When the police arrest you, you are not automatically considered [...]
The requirement for probable cause before police make an arrest [...]
If you have been convicted of a crime and received [...]
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Friday, December 1, 2017.
Every day in illinois, cell phone towers track the whereabouts of users as they go about their daily travels. Wireless providers store this location data, and the Supreme Court of the United States has begun to hear oral arguments about how police can access that information. An attorney from the American Civil Liberties Union argued before the justices that law enforcement should not have been able to access the location data used to convict a man of theft without first getting a search warrant.
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Monday, November 6, 2017.
A number of studies has revealed that black people in illinois are much more likely to be arrested by the police than white individuals even though they are no more likely to commit crimes and make up a much smaller percentage of the population. A new study reveals that the disparate treatment based on race extends into the court and criminal justice system as well. Black people are likelier to receive harsh sentences than are their white counterparts even if they have similar records and have committed similar crimes.
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Monday, July 24, 2017.
A Chicago judge ruled on July 17 that defendants who are not considered to be dangerous do not have to remain in jail while awaiting trial if they cannot afford bail. In a statement, the chief judge of the Circuit Court of Cook County, which includes the city of Chicago, said that defendants should not be punished simply because they do not have financial resources to pay bail.
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Saturday, June 10, 2017.
Packed court dockets and crowded jails could lead to delays in processing cases in illinois. The Sixth Amendment to the U.S. Constitution anticipated the problem of people potentially languishing behind bars without a conviction and installed guarantees to a speedy trial decided by an impartial jury.
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Monday, May 22, 2017.
illinois residents may have heard of various types of internet-based crimes such as using phishing to try to get someone's personal information. Activities like this fall under the larger umbrella of internet fraud.
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Thursday, May 11, 2017.
Media outlets in illinois have reported that a 51-year-old man was sentenced to five years in prison for burglary and theft on April 28 after a DuPage County judge was unconvinced by his vow to change his ways. The man was cited twice for contempt of court for his outbursts during a contentious and lengthy trial, and he observed his sentencing hearing and learned of his fate from the confines of a soundproof booth. The man will serve nine months in the DuPage County jail for the two contempt of court convictions after completing his prison sentence.
On behalf of Timothy P. Martin of Martin & Kent, L.L.C. posted in Criminal Law on Wednesday, May 3, 2017.
illinois, like most states, requires first-time DUI offenders to have ignition interlock devices fitted to their vehicles. Many road safety advocates believe that these devices can deter repeat drunk driving and save lives, and a new study from the Colorado School of Public Health and the Johns Hopkins Bloomberg School of Public Health seems to add weight to these arguments. The study, which was published in the April 2017 edition of the "American Journal of Preventive Medicine," suggests that the number of drunk driving accidents falls by 7 percent when mandatory ignition interlock laws are put into place.