Recent Blog Posts

Prior theft case results in upgrade

Pfeifer & Pfeifer — Tue, 24 Apr 2012 14:55:00 GMT

A Florida man was recently charged with a felony after stealing a $1 soft drink from McDonald's. The man allegedly asked for a cup for water, but filled the cup with pop instead. McDonald's team members confronted him, and shortly thereafter, he was arrested. Because the man has a prior theft conviction, his petty theft was elevated to a felony charge. He now faces up to 5 years in prison for his soda pop switcheroo. Click here to read more about this case.

If you're thinking that this can only happen in Florida, think again: the law is similar in Illinois. In Illinois, theft is a Class A misdemeanor when the amount stolen is less than $500. A Class A misdemeanor has a possible punishment of supervision up to 364 days in jail. However, anyone convicted of theft who has been previously convicted of any type of theft is guilty of a felony theft, a Class 4 felony with a maximum punishment of 3 years in prison.

So, under the theft laws in Illinois, a person can theoretically be sentenced to 3 years in prison for secretly filling up that water cup with $1 worth of soda pop.

If you have any questions about theft laws in Illinois, please call Pfeifer & Pfeifer. The attorneys at Pfeifer & Pfeifer have substantial experience in the defense of theft cases.

Judge declares Illinois eavesdropping law unconstitutional

Pfeifer & Pfeifer — Sat, 03 Mar 2012 19:38:00 GMT

A Cook County trial judge has declared an Illinois eavesdropping law unconstitutional. The law prohibits anyone from making an audio recording of a police officer without his consent. The law has caused controversy in recent years with the advent of citizens using their camera phones to record police misconduct. A cell phone records both video and audio, which makes it unlawful in Illinois. A violation of the eavesdropping law is a Class 1 felony, carrying a punishment of 4 to 15 years in prison.

The State has vowed to appeal the judge's ruling, so the issue is not settled yet. When a trial judge declares a law unconstitutional, the State can appeal directly to the Illinois Supreme Court.

Click here to read more about this story.

Pot Legalization Gains Steam Across the US

Pfeifer & Pfeifer — Tue, 31 Jan 2012 21:40:00 GMT

Voters across the US are drumming up support for marijuana legalization. DUI laws would be amended, too, to include marijuana impairment.

Florida attorney general asks Supreme Court to reverse dog sniff ruling

Pfeifer & Pfeifer — Tue, 03 Jan 2012 20:47:00 GMT

The attorney general of Florida wants the U.S. Supreme Court to reverse a ruling in a dog sniff case. The Florida Supreme Court ruled that the police can not use a drug sniffing dog outside a person's home as a basis to get a search warrant. The Florida court said that using the dog outside the home violates the 4th amendment. Read more here.

Evanston decriminalizes pot, but don't forget about DUI laws

Pfeifer & Pfeifer — Fri, 02 Dec 2011 02:06:00 GMT

The City of Evanston made big news last week when the city council passed a measure to decriminalize possession of less than 10 grams of cannabis. In Illinois, state law makes possession of between 2.5 and 10 grams of marijuana a Class B misdemeanor, punishable by up to 6 months in jail and a $2500 fine. When the new measure takes effect, police officers in Evanston will have the discretion to issue a ticket for pot possession instead of making a full arrest. It's a win-win for both sides because the offender avoids a criminal record and faces only a fine, while the police can save time and resources for more serious offenses. By issuing a ticket, the officer does not have to bring the offender to the police station for booking, fingerprinting, mug shot, etc. Instead of being charged with a criminal complaint requiring a court appearance in the Second District Cook County Courthouse in Skokie, the offender would have to appear at the Evanston Civic Center to answer the charges.

While possessing a small amount of cannabis will no longer be a crime, it is important to remember that it remains a criminal charge in Illinois to drive under the influence of cannabis. In addition, many people may not realize that in Illinois, it is also illegal to drive with any amount of cannabis in the blood, breath, or urine. In other words, you do not have to be under the influence, or "high" on cannabis while driving to be charged and possibly convicted of DUI. Unlike alcohol which begins to be eliminated from the body shortly after it is ingested, and is completely gone by the next day, cannabis remains in the system for days or even weeks after it is smoked.

While the laws may be softening for cannabis possession, lawmakers continue to be tough on DUI cases.

The law firm of Pfeifer and Pfeifer has considerable experience in representing people charged with all criminal offenses including possession of cannabis and DUI. If you have been arrested for cannabis possession or if you have received a ticket for cannabis possession in Evanston, please call Pfeifer & Pfeifer if you have any questions or if you wish to consult with an experienced criminal defense attorney about your case.

New Website Helps Law Enforcement Identify Thieves

Pfeifer & Pfeifer — Mon, 26 Sep 2011 22:32:00 GMT

Law enforcement is now getting help from a private website to help identify people suspected of shoplifting, retail theft, robbery, and burglary. The website, IDThisPerson, contains various photos from businesses that allegedly depict people wanted for committing a theft of some kind. Some of the photos depict people in the act of more serious offenses, such as armed robbery. Visitors to the website can view the photos and if they recognize the person in the photo, the visitor can submit identifying information about that person.

If your photo appears on this website, you can benefit from the advice of an experienced Evanston criminal defense lawyer, such as a lawyer from Pfeifer and Pfeifer. Please contact us to schedule a confidential meeting in our office.

Eyewitness identification is powerful and often faulty

Pfeifer & Pfeifer — Sun, 28 Aug 2011 23:53:00 GMT

Steve Chapman, a writer for the Chicago Tribune, and a member of the editorial board recently commented on the flaws of eyewitness identification evidence used at trials. This kind of evidence is often considered some of the most powerful evidence against a criminal defendant. In most trials, eyewitness identification is what is key to a conviction. But in many cases, despite the witness's confidence in her identification of the defendant, the witness was 100% wrong. There are numerous instances when an innocent person is convicted based in large part on the identification evidence presented at trial.

Click here to read Chapman's op ed.

If you or someone you know is charged with a serious crime, call an attorney from Pfeifer & Pfeifer.

Arrested for DUI? Now what?

Pfeifer & Pfeifer — Wed, 17 Aug 2011 16:46:00 GMT

If you are reading this, there is a good chance that you or someone you care about has been recently arrested for driving under the influence, or DUI. After reading this, I expect that the task of finding and hiring a DUI lawyer will be less stressful.

When I meet with a new DUI client for the first time, I allow enough time for the consultation because DUI cases can be complicated. There is a lot of material to discuss including possible criminal sanctions and the potential negative impacts on the driver's license. You will help your lawyer if you have all of your paperwork that you received when you left the police station. Generally, you will have the following papers: tickets, bond receipt, Notice of Summary Suspension, and Warning to Motorist. You may also have with you papers relating to the towing of your car and possible impoundment actions taken by the city against you. If there was an accident, you should have a copy of the accident report. I like to see all of the paperwork to get as good an idea as possible about what happened.

Bear in mind that although you have several papers, there are other things, too. For example, there are police reports, videos, lab reports, equipment logs, etc. Once your lawyer has these things, he or she will go over them with you.

After telling me your side of the story, you have an opportunity to ask me any questions you have. For example, you may have questions about what the impact will be on your driver's license as well as questions about what can happen to you if you are convicted.

I will also tell you what our fee for defending you will be and discuss any questions you have about our fee, including payment arrangements.

You will be best served in choosing a lawyer that has the qualities that matter to you. It's a good idea to interview different lawyers, but don't just shop around for the cheapest one, or you might not be happy with the results. Find a lawyer that you feel comfortable working with. Most of all, when it comes to DUI cases, you want a lawyer with experience handling DUI cases and other criminal matters.

To schedule a private consultation, contact Pfeifer & Pfeifer at 847-864-5510.

Be careful who you spit on

Pfeifer & Pfeifer — Sat, 28 May 2011 16:18:00 GMT

This morning I asked my tough-on-crime wife what sentence she thought a person who spat on a jail guard should receive. She replied, "solitary confinement." When I told her that a man received 10 years in prison (in Illinois and not Malaysia), she was aghast. Then she went back to making french toast and completely forgot about it. This interaction sums up the situation with sentencing in Illinois: sure, the punishment may not fit the crime, but few people in society are out there clamoring for lighter sentences, especially for someone with a bad criminal background. Click here for the article about the case.

How in the world was this defendant able to receive 10 years in prison for spitting? First of all, spitting on someone is a battery which is defined as either harmful contact or contact of an insulting or provoking nature. In most cases, spitting on someone is in the insulting or provoking conduct category. Battery in Illinois is a Class A misdemeanor, punishable by up to 364 days in the county jail. When you spit on a police officer, however, that same act is now a Class 2 felony, punishable between 3 and 7 years in the Illinois Department of Corrections. So, how did he get 10 years when the maximum is 7? According to the news article, this defendant was sentenced as a Class X offender by virtue of having two prior convictions for Class 2 or greater (worse) felonies. On the third conviction of a Class 2, 1 or X felony, the sentence becomes a Class X sentence which is 6 to 30 years in prison.

Being a police or correctional officer is a tough job, and they should be protected, no doubt. They should not have to suffer from abuse. At the same time, the punishment ought to fit the crime. In this situation, 10 years is too harsh a sentence, regardless of the defendant's background. The problem is that the judge was completely in his right to give him the sentence because it was authorized by the law. Some may argue the judge was lenient for not giving the defendant 30 years in prison! When this case is heard on appeal, I would be very surprised if the sentence were to be reduced.

The people in Springfield ought to change the law and make it less harsh for a change. When it comes to spitting on somebody, the law should limit that behavior to a misdemeanor only. Unless a defendant is intentionally trying to transmit a disease he has, this behavior is insulting and provoking, but it isn't harmful. Aggravated battery cases should be limited to cases involving bodily harm only.

So, anyone willing to join me in the protest? I didn't think so.

New DUI driver's license revocation coming July 1, 2011

Pfeifer & Pfeifer — Tue, 17 May 2011 16:21:00 GMT

Effective July 1, 2011, your driver's license will be revoked if you refuse to submit to a breathalyzer test after an accident involving personal injury or death to another person. This is a big change from the current law. Currently, your license is only suspended if you refused testing in this situation. A suspension and a revocation are totally different penalties. With a suspension, you lose your driving privileges only temporarily. The length of time of the suspension depends your DUI history. With a suspension, after the time period is up, you get your license back after paying reinstatement fees. With a revocation, you lose your driver's license and you can't get it back just by paying a fee. After a revocation, the only way to get your license back is by petitioning for it to the Secretary of State. Ask someone who has been through that process and you will find out that it isn't easy. Some people never get their driving privileges restored after a revocation for a DUI.

Keep in mind that this law only applies to accidents involving death or serious bodily injury to another person. So far, the law hasn't changed with a DUI arrest that doesn't follow an accident.

Bottom line, under the new law, it will be possible to permanently lose your driver's license if you refuse to submit to a breathalyzer or other chemical tests, even if you are ultimately found not guilty of DUI.

Update - Stiff Sentence for Driving on a Revoked License

Pfeifer & Pfeifer — Fri, 11 Feb 2011 04:14:00 GMT

An Aurora man who was convicted of driving on a revoked license for the 17th time was sentenced today to 6 years in prison. He received the minimum sentence. The harsh sentencing range was due to the number of prior convictions he had for driving on a suspended or revoked driver's license.

Click here to read the article.

Beware of increased penalty for speeding in Illinois

Pfeifer & Pfeifer — Fri, 03 Dec 2010 21:41:00 GMT

Effective January 1, 2011, the punishment for speeding is going up again. Already on the books is a law that makes speeding more than 40 miles per hour over the speed limit a Class A misdemeanor. In other words, speed 40 over and you face a maximum penalty of a 364 days in the county jail. Coming January 1, speeding 30 over will be a Class B misdemeanor, carrying a maximum sentence of 6 months in jail.

Also effective January 1, the legislature has removed supervision as a possible sentence for speeding 40 over. In other words, if you are found guilty of speeding 40 over, a conviction is mandatory. A conviction on your record is permanent, and it prevents you from being able to expunge that case from your record, or any other arrest you may have.

Stiff Sentence for Driving on a Revoked License

Pfeifer & Pfeifer — Wed, 27 Oct 2010 15:23:00 GMT

An Aurora man was convicted of driving on a revoked driver's license for the 17th time on Thursday, October 21. As a result of the conviction, he faces a class X sentence which ranges from 6 to 30 years in prison. Probation is not a possible sentence for this offense. This story goes to show the level of seriousness of the crime of Driving on a Suspended or Revoked Driver's License. It may serve as a wake-up call for some people.

Many people do not realize that driving on a suspended or revoked license is a criminal offense. They might think it's a minor traffic violation. Many believe that they might face a fine if they are ticketed for this offense. Lots of people also don't realize that there's a difference between driving on a suspended license and driving without a license. They might think that they don't have to worry about getting a ticket for suspended license because they don't have a license in the first place. Unfortunately, this is careless thinking that will cause major headaches to someone who has been ticketed and charged with driving on a suspended or revoked license.

Illinois has several different laws that deal with unlicensed drivers. For example, there is: failure to carry or produce a license; driving without a license, and driving on a suspended or revoked license. They all carry different penalties if found guilty. And, a conviction for driving without a license can quickly cause a license suspension, which puts the driver in the next category on a subsequent traffic stop. For repeat offenders, a driver can actually face felony charges for driving, as we now see from the case of the man from Aurora. His sentencing date is scheduled for December 2, 2010.

For more information about the various driver's license violations and possible penalties, click here. For the article about the man from Aurora facing 30 years in prison, click here.

Kane County "Diversion Program" for domestic battery offenders

Pfeifer & Pfeifer — Fri, 15 Oct 2010 18:01:00 GMT

Kane County State's Attorney Steve Barsanti recently announced a new program that he believes will help both defendants and victims in domestic battery cases. His intent is well-meaning, however the execution of the plan is not what I would call a "diversion" program for criminal defendants because it requires the defendant to plead guilty. Diversion programs are a great way for law enforcement to help solve a problem, while at the same time ease overcrowded court dockets, and give defendants who have no criminal background a way to avoid a criminal conviction.

Frequently, following an arrest for domestic battery, the two sides make up. On the next court date, the complainant shows up in court and announces that she wants to drop the charges, and the case is dismissed. Sometimes, the complainant fails to appear on the trial date, which can result in the same outcome: a dismissal of the charges. A societal problem, however, arises when the complainant, who is a victim of repeated domestic abuse, only drops the charges because she depends on the defendant economically, or perhaps for child care purposes. She reluctantly drops the charges so her spouse or boyfriend can be released, although in reality, she fears further abuse by the Defendant.

Not all domestic battery cases involve constant abuse. There are many cases involving isolated incidents, not long patterns of abuse. And there are certainly times when complainants are lying about being battered.

Barsanti's "new" plan, according to a recent article, allows the Defendant to plead guilty to the charges, but have the charges later dismissed after completing certain obligations, such as domestic battery counseling.

A true diversion program, however, works because the Defendant does not have to plead guilty, or admit in open court that he committed the crime. Cook County has diversion programs, such as drug school where no guilty plea is required in order to participate in the diversion program.

Also, Cook County accomplishes the same goal that Barsanti has by, in a few, select cases, reducing a charge of Domestic Battery to a simple battery. The reason is that Illinois law does not allow a sentence of court supervision (not a conviction) for domestic battery. You can get supervision, however, on a simple battery. Therefore, if you get supervision and follow the rules, you can, eventually expunge that incident from your record. Time will tell how the Kane County program works.

Paris Hilton denied entry into Japan

Pfeifer & Pfeifer — Fri, 15 Oct 2010 17:57:00 GMT

Recently, celebrity Paris Hilton was not allowed into Japan following her conviction on drug charges. While you may not be as famous as Ms. Hilton, the story emphasizes the importance of expunging your criminal record whenever possible. In Illinois, certain convictions cannot be expunged, but some misdemeanor convictions can be sealed. On the other hand, many types arrests that did not lead to a conviction may beexpungeable. So, if you have an old arrest that you never expunged from your record, it may benefit you to consult a lawyer about expunging it. Expunging an old case can clear up your record for purposes of employment, and applying for college. It may also prevent hassles when travelling overseas.