By now you’ve probably seen at least one video where an employee is verbally or physically assaulted – or worse – by a patron after the employee tells them of the store’s mask policy. In the wake of the coronavirus pandemic, many large and smaller retailers are trying to do their part to slow the spread of their virus, and some individuals feel that a private business enforcing a mask mandate is a violation of their civil rights. Those patrons are free to choose to shop elsewhere if they don’t want to wear a mask, but what they aren’t free to do is assault an employee who is trying to get them to acquiesce to the store’s mask policy.

With a recent law change, Illinois has spoken up for worker protections and ensured that individuals who want to get angry over a mask policy will think twice about taking their frustrations out on an employee. Under the new law, anyone who commits assault or battery against a retail worker who is communicating a public health guidance will be charged with aggravated battery, oftentimes pursued as a felony here in Illinois.

Felony Battery In Illinois

Aggravated battery is the enhanced form of battery, and typically it involves great bodily harm, a weapon or is against a protected class of individuals, however, it’s worth noting that physical harm is not required for aggravated battery to exist. Actions taken in an “insulting or provoking nature,” can reach the level of battery, and if they occur against a retail worker, all of a sudden a felony charge may appear. In this instance, a retail worker communicating a public health guidance (like informing a patron about a mask requirement) is now considered a protected class of individuals. Therefore, any assault or battery of this individual can be charged under the aggravated form of the law.

DUI checkpoints catch hundreds if not thousands of drunk drivers in Illinois every year. But did you know that these checkpoints aren’t legal in every state? In today’s blog, we take a closer look at the legality of DUI checkpoints in the US and in Illinois, and we explain what you should do if you end up getting in trouble at a sobriety checkpoint.

Why Illinois Allows DUI Checkpoints

In order to understand that legality of DUI checkpoints, we need to take a closer look at a case that reached the United States Supreme Court back in 1990. In the case of Michigan Dept. of State Police v. Sitz, 496 U.S. 444, the legality of sobriety checkpoints came under question. The defendant in the case argued that these checkpoints were inherently a violation of a person’s 4th amendment protections against unreasonable searches and seizures. After all, police are essentially conducting a search of a driver without any reasonable suspicion that they may be in violation of the law.

In their ruling, the U.S. Supreme Court decided in a 6-3 decision that given the responsibilities accepted by a driver when they get behind the wheel, sobriety checkpoints did not violate a person’s right to be protected against unreasonable searches. However, the highest court in the country also stated that the legality of these checkpoints could be decided on the state level based on a state’s constitution.

If a friend or family member has been placed in handcuffs and loaded into the back of a police cruiser, your mind is probably racing thinking about what you can do to help them. This can become a hectic time, and if you take the wrong steps, it can really hurt their case, so it’s important to know what to do next. In today’s blog, we explain what you can do to help if a loved one has been arrested in Illinois.

When A Friend Or Family Member Is Arrested

If you witness a loved one getting arrested or you get a call from the police department saying they have been taken into custody, you need to take a moment and collect your thoughts. Once settled, here are some things you can do to help your loved one.

1. Call An Attorney – Arguably the best thing you can do for your loved one is to call an attorney and let them know about the situation. You probably won’t have all the details, but if you can, let them know what they are being charged with and where they are being held. The lawyer may be able to help secure their release and move forward with a case. Even if you don’t want to pay for a lawyer yourself, the lawyer may be able to secure someone’s release and then work out the financial side with the client. You’re not going to be on the hook for a massive bill because you called a lawyer for someone else, so while you may want to broach the subject of payment when you’re talking with the lawyer if you don’t intend to pay, know that you’re not putting yourself in a financial hole just because you reached out to a lawyer on someone else’s behalf.
2. Write Down What You Know – Depending on what you know about the situation, this may prove helpful before calling the lawyer, but either way, you’re going to want to write down what you know about the incident. If you were a party to the arrest, write down every detail about the situation. Where you were, who was there, what time it was and how the incident played out. Your testimony may turn out to be very important, and you’d be amazed at how quickly little details can fade from your memory. Writing everything down ensures you have a hard copy to reference if need be. If you weren’t a witness, writing down any information you received from your loved one can be helpful. When they were arrested, what they are being charged with, and where they are being held, for example.
3. Bail Options – Your loved one may be arrested, charged and released, while others may be held and given a bail order. If you are interested in posting bail for someone, make sure you understand your options. A bail bond company can help secure their release for 10 percent of the bail amount (you’ll pay 10 percent and this won’t be returned to you), or you can post bail yourself, and this will be returned assuming your loved one shows up to all their court appearances, even if they are found guilty. However, know that when you post bail for someone else, it technically becomes their property, so if you think that individual won’t pay you back the money you provided them, consider a different bail option.
4. Cool Off – Finally, depending on the situation, you may be very angry or frustrated with your loved one. If your son or daughter was arrested or your husband was picked up for drunk driving, odds are you’re going to be mad. There will be a time for punishment, but don’t react out of anger. Still act in their best interests. Contact a lawyer and talk about getting them out of jail, don’t just let them sit behind bars to “teach them a lesson.” Let’s focus on making the best out of the criminal situation before we move on to personal punishments or privilege losses. Don’t make their criminal situation worse because you were angry and worked against their best interests. We know you’re angry, but find a way to cool off before reacting, otherwise you can make things worse.

If you need help after a loved one has been arrested, give Brett and the team at Appelman Law a call today.