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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 Posted on September 11, 2018 in Criminal Defense

Facing criminal charges can be a truly scary prospect. The process for how these charges are handled might seem tricky and confusing, but if you know the timeline and what to expect, it can ease your worries – at least a little. While every case is different and should be considered independently, there is a general framework of how the system works in Illinois. The following includes a general timeline of criminal charges in Illinois that you may encounter when facing the criminal justice system with the help of a skilled attorney:

The Offense and Arrest

A charge cannot be made unless a person is reasonably suspected of committing criminal activity. This suspicion may be determined through an extensive police investigation into an individual’s activities or through something as simple a traffic stop. However, the police must have probable cause in order to make an arrest. After being arrested, a suspect must be read their Miranda rights, informing them that they have the right to remain silent and contact an attorney.

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 Posted on September 06, 2018 in Criminal Defense

No one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is importantto notresista police officer makingan arrest. Resisting arrest in Illinois can result in additionalcriminal charges.

Resisting Arrest in Illinois

Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of peopleto whomthe statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.

Additionally, it is not just resistingan actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:

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 Posted on September 05, 2018 in White Collar Crime

The Federal Bureau of Investigation (FBI) defineswhite collar crime as crimes characterized by “deceit concealment, or violation of trust” that are also not “dependent on the application or threat of physical force or violence.” Usually, motivation behind a white collar crime is some type of financial gain. A common type of white collar crime is credit card fraud, and Illinois treats credit card fraud cases very seriously.

Credit Card Fraud in Illinois

There areseveralinstances in which a credit card fraud charge could be brought. Essentially, credit card fraud involves the improper use or possession of a credit card, whether it be your own credit card orsomeone else’s credit card. Examples of credit card fraud include:

• Using incorrect information or making a false statement in an attempt to receive a credit card;

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 Posted on September 04, 2018 in Orders of Protection

The state of Illinois takes the safety of its citizens seriously. The Illinois Domestic Violence Act allows a person who been abused or is in danger of being abused by a family member or romantic partner to request an order of protection against the abuser. There are several steps in the process of obtaining such an order and three different types of orders. If you have been the victim of domestic abuse, it is important to understand your options.

Emergency Order of Protection

The first type of protective order is called an emergency order of protection, or EOP. An EOP can be issued by a circuit court judge in the county in which the alleged abuser or victim lives or the county in which the abuse took place. The victim must petition the court for an emergency order of protection and provide testimony regarding the abuse. If the court determines that there is a credible threat to the safety of the victim, it may issue an emergency order of protection with prior notification to the alleged abuser. The court will also set a date for a hearing regarding a more permanent solution. The emergency order can remain in effect until that hearing or for up to a maximum of 21 days.

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