Police can violate your Fourth Amendment rights in an Illinois criminal case when they conduct an illegal search or seizure. The remedy for violating these Constitutional rights is that some evidence may be suppressed and is not able to be used in your case. A court will throw out evidence that is considered the “fruit of the poisonous tree.” A Will County criminal defense attorney can review your case and determine whether to challenge any of the evidence at trial. 

Courts Will Apply an Exclusionary Rule

If a court determines that a search or seizure was illegal, they will not necessarily dismiss the case against you entirely. Instead, the prosecutor would need to proceed without using the illegally acquired evidence. Functionally, it could mean that the prosecutor would need to dismiss their case because they cannot prove it. For example, if drug charges against you depend on drugs that were seized in an illegal search, the prosecutor may not have any other evidence to use.

The Illegal Search Must Be Related to the Evidence Seized

The court would look to see if there is a causal relationship between the search and the evidence that is being challenged. This rule applies not just to the direct evidence, but any evidence that was seized as a result of the search. For example, if the wrongfully taken evidence leads police to other evidence, it would all be suppressed. The poisonous tree is the wrongful search, and the fruit is evidence that resulted from the tree.

While juvenile cases are typically a matter of Illinois law, there are times when the federal government may get involved in the juvenile justice system. The Department of Justice (DOJ) may investigate conditions at juvenile institutions and take action when necessary. Overall, the Special Litigation Section of the DOJ is responsible for protecting the rights of juveniles who are confined in detention. You can always report matters when you are concerned about the conditions a juvenile is experiencing. If you already have a juvenile defense attorney, they will know where to make a report. 

Civil Rights of Institutionalized Persons Act (CRIPA)

DOJ has jurisdiction to review and investigate conditions within juvenile justice institutions under CRIPA.  DOJ does not have the authority to act in response to an individual claim. The agency stresses that they do not have the ability to review cases of wrongful detention of an individual juvenile or the conditions that one person is facing. However, DOJ will determine whether there are systemic issues at a particular institution. If these issues exist, DOJ will send a letter to the state or local government, directing them to take certain steps as corrective action. DOJ and the local government would need to reach an agreement on how the local government will fix these issues. If there is no agreement, DOJ can file a lawsuit against the local government in federal court. 

Violent Crime Control and Law Enforcement Act

In addition, federal law prohibits a law enforcement agency, or any agent acting on their behalf, from engaging in a pattern of conduct that deprives juveniles of their Constitutional rights. Every has rights under the Constitution, including those detained in a juvenile justice institution. The federal government can take legal action when there is widespread misconduct at juvenile detention facilities, such as:

You do not have to have been arrested to know about the Miranda warning. Anybody who has watched a police television show enough times can probably recite it verbatim. However, many people do not fully understand what this warning means. Their Miranda rights are essential rights afforded to individuals who are arrested. If you or a loved one have been arrested for a crime, make sure you understand how these rights can affect the criminal case.

Right to Remain Silent

Anybody who is suspected of a crime has the right to remain silent. This right stems from our constitutional right to avoid incriminating ourselves. One of the best things that a criminal defendant can do if he or she is arrested is say nothing. Police officers will ask questions about the defendant’s whereabouts on a certain day, the circumstances of the alleged offense, or the defendant’s personal life. However, the best thing to do is to avoid answering any questions, regardless of how innocent they may seem.

Defendants often wrongly assume that cooperating with the police is the best thing to do if they are accused of a crime - especially if they did not actually commit the crime. Unfortunately, however, honesty is not always the best policy in a situation like this. Your words can be manipulated and misinterpreted. Just as the Miranda warning states, anything you say can be used against you.

If you or a loved one have been accused of a criminal offense, you may be unsure of what to expect next. Most people are only vaguely familiar with the Illinois criminal justice system. They are unsure of how a criminal case progresses or what steps are involved. Many people also have questions about plea bargaining. Plea deals, plea agreements, and plea bargains are all terms used to describe a situation in which a criminal defendant pleads guilty in exchange for some type of benefit. It is important to understand the potential advantages and disadvantages of accepting a plea agreement and when it is in a person's best interest to plead guilty to an offense instead of going to trial.

Examples of Plea Bargains

According to some research, a surprising 98 percent of criminal cases are resolved through plea agreements. Many prosecutors aim to get a criminal defendant to agree to a plea deal because it saves them the time and expense of going to trial. Illinois courts are often backlogged with cases and resolving a case through a plea agreement helps reduce this burden.

When an individual accepts a plea agreement, he or she pleads guilty to a criminal charge. In exchange, the prosecution may reduce the penalties faced by the defendant. For example, a defendant may be given community supervision or probation instead of jail time. In other cases, a person facing multiple charges is given the opportunity to plead guilty to one of the charges and get all of the other charges dropped. A plea agreement may also involve pleading guilty to a lesser offense. For example, suppose a defendant is facing felony charges for aggravated assault. The prosecution may offer a deal in which the defendant pleads guilty to misdemeanor assault and avoids the possibility of significant jail time and the lifelong label of being a felon.

Breath alcohol tests, or "breathalyzer tests," as they are sometimes called, measure the amount of alcohol on a person's breath. This information is used to calculate the person's blood alcohol concentration (BAC). Often, a police officer asks a person to take a breathalyzer test during a traffic stop because they suspect the person is driving under the influence. While breathalyzers are commonly used to measure BAC levels, they are not always accurate.

If you or a loved one were arrested for DUI, you might be able to get the charges dropped or secure an acquittal by challenging the validity of the breathalyzer test results.

Roadside Breath Tests Versus Evidentiary Breath Tests

One of the most common misconceptions regarding DUI traffic stops involves the breath test period most people are not aware that there are two different types of breath tests used by police officers in Illinois. The first is a roadside, preliminary breath test. This test is used to demonstrate probable cause for a DUI arrest. However, the results of this breath test are not admissible in court. After somebody is arrested for drunk driving, they are taken to the police station and given a second, more accurate breath test. This is an evidentiary breath test. The results of this breath test can be used in a DUI case.