Posted on October 10, 2018 in Criminal Defense

Most people can remember the feeling of independence that came with getting their driver’s license for the first time. On the other hand, most can also remember the nearly overwhelming fear that took over the first time they were pulled over by the police. Being stopped for a suspected traffic violation is intimidating for many drivers, including those who have been driving for decades. Younger drivers, however, often experience even more stress when they are pulled over, leading to confusing and potentially dangerous situations. Fortunately, lawmakers in Illinois have taken steps to prepare young drivers on how to handle being stopped by the police.

Helping New Drivers Learn the Rules of the Road

Approximately two years ago, Illinois Governor Bruce Rauner signed a bipartisan measure requiring all driver’s education classes in the state to include a section on how to behave during a traffic stop. The bill’s timing coincided with a number of horrific, headline-making examples of traffic stops that escalated and spiraled out of control-some of them resulting in tragedy. The new law went into effect in 2017 and has affected driver’s education classes at public schools, private schools, and private training programs.

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 Posted on October 08, 2018 in Child Abuse

Over 25 years ago, a St. Charles couple decided to go on vacation to Mexico for nine days. They decided not to bring their children along, and while Home Alone II was playing in theaters, these two real-life parents left their nine- and four-year-old daughters home alone intentionally. They were arrested and their story gained national media attention, eventually leading to the creation of Illinois’ child abandonment law. Today, child abandonment is a serious criminal offense that can be penalized as a Class 4 felony, which carries a prison sentence of one to three years and a maximum fine of $25,000.

Characteristics Defining Child Abandonment

Illinois statute 720 ILCS 5/12-21.5 defines child abandonment as the following:

A parent, caregiver, or other guardian who currently has physical custody or control of a child under 13 years of age leaves that child without “supervision by a responsible person over the age of 14” for 24 hours or longer. This statute does not include those who legally relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. In order to determine whether or not the child’s mental or physical health or safety or welfare was disregarded, the following will be taken into consideration;

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 Posted on October 04, 2018 in Criminal Defense

When you are pulled over for violating a traffic law, it is only natural that you would want to get out of a ticket. While you probably know that you could contest the citation in court, the process of fighting the ticket often begins informally during the conversation with the officer on the scene. A conviction for a traffic violation could result in fines, higher insurance premiums, and other penalties, so not getting a ticket in the first place is the easiest way to avoid a conviction. Unfortunately, a police officer is unlikely to be sympathetic when you offer a poor excuse.

Excuse #1: "I Wasn’t Paying Attention"

Traffic laws exist primarily for the purpose of keeping drivers attentive and safe. If you tell an officer that you were not paying attention-to traffic lights, speed limit signs, or other drivers-you are basically admitting that you were not following the law. An officer is unlikely to cut you break for being distracted, and if he or she does, there is a good chance that you will still get a ticket for a lesser violation;

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 Posted on September 27, 2018 in Theft

Larceny, more commonly referred to as theft, occurs when a person knowingly obtains the property of another with the intention of permanently depriving the owner of their property, as per 720 ILCS 5/16-1. The degree of larceny or theft that an individual is charged with depends on the value of the property taken. Larceny charges do not include robbery, armed robbery, burglary, carjacking, or other crimes of violence, which are punished more severely than larceny offenses.

“Grand” larceny or “grand” theft is commonly thought of as the threshold between a misdemeanor and a felony charge, though in Illinois that language is not specifically used. Illinois law classifies various degrees of larceny on a scale described below, with the highest felony classification for theft being a Class X felony, which can result in decades behind bars.

• Class A Misdemeanor – The property taken is valued at $500 or less. Punishment includes a jail sentence of up to one year and a fine of up to $2,500.

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 Posted on September 25, 2018 in Criminal Defense

Prescription drug abuse is on the rise, and police and prosecutors are becoming increasingly vigilant about cracking down on those who they believe are breaking the law by using falsified prescriptions to obtain controlled substances. Because of the opioid epidemic, which has resulted from over-prescribed pain medications pushed by pharmaceutical companies and physicians, hundreds of thousands of Americans are looking for any means to get their hands on narcotics. Obtaining opioids by falsifying a prescription may seem safer than buying drugs on the street, but make no mistake-prescription forgery is a serious crime in Illinois.

What Illinois Law States About Prescription Forgery

According to 720 ILCS 570/406.2, a person commits prescription forgery (known as “unauthorized possession of prescription form”) if they have altered a prescription, possessed a form not issued by a licensed practitioner, possessed a blank prescription form without authorization, or possessed a counterfeit prescription form. Examples of prescription drug forgery include the following:

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 Posted on September 20, 2018 in DUI/DWI

In Illinois, we are lucky to be located near Lake Michigan and other smaller lakes that are sprinkled throughout the state. Nice weather often calls for days spent with family and friends on a boat. For most people, these fun activities often involve the enjoyment of alcoholic beverages. However, what most people do not think about is the potential that they may face criminal charges while driving or operating a boat under the influence of alcohol.

What Is Boating Under the Influence?

In Illinois, the same law applies to boating under the influence of alcohol as for driving under the influence (DUI). If you are operating a boat with a blood alcohol content (BAC) over .08%, you can be charged with DUI. Additionally, operating a boat under the influence of drugs can also result in a DUI charge.

Picture the vessel in which you suspect a person would get in trouble for boating under the influence. Is it a speedboat? A person can be charged with boating under the influence when operating any number of different vessels, including yachts, sailboats, personal watercrafts, fishing boats, etc. Do not get fooled into thinking you are safe from a DUI charge just because you are not on a speedboat on the lake.

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 Posted on September 18, 2018 in Domestic Abuse

Despite countless public education campaigns and social efforts, domestic violence and abuse continue to plague millions of families around the country, including many victims here in Illinois. Public awareness of the problem offers little consolation to a victim who is currently being terrorized in his or her own home or place of employment. That is why, in addition to taking steps to eliminating domestic abuse, it is so important to understand what your options are if and when you are being abused by an intimate partner or family member.

Get to a Safe Location

If domestic violence is part of your daily reality, you need to take action to protect yourself and, if applicable, your children. Depending on the circumstances of your situation, your best option may be to temporarily leave your home and to stay with a trusted friend or family member. Resist the temptation to let your abuser know where you have gone, even if the abuser is your child’s other parent. Your safety and that of your child must be your top priority.

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 Posted on September 18, 2018 in Sex Crimes

All criminal charges need to be taken seriously. That being said, because of the penalties associated with sex crimes, those facing these charges are encouraged to seek professional representation immediately. Individuals who are charged with or convicted of a sexual offense, such as sexual assault or possession of child pornography, are likely to have a negative reputation that can follow them around forever. The stigma around alleged sex offenders is so powerful that it can be hard to shake this bad reputation, even if the defendant has been cleared of all charges. In the event a defendant is convicted of a sex crime, the consequences can be even worse. Sex crime convictions can carry a host of consequences, including significant jail time and being listed on the sex offender registry for the rest of your life. As such, you need an aggressive defense attorney who can protect your rights and your reputation.

Suppressing Evidence

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 Posted on September 14, 2018 in Your Rights

If you are facing a criminal charge, this does not mean that you are not entitled to the same rights and protections afforded to other individuals in the United States, including the right to privacy. The Fourth Amendment to the Constitution affords citizens the right to be free from unreasonable searches and seizures. Search warrants are used to ensure that if a search is being conducted, then there is a legitimate reason and cause for conducting the search. There are exceptions to this rule, however. Recently, the Supreme Court of the United States upheld the right to privacy for suspects regarding warrantless searches.

Collins v. Virginia

In the case of Collins v. Virginia, the defendant was suspected of being in possession of a motorcycle that had been stolen. The motorcycle was parked under a three-walled enclosure that was covered with a tarp. This enclosure was located at the defendant’s girlfriend’s house. The house also had a traditional garage that could completely block the inside of the garage from outside view. The police suspected that this motorcycle was parked at the defendant’s girlfriend’s home and therefore went to examine the scene. Instead of obtaining a search warrant, the police officers proceeded up the driveway to where the motorcycle was parked under the tarp. The motorcycle turned out to be the stolen property they were looking for, and the defendant was arrested.

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 Posted on September 13, 2018 in Orders of Protection

Under an Illinois law, an order of protection may be issued by the court as a way to address concerns of domestic violence and domestic abuse. Orders of protection are also commonly sought by individuals going through divorce, as a way to legally separate themselves from their soon-to-be ex-spouse while the proceedings are still emotionally difficult and tensions are high.

Domestic Relationships

Illinois law provides that you can request an order of protection against a family or household member. An order of protection can also be filed against a person with whom you may have shared an intimate relationship, even if that relationship was in the past and/or was never legally recognized either by marriage or domestic partnership. An order of protection can also be filed against a blood family member or a family member related by marriage.

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