COVID-19 - Law Offices of Andrew M. Weisberg

Are Technical Probation Violations in IL on Hold Right Now?

Law Offices of Andrew M. Weisberg — Tue, 26 May 2020 16:13:37 GMT

While probation offices across Illinois are closed or operating with fewer employees due to COVID-19, there may be a decrease in technical probation violations resulting in any real punishments.

For many years, criminal justice researchers have gathered a lot of data about whether or not punishments for non-criminal probation violations are helpful to anyone. With many probation offices changing the way they do things during the COVID-19 pandemic, that question is being asked again.

So what is the difference between a technical probation violation and a criminal one? What are some technical probation violations that are now being called into question?

Read on to find out.

Substantive Violation

A substantive violation of probation, also called a criminal violation, means that you commit another crime and are charged for it while on probation for another crime.

Any crime you commit, even if unrelated to the crimes you’ve already been found guilty of, is seen as a substantive violation of probation. You can be charged by the state for the new crime and face penalties associated with it in addition to penalties for violating probation.

Often, committing a crime while on probation means that you lose your probation and may go to prison to complete your original sentence.

Technical Probation Violations

When you have a technical violation of probation, it means that conditions set by a judge as a part of your probation were not met.

Some of the most common technical probation violations include not being where you’re supposed to be and your being where you’re not supposed to be and not paying proper fines and fees, among others. Below are some specifics.

Missing a Probation Appointment

You are required during supervised probation to meet regularly with your probation officer. Missing an appointment is considered a violation of probation and the probation officer can report it to the court.

Not Being Employed

Another common condition of probation is that you find a keep a job or enroll in school. Failing to this will put you in violation of probation.

Missing Court

During a probationary period, it’s not uncommon to have court hearings in front of a judge periodically in order to assess your progress. Missing these hearings is a violation of probation and is not looked upon kindly by the court.

Visiting People or Places You Should Not

Sometimes it can be a condition of probation to avoid certain places or people that may be associated with criminal activity. An example may be staying away from gangs or communicating with gang members.

Failure to Pay Restitution or Fines

Depending upon the crime you are found guilty of, you may be ordered to pay fines or restitution to victims as a part of your probation. Failing to do so is a probation violation.

Failure to Complete Community Service

Some people are ordered to complete a certain number of community service hours as a part of their probation. Failure to complete the set hours of community service is seen as a probation violation.

Consequences of Probation Violations

For technical probation violations, you will likely be required to appear in court in front of a judge to determine if you did violate probation and what consequences you may face as a result. The judge can:

Continue the same terms of your probation
Terminate probation without any further conditions
Modify your probation in a way that requires you to fulfill with additional requirements
Extend the term of your probation for up to five years
Rescind your probation and require you to service a prison or jail sentence instead

The courts may not be working as they normally would right now, but that doesn’t put your probation on hold. Remember to call your probation officer if you have questions or you’re experiencing issues with probation during this pandemic. They can be your biggest advocate!

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Police Crack Down After Spike in COVID-19 Domestic Violence Cases

Law Offices of Andrew M. Weisberg — Fri, 08 May 2020 17:16:17 GMT

The COVID-19 shutdown has affected Americans in many ways. Aside from (and possibly due in part to) the financial impact, there have been a number of other unintended side effects of this pandemic.

Across the nation, authorities are seeing a noticeable rise in domestic violence cases being called in. The spike in domestic violence reports is particularly worrisome to police because they believe the actual number of incidents may be far larger and going unreported.

While increased stress in the home is understandable right now, the facts remain the same. In Illinois, domestic violence is a serious charge, and the consequences for a domestic violence conviction can leave you dealing with long term repercussions.

How Does Illinois Define Domestic Violence?

Domestic violence varies from state to state as to whether it is a specific crime or an enhancement to established crimes such as assault.

In the state of Illinois, domestic violence is a specific and separate charge from other crimes. You may be charged when you commit an act of “abuse” upon any member of your household.

Abuse is defined by Illinois law as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.”

For the purposes of the law, household members are defined as:

family members related by blood
Spouses and ex-spouse
people who share or used to share a home
two people who share children regardless of marital status
people who are dating or used to date
individuals with disabilities and their assistants

What Are the Penalties for Domestic Violence in Illinois?

Domestic violence is a serious crime in the state of Illinois. The severity of the charge depends on the factors surrounding the case. If there are previous charges the crime becomes much more severe.

Domestic Battery

Generally speaking, the criminal charge for domestic violence is domestic battery and aggravated domestic battery. Most civil domestic violence cases typically deal with emotional harm caused to a victim.

Domestic battery is a class A misdemeanor in the state of Illinois. The penalty for a class A misdemeanor is a jail sentence of no more than 1 year and/or a fine not to exceed $2,500. Probation and court-mandated counseling may also be required.

If a person has previously been charged with domestic battery, the charge is elevated to a class 4 felony. The punishment for a class 4 felony is between 1 and 3 years in prison and/or a fine not to exceed $25,000.

Aggravated Domestic Battery

The crime of aggravated domestic battery is considered a class 2 felony in Illinois. The penalty for a class 2 felony is between 3 and 7 years in an Illinois state prison and/or a fine not to exceed $25,000. Court-mandated counseling or probation may also be required in certain circumstances.

If a person has a previous aggravated domestic felony conviction, the penalty increases. For multiple offenses, the potential prison sentence increases to no more than 14 years.

Other Consequences of Domestic Violence

Other potential repercussions lie beyond the simple punitive measures of a domestic violence record. You could face a restraining order placed against you, and/or lose certain privileges and rights.

Depending on your line of work, domestic violence and domestic battery charges on your record are often associated with difficulties in finding employment.

If a relationship involves children and winds up in a custody battle, it may also become difficult for the offending party to win a custody dispute with a domestic violence charge, according to newer domestic violence legislation in Illinois.

How the Stay-at-Home Order Could Land Some Chicagoans Criminal Charges

Law Offices of Andrew M. Weisberg — Tue, 05 May 2020 04:21:36 GMT

A majority of Chicagoans are spending most of their days indoors thanks to the unprecedented stay-at-home order. Living through this quarantine order can be stressful and this tension can cause some people to make decisions they may not otherwise – decisions that can have legal consequences.

If you find yourself in a dispute with a neighbor because you’re now constantly at home due to the stay-at-home order or taking actions you normally wouldn’t due to boredom or stress, then it’s important to learn more about property crimes in Illinois. You certainly don’t want to find yourself unwittingly facing criminal charges for something you didn’t realize would have significant legal ramifications.

How Does Illinois Define Damage of Property?

Criminal damage of property in Illinois is defined as when someone damages the property of another knowingly and without the owner’s consent. This doesn’t only apply to taking a hammer to your neighbor’s favorite garden statue but can also to behaving recklessly with explosives such as fireworks or shooting at empty buildings. It can even apply to the animals owned by another person, such as hurting your neighbor’s dog because it was barking too much and annoying you.

Specific Types of Damage to Property in IL

There are a variety of violations that can be classified as criminal property damage. Some of the more specific examples of property crimes include:

Possession or Use of a Noxious Substance

You may think it’s funny to sneak a stink bomb into the basement of an annoying neighbor, but it can be a criminal act. Putting a stink bomb on someone else’s property without their consent is a property crime.

Criminal Mischief

Criminal mischief occurs when you intentionally damage something owned by someone else that you had no right to damage.

Criminal Tampering

If you were to intentionally impair or interrupt a public utility, such as water or power, then that would constitute a property crime.

Illinois Charges Associated with Criminal Property Damage

Often the charges you face for criminal property damage are in line with the dollar amount of damage done to the property. For example:

Class A Misdemeanor

If the damage or destruction to property is $300 or less, then you’ll likely face a Class A misdemeanor. This carries a punishment of up to a year in jail and a fine up to $2,500.

Class 4 Felony

For property damage crimes valued at more than $300 but less than $10,000, you can be charged with a Class 4 felony. This also applies if the property damage took place at a school, was inflicted on farm equipment, or occurred at a place of worship and the damage done was less than $300. Punishment for this level of a felony is between one and three years in prison as well as a fine up to $25,000.

Class 3 Felony

Class 3 felonies are applied when the property damage is determined to be more than $10,000 but less than $100,000. For farms, schools, and places of worship, you can be charged with a Class 3 felony is the damage was between $300 and $10,000.

The potential penalty for this class of felony is between two and five years in jail and a fine up to $25,000.

Class 2 Felony

This felony is faced if the damage valued at more than $100,000 or it took place at a school, farm, or place of worship and is valued at $10,000 to $100,000. It can result in between three and seven years in prison as well as a $25,000 fine.

Class 1 Felony

Property damage over $100,000 to a school, place of worship, or farm can result in four to 15 years in prison and a fine of $25,000.

If you find yourself bored at home, then try starting a new project on your own property instead of tampering with the property of someone else. Or better yet, Zoom with a friend to help reduce stress and boredom.

Store Owners Beware: IL Governor Addresses Price-Gouging

Law Offices of Andrew M. Weisberg — Sat, 02 May 2020 21:43:22 GMT

The recent COVID-19 pandemic has highlighted that even in a time of crisis some people are interested in profit — at the expense of others’ misfortune.

Reports of companies and individuals price-gouging, among other white-collar crimes, abound. You are probably already aware that items being hardest hit include toilet paper, hand sanitizer, surgical masks, and other necessary medical equipment.

Since the initial outbreak, Illinois officials have reported over seven hundred calls from people complaining of price-gouging. And the Governor of Illinois has responded personally.

An executive order has been issued to combat the situation. It extends the current law to cover those hard-hit items currently targeted for price-gouging during this pandemic.

The Current Price-Gouging Laws on Illinois Books

The state of Illinois has very specific laws regarding price-gouging that were put into place to protect consumers for exorbitant petroleum pricing. The law defines price-gouging as:

“During any market emergency, for any petroleum-related business to sell or offer to sell any petroleum product for an amount that represents an unconscionably high price”

There’s a lot of leeway in a law that uses such a subjective concept as “unconscionable,” but we know for sure it didn’t cover the items named in today’s complaints.

Because these laws only cover petroleum-related businesses, consumers have had no protections in place during the COVID-19 pandemic. This has led opportunists to try and make excessive amounts of money off of the crisis.

The Governor’s Executive Order Bridges the Gap

The executive order is meant to bridge the gap between the current law and issues currently affecting the citizens of Illinois. It is likely that this is temporary and a more complete bill will be passed later to enhance consumer protections.

House Bill 2882 Addresses Pharma

One such bill that is making its way through the legislature is House Bill 2882. This bill expands price-gouging to include manufacturers and wholesale drug distributors and states that they are prohibited from charging high prices on essential off-patent and generic drugs.

More Comprehensive Legislation Expected

The latest executive order, combined with HB 2882, points to the fact that a more comprehensive bill to reform price-gouging laws in Illinois could be on its way. If such a bill were brought forth, it would likely include provisions covering food, medical supplies, and essential consumer goods such as toilet paper.

What Future Price-Gouging Legislation Could Look Like for IL

Today’s crisis will likely be the basis for determining how to best expand current price-gouging legislation in this state. We imagine legislators will look to other states which currently have more robust price gouging laws in place for ideas.

Here are some of the official provisions from across the country.

Idaho Price-Gouging Law: “Fuel or food, pharmaceuticals, or water for human consumption at an exorbitant or excessive price during a declared state of emergency”

Kansas Price-Gouging Law: “For any supplier of a “necessary property or service” to “profiteer from a disaster” by charging 25% or more than the pre-disaster price for such goods/services.”

Maine Price-Gouging Law: “Selling or offering for sale “necessities at an unconscionable price” when there is an abnormal market disruption”

Michigan Price-Gouging Law: “Charging the consumer a price that is grossly in excess of the price at which similar property or services are sold — regardless of whether there is a declared emergency.”

It is likely that a new price-gauging bill in the state of Illinois would follow in the footsteps of these other states, and consider the provisions they have each made when crafting its own legislation.

The bills would most likely cover a wider range of goods which are deemed both necessary and important during a state of emergency.

In the meantime, the most recent executive order does provide additional and much-needed protections. Business owners beware, if you do not adhere to these requests or are inadvertently violating them, you could wind up needing legal advice.

Penalties for Price-Gouging Offenses in Illinois

This white-collar (or “victimless”) crime usually lands an offender with charges of unfair business practice.

Consequences of conviction based on the petroleum-related laws often encompass an order for restitution to be paid to victims and civil penalties. Additionally, your business could be fined up to $50,000 per violation.

As it stands, the new executive order is currently allowing the enforcement of fines of up to $10,000 per violation. A single sale could qualify as a violation.

If you’ve sold multiples of an item in question at a price the court believes to be exorbitant, you could face far heftier penalties — something no Illinois business owner wants to wind up paying.