Posted on January 15, 2018 in Domestic Violence

An Illinois protective order (also commonly referred to as an “order of protection” or a “restraining order”) is a court ordered civil decree that is designed to prevent future acts of domestic violence from occurring by requiring the individual listed on the order to refrain from engaging in certain enumerated acts (for example, coming within a certain distance of the petitioner, possessing a firearm, harassing, stalking, or intimidating the petitioner, etc.).

If a protective order has been issued against you, it is criticalto carefully abide by each provision listed in the order. Failing to do so can land you in a world of legal trouble. To begin, you will have likely committed a Class A misdemeanor and may be sentenced to spend up to one year in jail, and pay a fine of up to $2,500. Therefore, even if you feel that the order of protection that has been issued against you is not justified, it is critical that you abide by its terms and fight the order through the appropriate legal channels.

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 Posted on January 10, 2018 in White collar crime

White collar crimes, especially the crime of forgery, have been featured prominently in the news recently. The crime of forgery is committed when an individual drafts or alters a writing with the intent to defraud another. However, it is important to note that each state in the U.S. defines forgery slightly differently in their respective criminal codes.

In Illinois, according to code section 720 ILCS 5/17-3, forgery is committed in Illinois when a person knowingly, and with the intent to defraud:

• Falsifies a document in order to defraud another,
• Issues or delivers a falsified document while knowing it to be false,
• Possesses a falsified document with the intent to issue or deliver it while knowing it to be false,
• Illegally uses someone else’s digital signature, or
• Illegally uses someone else’s signature device in order to create an electronic signature for that person.

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 Posted on January 08, 2018 in DUI/DWI

Getting behind the wheel in Illinois while under the influence of alcohol and/or other drugs is illegal. However, for the past few decades educational campaigns aimed at deterring drivers from driving under the influence have focused almost exclusively on the evils of drunk driving while largely ignoring the various problems associated with driving while under the influence of drugs. Perhaps this is because, up until recently, police officers have had a reliable tool at their disposal to detect alcohol in a driver’s system (the breathalyzer) while they lacked such an instrument to conduct roadside testing for drugs. However, it seems that this is about to change as at least one Illinois police department plans to begin roadside drug testing in the upcoming months.

The New Test

According to the Chicago Tribune, Carol Stream police officers plan to be the first department in Illinois to implement a new roadside test to determine if drivers are under the influence of one or more drugs. Reportedly, the new roadside test will be able to detect marijuana, cocaine, methamphetamines, amphetamines, and opiates such as heroin via a chemical test.

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 Posted on January 03, 2018 in Homicide

With the new year’s arrival, a slew of new laws are poised to take effect in Illinois and a few old ones are about to be repealed. Fox News reports that one old law that will be removed from the Illinois Compiled Statutes in 2018 is the so called “gay panic defense.”

What Was the Gay Panic Defense?

Agay panic defense is a legal defense that is available in homicide cases (or occasionally in other violent cases) that a defendant can use to justify violent acts against a homosexual victim ifhis or her violence was provoked by unexpectedly learning ofthe victim’s sexual orientation.

According to a report issued by the American Bar Associationin 2013, gay and trans panic defenses were implemented by states across the U.S. years ago back when widespread public aversion to LGBT individuals was the norm and a victim’s sexual orientation was seen as justification for a defendant’s violent reaction towards them.

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 Posted on December 28, 2017 in Traffic Offenses

Reckless driving, as defined under section 625 ILCS 5/11-503 of the Illinois Code, is committed in Illinois when a driver (a) drives with a willful or wanton disregard for the safety of people or property, or (b) knowingly uses an incline, bridge approach, railway crossing, or hill to make their vehicle go airborne. Furthermore, any person who drives recklessly and as a result causes permanent disability/disfigurement or great bodily harm to another can be convicted of aggravated reckless driving. But how can it be proven that someone drove recklessly? Reckless driving cases differfrom case to case; however, consider the following various approaches that are commonly used to prove acts of reckless driving in Illinois.

Approaches Commonly Used to Prove Reckless Driving

If you choose to fight a reckless driving ticket in Illinois the opposition will be forced to present evidence in court establishing that you either drove with a willful or wanton disregard for safety or that you intentionally made your vehicle go airborne. This can be proven in a variety of different ways, but before discussing these various approaches let us take a quick look at what constitutes “willful or wanton” conduct.

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 Posted on December 26, 2017 in Criminal Defense

When a foreign national is convicted of a criminal offense in the United States, he or she runs the risk of being deported, regardless of whether or notthe individual waslegally present in the U.S. when the crime was committed. In other words, if you are not an American citizen and you have been accused of committing a crime in the United States, be aware that if you are ultimately convicted you may be deported. However, not all criminal convictions can render a foreign national eligible for deportation.

Crimes for Which Non-U.S. Citizens May be Deported

The U.S. Citizenship and Immigration Services’ website notes that aliens who are convicted of one of the following criminal offenses in the United States are eligible for deportation:

• Crimes of Moral Turpitude: Any foreign national who is convicted of a crime involving “moral turpitude” (i.e. most crimes involving dishonesty or theft), for which a sentence of at least one year may be imposed, within five years of being admitted into the United States (or within 10 years in some cases) is deportable.

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 Posted on December 21, 2017 in Traffic Offenses

Under Illinois’ DMV point system, Illinois drivers are assigned penalty points for a wide array of traffic violations. The more serious the violation the more points that the DMV will add to the driver’s record. For example, a driver who fails to obey a traffic sign will generally have 20 points added tohis or her driver’s license while, on the other hand, a driver who is caught driving recklessly will often be assigned 55 points.

If you have recently accumulated a few minor traffic citations, or if you have broken a serious rule of the road, then it is important to be aware of how many points you currently have and the impact that these points can have on your ability to retain your driving privileges in Illinois.

The Impact of Points on Your Driving Record

Under Illinois’ DMV point system, a driver who receives three or more traffic citations within a 12-month period will generally have accumulated enough points on his or herrecord to be penalized with an administrative revocation or suspension ofhis or herdriver’s license.

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 Posted on December 19, 2017 in burglary

Earlier this month, a 56-year-old man was sentenced by Illinois Judge Thomas Berglund to serve 30 years in prison in connection with a home invasion that the offender confessed to committing earlier this year, reports The Register-Mail.

Reportedly, the homes invasion took place last spring when the offender entered the home of an 83-year-old man and hit the resident over the head with a metal desk lamp. The elderly victim suffered great bodily harm and was discovered by a neighbor two days after the incident occurred.

After admitting that this was in fact the course of events that took place, a negotiated plea agreement was reached in which two other charges (residential burglary and aggravated battery causing harm to someone over 60 years of age) were dismissed and the prosecution continued ahead with the home invasion charge for which the offender is now serving time.

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 Posted on December 14, 2017 in DUI/DWI

Did you know that in Illinois it is illegal to operate a boat while under the influence of drugs or alcohol? Many peopledo not realize that, from a legal point of view, operating a boat is comparable to driving a car and that those caught operating a watercraft while under the influence can be charged with boating under the influence (BUI), which carries similar penalties to a driving under the influence (DUI) conviction.

625 ILCS 45/5-16: Operating a Watercraft Under the Influence

Section 625 ILCS 45/5-16 of the Illinois Compiled Statutes (aka Illinois’ boating under the influence statute) states that it is illegal to be in actual physical control of a watercraft in Illinois while you:

• Have a blood or breath alcohol concentration of 0.08 percent or greater,
• Are under the influence of alcohol, or

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 Posted on December 12, 2017 in DUI

Being charged with the crime of driving under the influence (DUI) can have devastating effects on a person’s life. Fortunately, there is a program available for first-time DUI offenders in Illinois that can help them get back on the road, even if their driving privileges have been suspended.

A monitoring device driving permit (MDDP) allows drivers to drive after they install a breath alcohol ignition interlock device (BAIID) on their vehicle. In order to participate in the monitoring device driving permit program, you must meet the MDDP eligibility requirements. To qualify, a driver must:

• Be a legal adult (18-years-old or older);
• Be a first-time offender;
• Have a valid driver’s license;
• Have not had any previous statutory summary suspensions;
• Have not been previously convicted of DUI or assigned court supervision for a DUI in Illinois and

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