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February 2017 Archives

The tricks to contest a traffic stop

There are two kinds of vehicle stops, traffic stops, and checkpoints. At a checkpoint, you are not able to contest the validity of the stop except in rare circumstances. Checkpoints are not viewed as investigatory, they are classified as public safety and health initiatives, therefore, criminal protections do not extend to them (even though the practical effect is the same). But, you can contest a traffic stop. This post will go over the requirements for a valid traffic stop and how you can dispute them.

Unlimited detention for sex criminals ruled constitutional

A federal appeals court overruled a lower court ruling which invalidated the Minnesota civil detention program for sex offenders. The program was challenged as unconstitutional because it held people beyond the length of their imposed prison sentence. But, the appeals court disagreed and determined that the state, Minnesota, had an important public purpose in detaining sex offenders.

Guilty Pleas: are they ever a good idea?

Pleading guilty is a challenging endeavor, it feels like you are admitting that you did a wrong. But sometimes pleading guilty is a good choice. Most of the time the prosecutor will drop some charges, mitigate the sentence, or even allow you to enter a diversion program (to avoid criminal penalties). This post will go over the warning signs on when you should consider a guilty plea.

Overview of what you should know about drugged driving

Drugged driving is the new buzzword circling around police departments and DA's offices. There is a concern that as marijuana use becomes more widely accepted, it will also lead to an increase in rates of drugged driving. Comprehensive studies are still years away, but preliminary data from police departments do suggest an uptick in drugged driving arrests. This post will go over the changes in the law and on the ground as they stand now.

The law of gifting guns

There is a lot of popular rhetoric surrounding the legality of guns. You can buy them at stores but must submit to a background check. You can purchase them at trade shows but not in every state. It is enough to make anyone's head dizzy with conflicting information. In this uncertain atmosphere, do you even know if you can buy a gun for someone else? This post will go over the details of that question.

Serial rapists under the microscope at universities

Campus sexual assaults have dominated the news for the past couple of years. Numerous protests, high-profile cases, and botched investigations have led to numerous stories that all tell the same tale. The school failed to investigate, the victim was marginalized, and the offender was treated too lightly for the public to bear. The negative coverage may lead to overly aggressive prosecutions as investigators overcompensate. But, that does not deter research into the causes and perpetrators of sexual assault. This post will go over the latest study, as reported by the New York Times.

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February 2017 Archives | Naperville Criminal Defense Blog