made some startling revelations regarding the current implementation of Illinois' Concealed Carry Law. It has been reported that 12 people who received permits under the new law had extensive criminal backgrounds that include orders of protection, as well as an arrest for a threat to kill an Illinois law enforcement professional. The bigger picture has not delivered more desirable results. Since 2014, of the 9,349 Cook County citizens who submitted applications for concealed carry permits, Dart's office discovered that 300 of these applicants had extensive criminal records that included sex crimes, gun crimes, gang involvement, domestic violence, and other comparable violent crime convictions. Two hundred and ninety-five of these applicants were approved by the Illinois State Department to receive a concealed carry permit before their applications were submitted to the Cook County Sheriff's office for final approval.
Representatives Argue for Lower Drug Penalties in Illinois
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Illinois Credit Card Fraud Charges
Credit and debit card fraud schemes are a hot topic in the news lately with breaches at major department stores. Illinois officials are on the alert for fraudulent activity as well after two Bolingbrook men were recently arrested for credit card fraud involving spoofed computer addresses and purchased of electronics. Being accused of credit card fraud in Illinois is a serious matter requiring input from an Illinois criminal defense attorney. If you have been charged with fraud, your first step should be to contact a lawyer.
Criminal offenses regarding credit card and debit card fraud in Illinois include false statements to obtain a card, possession of another person's debit or credit card, possessing another individual's lost card, sale of another person's debit or credit card, using counterfeited cards, usage of an altered card, or any behavior involving account numbers or cards with the intent to defraud.
Illinois Stopped School Buses and Traffic Violations
There are serious consequences if you are accused of illegally passing a stopped school bus. With the majority of children hurt or killed in transportation to school sustaining injuries outside of the bus itself, Illinois authorities and courts are always on the watch for traffic violations near school buses.
For a first offense, you will receive a minimum mandatory fine of $150 and have your driver's license suspended for three months. If you have multiple offenses within five years, the mandatory minimum fine increases to $500 alongside a one-year suspension of your driving privileges.
Sadly, children can be hurt or killed anytime they are loading or unloading the school bus. When a school bus is stationary with a stop arm panel extended and flashing lights, motorists in Illinois are required to stop and wait until children have finished loading onto the bus or disembarked safely from the bus.
Off-Duty Cop Charged With Hit and Run Sentenced to One Year Supervision
An off-duty police officer who had been drinking when he slammed into a cyclist on the West Side last year was sentenced “to a year's court supervision and 30 days community service” in early March, according to the Chicago Tribune. Michael Bergeson, 33, was found guilty of failure to give information and render aid after the accident that left Nina Pilacoutas bleeding on the road. According to a statement Pilacoutas made, Bergeson “hit me with a truck and left the scene while I was bleeding heavily from my head… [he] is a coward and does not deserve to wield a badge,” reports the Chicago Tribune.
Bergeson was not sentenced to serve any time behind bars for the accident—a fact both Pilacoutas and her mother, Therese Fitzpatrick, say would not be the case if he was not an officer. The Tribune reports that Bergeson originally stopped and called the police from his cell phone when Pilacoutas was hit and thrown “briefly onto the hood of the pickup,” but prosecutors alleged that the cop drove off when he heard sirens from an approaching ambulance. “But his front license plate had been knocked off in the crash and was found by police, allowing them to identify him,” reports the Tribune.
Illinois Cracking Down on Revenge Porn
Revenge porn involves the online posting of intimate and/or pornographic photos and videos of another, without that person's consent. Though this would seem like an obviously illegal act, many states have failed to keep up with the times, and have yet to codify laws that criminalize such abhorrent acts. Luckily, here in Illinois, some changes seems to be coming when it comes to the criminalization of revenge porn. A new bill was introduced by Illinois State Sen. Michael Hastings in order to make the posting of revenge porn a felony under state law.
Why Revenge Porn, and Why is it Legal?
Revenge porn is the online posting of intimate videos and photos of people in compromising situations. It can be just as the name implies, a means for exacting revenge against another, perhaps a ex-lover or friend. Some posters find it quite hilarious, and the fact remains that there has yet to be any significant legal punishment or ramification for most of these actors. Even worse is that fact that there are websites specifically devoted to providing a platform for posting revenge porn, and to also make it easily accessible to viewers throughout the world.
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