Posted on November 05, 2018 in Criminal Defense

A suspect thought to be targeting and shooting random people in Loyola Park near Chicago is believed to live in the area after a surveillance camera spotted him walking down the street masked in black. Police believe that the man who has killed two people in the past two days has a distinctive way of walking and running, as the video surveillance points out. Police say that he walks with his feet pointing outwards, or duck-footed. While video does show the distinctive characteristic, the problem with relying heavily on this type of information is that it could lead to the arrest of the wrong person. Many people walk with their feet pointed outwards, and because the suspect’s face is fully covered, no other characteristics are visible other than his gait. Surveillance footage is typically grainy, the suspect in the footage may be in the background or partially out of the frame, and the angle of the camera may cause distortions or irregularities. On top of this, surveillance footage is often overly relied upon by jurors and is sometimes considered foolproof evidence that the defendant committed the crime.

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 Posted on November 03, 2018 in Domestic Abuse

Domestic violence affects every gender, race, and income level. Sadly, abusive relationships can happen to anyone. Many people are fully invested in a romantic relationship before they realize that it is becoming abusive. This can make it even more difficult for victims of domestic violence and abuse to leave these relationships. If you are in a relationship you think may be abusive, read on to learn about some of the first signs of domestic violence in romantic relationships.

Domestic Violence Defined

Although domestic violence can involve non-romantic close relationships like parent-child, domestic violence at the hands of a romantic partner is the most common type. Also called intimate partner violence, domestic violence includes behaviors that hurt, scare, threaten, or prevent a partner from being independent. It can involve physical and sexual violence, intimidation, emotional or psychological abuse and financial exploitation. Many abusive individuals may seem charming and loving at the beginning of a relationship, but then start showing their true colors.

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 Posted on October 31, 2018 in Child Abuse

Child labor laws have come a long way since the beginning of the 20th century, when millions of children throughout the U.S. worked in factories, in plants, and on the street. According to the Bureau of Labor Statistics, one out of eight children was employed in 1870. By 1900, one out of five children was employed. Nowadays, it is rare that a child under 15 years of age is employed, aside from farm work or normal chores.

Why Do We Need Child Labor Laws?

In the past, U.S. children were taken advantage of as “employees.” They were abused physically and emotionally, they were not given fair wages, their working conditions were atrocious, and most importantly of all, they were not allowed to be children. A child with a 10 or 12 hour work day, which was not uncommon in the early 1900s, would, of course, have no time or energy to devote to education, play, rest, or happiness. Child labor is still a large problem in third world countries, with one in four children between the ages of five and 17 working in sub-Saharan Africa, according to UNICEF.

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 Posted on October 30, 2018 in Criminal Defense

If you are a professional driver, your commercial driver's license (CDL) is probably one of the most valuable documents you have. Without it, you cannot legally do your job and may suffer significant financial hardship. Getting a CDL is not something just anyone can do. As a CDL holder, you are held to a higher standard of driving conduct than those with standard driver’s licenses. If you are a professional driver in Illinois or hold a CDL for other reasons, it is imperative that you understand your rights and responsibilities. Read on to learn how traffic violations can put your commercial driver’s license at risk and what to do if you have been charged with a traffic violation.

Laws Are Stricter For Commercial Drivers

Most people with a CDL are tasked with transporting others or operating large vehicles like tractor-trailers, flatbeds, box trucks, buses, or dump trucks. Larger vehicles can obviously do much more damage than average-sized vehicles when operated in an unsafe manner. CDL holders have a greater responsibility to operate their commercial motor vehicle in a manner that protects the safety of pedestrians and other drivers. Consequently, commercial drivers face more severe punitive repercussions when they do commit a traffic violation. Traffic violations that could put your CDL in jeopardy include:

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 Posted on October 29, 2018 in Disorderly conduct

Disorderly conduct, 720 ILCS 5/26-1, may sound like a harmless offense-one that will result in nothing more than a few days of community service at the worst, but in reality, it can be a life-altering moment in a person’s life. Depending on the circumstances, disorderly conduct is a felony. Being found guilty could mean the end of your career, your social status within your community, your child custody or visitation rights, and more: your freedom. Disorderly conduct can result in one to three years in prison and a $25,000 fine.

What Were You Charged For?

The most common scenarios of a defendant being charged with disorderly conduct include the following:

• Being drunk in public-While it is not a crime in and of itself to walk down the street or sit in a bar while being intoxicated, acting in an overtly drunk, loud, obnoxious, or harassing manner is a crime. All it takes is a few too many drinks and a lapse in judgment to end up behind bars for the night, with a disorderly conduct charge looming in your future.

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 Posted on October 26, 2018 in Criminal Defense

One of the most serious traffic crimes is fleeing or evading the police. Bureau of Justice Statistics data reveals that one person dies every day during police chases. The penalties for fleeing law enforcement are founded on the sheer danger that fleeing or evading police has on other road users as well as the fact that if a harsh penalty did not exist, police would have a very difficult time arresting anyone. As such, fleeing the police results in a Class A misdemeanor and license suspension of up to six months for a first-time offense, up to 12 months for a second offense, and a Class 4 felony for third and subsequent offenses. A Class A misdemeanor is punishable by up to one year in jail, while a Class 4 felony is punishable by one to three years in state prison and a maximum fine of $25,000.

Definition of Fleeing or Evading Law Enforcement

According to Illinois statute 625 ILCS 5/11-204, fleeing or evading must have the following elements:

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 Posted on October 22, 2018 in Criminal Defense

The news cycle has been full of the phrase ‘obstruction of justice’ in recent months, but while it can be a crime that affects the highest officials in the country, it can also be a crime that an average person is charged with when they become involved in a criminal investigation. If you are less than truthful with law enforcement, you may wind up on the receiving end of obstruction charges if you are not careful, and the penalty can be quite severe.

No Physical Act Necessary

Illinois’ relevant statute defines obstruction of justice as willfully performing certain actions, such as concealing evidence or witnesses, or lying to police, with the intent to “prevent the apprehension of” or “obstruct the prosecution or defense of” any one specific person. In other words, if someone lies to the police or conceals or destroys evidence with the intent to stop a criminal case from going forward, they may (at least in theory) be charged with obstruction of justice.

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 Posted on October 19, 2018 in Juvenile Crimes

Breaking and entering has long been a sort of game for teenagers looking for a thrill. For example, teens in Colorado recently broke into a Colorado home, threw a party, and recorded it on Snapchat. Teens and younger adolescents may dare or encourage one another to break into abandoned homes, which may not actually be abandoned, schools, and other structures. However, breaking and entering, which is called burglary whether there was an intent to steal something or not, is a felony crime.

Residential Burglary and Possession of Burglary Tools

Under Illinois statute 720 ILCS 5/19-3, the elements of residential burglary include the following:

• Knowingly entering a residence (including a car, RV, boat, railroad car, or other structure) without permission;
• Entering or remaining in a residence for the purpose of committing a theft or other felony; or
• Misrepresenting oneself in order to gain entrance to a residence for the purpose of committing a theft or other felony.

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 Posted on October 18, 2018 in DUI/DWI

One-third of drivers arrested for drunk driving are repeat offenders, according to Mothers Against Drunk Driving (MADD). National Highway Traffic Safety Administration (NHTSA) data revealed that for some states, 47 percent of DUI offenders are repeat offenders. Ultimately, if you have already been convicted of one DUI, there a high chance that you will be charged with another. Moreover, after a second DUI conviction in Illinois, the penalties become much higher.

Aggravated DUI

An aggravated DUI is a serious offense - one that results in mandatory imprisonment or community service terms not being eligible for suspension or reduction. Additionally, aggravated DUI charges result in a minimum of 480 hours of community service or 10 days of imprisonment for those out on probation or conditional discharge. Aggravated DUI is charged when the offender was driving under the influence:

• In a school zone, while the school speed was in effect, and caused a crash resulting in bodily harm;

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 Posted on October 12, 2018 in Drug Charges

Having a hypodermic needle in your possession can land you in cuffs. This is due to Illinois’ Hypodermic Syringes and Needles Act, which makes it illegal for minors to be in possession of any hypodermic needles or syringes, and illegal for adults to possess hypodermic needles for the injection of controlled substances. Studies have shown that Needle and Syringe Exchange Policies (NSEPs) drive down HIV and other needle-transmitted-diseases, so why is possessing needles a crime, even if used for injecting drugs? Unfortunately, the logic of this law is as unjust as it is flawed, and is simply another criminal charge in the name of the war on drugs, tacked on increase overall prison time and incentivize defendants to take a quick plea deal.

What the Law Says About Needle Possession

Under Illinois statute 720 ILCS 635, it is illegal for anyone to possess a “hypodermic syringe, needle or “other instrument adapted for the use of controlled substances or cannabis by subcutaneous injection.” Adults are legally allowed to purchase dozens of syringes from pharmacies and possess up to 100 at any given time, so the mere possession of such a needle is not a crime. What makes the needle illegal is when it is used or intended to be used for injecting controlled substances, unless of course, you are a physician, nurse, or hospital worker performing your professional duties. A defense to this criminal offense is proving that the needle was used for another purpose other than delivering a controlled substance. Common reasons and medical conditions for using hypodermic needles and syringes include:

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