Being arrested for shoplifting can be a terrifying wake-up call, especially for first-time offenders who made a foolish mistake. While retail theft charges must be taken seriously, some first-time shoplifters may qualify for pretrial diversion programs that can lead to dismissal of charges. For the right candidates, diversion provides an opportunity to get your life back on track with an Illinois attorney.

What is Diversion and How Can it Help?

Diversion programs are designed to give alternatives to criminal prosecution for select defendants. With retail theft diversion, instead of going through a traditional conviction and sentencing, eligible shoplifters enter into agreements that impose certain requirements. By completing classes, community service, counseling, and restitution as required, you can earn dismissal of the charges.

Diversion provides a second chance. There is no permanent criminal record that could haunt future job or education prospects. Diversion helps first-timers avoid license suspensions, harsher future sentences, and other penalties a conviction brings. Most importantly, it gives you an opportunity to reflect on mistakes and make better choices moving forward.

In 2021, the Illinois General Assembly passed the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, which made a number of reforms to the state’s criminal justice system. Some of the most notable changes were known as the Pretrial Fairness Act, which eliminated cash bail for people who are arrested and charged with crimes. While this provision was originally meant to go into effect on January 1, 2023, legal challenges have been raised, and courts halted the implementation of these changes to the law. However, a recent ruling by the Illinois Supreme Court will allow the law to go into effect.

On July 18, 2023, the Illinois Supreme Court ruled that the Pretrial Fairness Act is constitutional. The court stated that the provisions of the law maintain the balance between the rights of criminal defendants and the rights of crime victims that is required by the Illinois Constitution. The stay on the implementation of the Pretrial Fairness Act will be lifted on September 18, 2023, and as of that date, cash bail will be abolished in Illinois.

Reforms Put in Place by the Pretrial Fairness Act

The new law has made a number of changes to the way pretrial detention will be handled in Illinois. One of the most significant changes is the complete elimination of cash bail. People who are arrested will no longer be required to make monetary payments to the court before they can be released. Instead of bond hearings, pretrial detention hearings will be held in which a judge may consider various factors to determine whether a person should be released into the community or held in confinement while awaiting trial. 

Incarceration, as a form of punishment and rehabilitation, has been a widely used approach in the criminal justice system for centuries. The primary objective of placing someone in jail or prison is to deter them from engaging in criminal activities in the future, protect society from potential danger from the individual, and provide an opportunity for their rehabilitation. When it comes to incarceration as a way to prevent drug addiction and the crimes associated with addiction, there has been much debate on its actual effectiveness.

The Pros

One argument in favor of incarceration's effectiveness is that it serves as a deterrent to other people who may be considering committing crimes. The fear of incarceration and the loss of personal freedom may discourage individuals from engaging in criminal behavior. The threat of punishment can act as a deterrent factor, preventing some individuals from committing crimes. And since jailing an offender removes them from society, there is the added benefit of protecting the public from any potential harm from criminal acts the offender could engage in if they were still on the streets.

Incarceration can also provide an opportunity for rehabilitation. It can offer those sentenced to jail or prison access to programs and services that focus on addressing underlying issues that contribute to drug addiction and criminal activity. These programs often include counseling, education, vocational training, and substance abuse treatment. This rehabilitation aims to help the offender get sober and equip them with the skills and resources they need to reintegrate into society as law-abiding citizens.

If you are pulled over by law enforcement for suspicion of driving under the influence (DUI), it's crucial to handle the situation carefully to protect your rights and minimize potential consequences. The following are mistakes that many people make during the encounter that results in further legal trouble than the initial stop itself.

Admitting Guilt or Providing Incriminating Information

When interacting with law enforcement, it is important to remain calm and respectful, but you must avoid admitting guilt or providing self-incriminating information. You have the right to remain silent and can politely decline to answer any questions that may be used against you in court. It is advisable to provide only necessary information, such as your identification, and refrain from volunteering any additional details that could be used against you. Never admit to an officer you have had any alcohol. You should also not agree to let the officer search your vehicle. 

Agreeing to Field Sobriety Tests

You are under no legal obligation to submit to field sobriety tests. Defense attorneys know that these tests are very unreliable and are entirely up to the police officer’s judgment. There are also other factors that can interfere with a completely sober person’s ability to perform these tests and make it appear that they are under the influence.

If you live in Wisconsin, you are likely aware that the state has some of the strictest drunk driving laws in the country. A driver convicted of operating while intoxicated (OWI) faces serious consequences, including license suspension, high fines, and even possible jail time, depending on their past driving/criminal record and circumstances of the arrest. If you have been charged with drunk driving, make sure you have a skilled defense attorney protecting your rights.

What Is the Legal Limit in Wisconsin?

Under Wisconsin law, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher. The state also has a zero-tolerance policy for drivers under the age of 21. Any driver under 21 can be charged with OWI if they have a BAC of 0.02 percent or higher.

There are also different standards if you are a CDL holder. Wisconsin allows a 0.0 BAC percent for CDL holders. A conviction for a BAC of 0.04 percent can result in license suspension and more.