Madelyn Daley
Attorney at Law

US Local 618-509-9724

Belleville Criminal Defense Blog

New law modifies bail bond procedures in Illinois

One of the oldest procedures in criminal law is the cash bail bond, the procedure in which a judge orders a suspect held in custody unless they can post a bond in an amount specified by the court. The bond is posted as a condition of the suspect being released from custody. If the suspect leaves the jurisdiction or fails to appear in court when required, the cash posted to obtain release is forfeited to the state. While all cash bonds must be reasonable in their amount and terms, the procedure has a great deal of inherent unfairness, especially for those of little economic means. In its last session, the Illinois legislature passed a law that significantly changes the procedures for imposing cash bonds on non-violent offenders.

Perhaps the law's most striking feature is the requirement that a criminal defense lawyer appear to represent the suspect in the bond hearing. The law is intended to allow the release of defendants without requiring a bond if (a) the alleged crime is non-violent, (b) the defendant is not likely to flee, and (c) the defendant does not pose a reasonable threat to the community. Courts are now looking for other, non-monetary conditions that can be imposed on a suspect.

Defendant in potential capital case asks judge to recuse himself

Defense lawyers in a high-profile murder case recently filed a motion asking the judge to recuse himself and asking for a trial date in June 2019. The motions demonstrate the seriousness of the allegations against the defendant and also the complex issues faced by criminal defense attorneys in preparing such a case for trial.

The case involves the alleged kidnapping and murder of a professor at the University of Illinois. The victim was a Chinese woman who disappeared on June 9, 2017, while she was on her way to rent an apartment. Prosecutors allege that the woman had missed her bus and the defendant lured her into his car. Her body has never been found.

Drug investigation focuses on house in Troy neighborhood

A lengthy drug investigation has resulted in the arrest of the central suspect and an effort by Madison County to take possession of the house that has been allegedly used to facilitate a number of drug crimes.

The investigation began in December 2017 when Madison County law enforcement officials stopped a car for speeding near the house. A dog trained to sniff out drugs indicated that drugs were present in the car. Agents received information that drugs were being sold from the house in question, so the agents spent a month watching the house and its lone occupant. In January 2018, agents received a tip from a man who allegedly purchased methamphetamine from the occupant of the house once or twice a week. The man said that he owed the seller more than $20,000.

What were you doing before that breath test said you were drunk?

Did you know that not everyone who fails a breath test does so because of drinking alcohol? Your activities prior to an officer pulling you over could have a profound effect on the outcome of a breath test. That's because of a distinct flaw in the machines designed to measure the amount of alcohol in your system.

Breath-testing machines indirectly estimate your blood alcohol concentration, or BAC. It's true that they detect ethyl alcohol, but breath-testing machines also detect numerous other compounds with the same chemical makeup. Some machines are better than others are, but you never know what machine you will get.

East St. Louis man charged with two parking lot robberies

An East St. Louis man has been arrested for allegedly attempting to coerce shoppers at the Collinsville Crossing shopping center into giving him money on the pretext that he needed help with a disabled automobile.

In the first incident, police have accused the man of approaching a customer as he left a store on January 6 and asking him "Are you racist?" Receiving a negative answer, the suspect then told the shopper that his car was parked at a nearby gas station because it had failed to start. The shopper allowed the man to enter his car and began driving toward the gas station. According to police, the suspect somehow persuaded the driver to head for a tow yard in East St. Louis. Once reaching the tow yard, the suspect coerced the driver into withdrawing money from an ATM on the premises. The driver told police that he expected to be reimbursed, but, instead, the suspect got into another car and left the scene.

Alcohol suspected in wrong-way fatality on I-255

Three separate phone calls to emergency services failed to avert a wrong-way collision on I-255 near Godfrey, Illinois, on January 17. The multi-vehicle collision resulted in one fatality. The wrong-way driver is suspected of being intoxicated.

The man who was killed was driving north on I-255 when his car was struck by a southbound driver who was traveling in the wrong lane. Three people saw the wrong way driver and made calls to alert authorities. The last person to call was talking to the dispatcher when the collision occurred. After the initial collision, another car struck the car driven by the victim from behind. A police officer described the victim's car as having been "sandwiched."

Belleville Diocese priest charged with child porn crimes

The announcement of criminal charges against members of the Roman Catholic clergy are no longer surprising, but such charges still stimulate feelings of shock and disappointment. The recent lodging of criminal charges against an associate priest in the Belleville Diocese will undoubtedly cause much consternation among his parishioners.

Police began their investigation into the priest, who serves the Holy Childhood of Jesus Parish, St. Pancratius Parish and St. Liborius Parish, after they received an online tip. They began an online investigation and surveillance of the priest. The police also obtained a search warrant and executed it at the Holy Childhood Rectory. In searching the rectory, police allegedly found a number of electronic devices and several pornographic images of children allegedly younger than 13.

Portion of Illinois' implied consent law ruled unconstitutional

Illinois, like most other states, has a statute which requires drivers accused of drunk driving to consent to one of several blood alcohol content tests or face the loss of their drivers' license. The law is known as the implied consent law because all licensed drivers in the state are deemed to have impliedly given their consent to such tests by virtue of driving on state highways. If a driver refuses to give consent to either a breathalyzer, blood or urine test, they face an automatic suspension of their driver's license, but the DUI case goes forward without the results of blood, breath or urine tests.

In a recent case, the Illinois Court of Appeals considered the question of whether police can compel a drunk driving suspect to take a blood or urine test without first obtaining a search warrant. The case involved a driver who was suspected of killing a pedestrian and seriously injuring her daughter while driving under the influence. After the collision, police took the suspect to a nearby hospital and demanded that he provide blood and urine samples, relying on a statute that permits such warrantless tests if the officer has "probable cause" to believe that the driver was intoxicated.

2018 sees changes to criminal laws in Illinois

The criminal justice system often sees changes that impact laws, regulations, procedures and other areas that may affect people and policies. It can be difficult to keep up with the changes, and if you are facing criminal charges, you may wonder if any recent modifications could impact your particular case. Because having the right information could allow you to determine your best courses of legal action, you may wish to work toward ensuring that you have applicable knowledge.

With the start of the New Year, many people try to make changes, and this year, Illinois state legislators were no different. Numerous law changes will go into effect in 2018, and several of those alterations will impact certain aspects of the criminal justice system.

Belleville McDonald's robbed by 2 armed men

McDonald's drive-ins are popular places for parents and their children. On December 28, the McDonald's on Carlyle Avenue in Belleville also proved to be a popular place for two burglars who allegedly ran off with an undisclosed amount of cash from the restaurant. No suspects have been identified or arrested, but facts of the case could provide a fertile field for a criminal defense attorney.

The robbery began shortly before 5:30 a.m. on the Thursday after Christmas. According to employees who were interviewed by police, two men wearing masks and carrying handguns entered the restaurant and ordered everyone inside to lie on the floor. One of the men grabbed an employee and ordered her to open the safe in the restaurant's office. The other man remained with the employees who were lying on the floor as they had been directed.

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