Posted on July 09, 2018 in Juvenile Crimes

Juvenile crime should be taken seriously. Society does not want to teach young offenders that they can get away with whatever they want. However, there is a big difference in making sure that a young person knows whathe or she did was wrong and sentencinghim or her to life in prison. The Illinois Supreme Court has agreed to hear a case to determine when the length of a sentence is “too much” for juvenile offenders.

Specifics of the Case

Dimitri Buffer was sentenced to 50 years in prison at the age of 16; 25 years for murder and 25 years for the use of a firearm. Following this sentencing, the United States Supreme Court decided the case Miller v. Alabama. In the case, the Court found that mandatory life sentences for juveniles without the chance for parole amount to the level of cruel and unusual punishment. There is evidence that the human brain develops past the first 20 years of life. This can reduce a juvenile’s culpability and ability to access the dangers and wrongdoing associated with crimes.

Continue Reading ››

 Posted on July 06, 2018 in Criminal Defense

If you turn on any crime drama show, chances are you have heard a prosecutor or defense attorney utter the phrase, “you only have circumstantial evidence.” As a viewer of a television program, you might just hearthese words and not think about what circumstantial evidence is or the role it plays incriminal defense cases. Circumstantial evidence is not just a phrase you hear television lawyers throw around, however, but a real type of evidence that is at issue in criminal proceedings.

Direct vs. Circumstantial Evidence

There are two types of evidence that can be used in criminal trials. Direct evidence is actual physical evidence used to link a defendant directly to a crime. This could be a video surveillance tape, a fingerprint at the crime scene, or any other evidence that directly points to a defendant committing a crime.

Continue Reading ››

 Posted on July 02, 2018 in Criminal Defense

Most drivers have been guilty of bending the rules of the road at least a time or two. Perhaps they were running late for an important meeting, so they drove a few miles above the speed limit or only came to a rolling stop at a stop sign. Usually, minor traffic violations do not result in significant negative consequences for the driver and only bring a ticket and moderate fine. However, there are some traffic violations which can be quite serious and could even result in a felony charge or jail time. Reckless driving is one of these violations.

How is Reckless Driving Defined in Illinois?

When one hears the term "reckless driving," they may think of the type of outrageous stunts performed on movies like The Fast and The Furious. In reality, reckless driving can include any driving action which endangers the lives of other drivers or pedestrians. The Illinois criminal code defines reckless as when a motorist drives "any vehicle with a willful or wanton disregard for the safety of persons or property; or knowingly drives a vehicle and uses an incline in a roadway…to cause the vehicle to become airborne." The second half of the definition does not contain much ambiguity. If a person tries to use a ramp or other means to make their car lose contact with the ground, he or she could be charged with reckless driving. The first half of the definition is more subjective.

Continue Reading ››

 Posted on July 02, 2018 in DUI/DWI

Both a driver for the rideshare company Lyft and another motorist are facing charges for driving under the influence (DUI) after a fatal crash last month.

One man was driving and crossed over the center line, according to WGN9 Chicago. He collided with the Lyft driver head-on. The passenger in the Lyft was not injured and is in good condition. Unfortunately, the female passenger in the first driver’s vehicle was killed as a result of the crash. She was taken to the hospital where she later died from her injuries.

The motorist was charged with a felony aggravated DUI that resulted in the accident and death and is also facing a misdemeanor driving under the influence of drugs charge. The Lyft driver is facing charges of driving under the influence of drugs. Again, this is a misdemeanor charge.

Illinois takes DUI charges very seriously because they can have a devastating impact on more than just the driver of a vehicle. As such, it is imperative that you understand Illinois DUI law in case you are facing a DUI charge.

Continue Reading ››

 Posted on June 29, 2018 in Traffic Offenses

Few things compare in a young person’s life to finally being able to drive a car onhis or her own.He or she hastaken driver’s training, driven the required amount of hours with an experienced driver, andcan nowdrive onhis or her own.However, with this freedom comes an added responsibility.

Since teen drivers are so new and inexperienced, they face stricter rules and regulations in an effort to keep the driver, and those around them, safe.

Cell Phone Use

In Illinois, a driver is not permitted to be onhis or her cell phone or other handheld device while driving.He or she can only make calls with a hands-free option. However, the rule is different for teen drivers. A driver under the age of 18 is not permitted to use a cell phone while driving at all, even ifthe deviceis hands-free. The only exception is in the event the driver needs to call 911 or otherwise contact emergency services or the police.

Continue Reading ››

 Posted on June 25, 2018 in Theft

Two University of Illinois football players are currently in the news for more than their football skills. The two linebackers for the Illini stole a deer sculpture from a local park. The pairis being charged with theft with a value between $500 and $10,000.

The two allegedly saw the sculpture on the ground when they were walking home, according to CBS Sports. The deer, named “Startled,” is estimated to be worth $5,000. After taking the sculpture from the park, the two football players placed the deer on their rooftop. The park district director says that steps and measures have been taken so that the deer cannot be placed on any other rooftops throughout the city.

Theft in Illinois

Overall, a theft charge is a serious offense that must be treated as such. Illinois law defines theft as when a person knowingly:

Continue Reading ››

 Posted on June 22, 2018 in Traffic Offenses

It should come as no surprise that driving with any type of distraction is dangerous to you and everyone else on the roadways. One of the biggest distractions plaguing drivers is the number of drivers who are texting and driving. Concluded in a study by the National Highway Traffic Safety Administration, texting drivers can be six times more dangerous thandrivers operating a vehicle under the influence of alcohol or drugs.

Because of the dangerous nature of texting and driving, and other types of distracted driving, Illinois lawmakers have imposed a bill that would make texting and driving offenses more serious, according to My Stateline. In 2014, Illinois passed a law that made first time texting and driving offenses a nonmoving violation. House Bill 4846 changes this law and makes texting and driving a moving offense. The bill passed in the House and moved to the Illinois Senate for consideration and vote. Bill 4846 was also passed by the Senate.

Continue Reading ››

 Posted on June 21, 2018 in Orders of Protection

Most people are aware that orders of protection are tools available in Illinois to help prevent instances of domestic violence. When a judge issues an order of protection, the order limits the behavior of the alleged abuser and may restrict him or her from contacting the alleged victim or the victim’s children, among other restrictions. What happens, though, if you obtained an order of protection but no longer believe that you are in danger of abuse? Can you have the order dropped?

The answer is complicated, as it will depend entirely on the circumstances of your case. You can petition the court to vacate the order, but the court is not obligated to do so.

The Process

Generally, to have an order of protection dropped, you will need to go back to the county court where you filed the petition for the original order. The court clerk will have paperwork for you to complete, and you may be asked to speak with the judge or another officer of the court before the order is vacated. The purpose of the discussion is so that the court can be certain you are dropping the order voluntarily. Orders of protection usually involve abusive individuals, and judges realize that it is not out of the question for an abuser to force or manipulate a victim into dropping a protective order.

Continue Reading ››

 Posted on June 20, 2018 in Domestic Violence

Domestic violence is a major problem across the state. In general, the Illinois Domestic Violence Act provides remedies available to those who might be victims of domestic violence. When appropriate, abusers must face consequences for their actions. However, not everyone charged withdomestic violence is guilty.

Overall, while the law is meant to protect victims, some individuals may choose to falsely allege domestic violence in order to advance their agenda. If you have been charged with domestic violence in the state, it is imperative that you fully understand the scope of the crime and how to mount a solid defense.

False Allegations

One of thegreatest concerns in domestic violence situations is determining who is telling the truth. Situations can turn into a “he said, she said” battle that is hard to handle. With sympathy usually going to the alleged victim, the best way to prove the allegations are false is to poke holes in that person’s story. If you find inconsistencies and false statements that can be corroborated, itmay be easier to prove that the alleged victim is making false accusations. False allegations are often used in child custody cases and divorce to get a more favorable outcome.

Continue Reading ››

 Posted on June 14, 2018 in Orders of Protection

A quick scan of local or national headlines will show that the issue of domestic violence continues to plague our communities and our nation. Each year, millions of Americans are subjected to violent and abusive behavior perpetrated by romantic partners and other family or household members. As you may know, if you have been abused or you believe that you are in danger of being abused, Illinois law gives you the ability to seek an order of protection against your alleged abuser. But, what if you are the alleged abuser? More importantly, what if you have not done anything wrong but an order of protection was still issued against you?

Understanding the Order of Protection Process

It is important to know how an order of protection is issued. There are three types of protective orders in Illinois: plenary, interim, and emergency orders of protection. A large number of cases begin with an emergency order of protection, or EOP. To obtain an EOP, an individual must file an affidavit with the county court detailing the alleged abuse or the threat of abuse. If the court finds that the allegations are credible, an emergency order may be issued, regardless of whether the alleged abuser was notified in advance of the filing.

Continue Reading ››