Posted on September 06, 2017 in Drug Charges

In Illinois, it is illegal under state law to manufacture a controlled substance. But what does this actually mean? In general terms, it means that an individual can be convicted of a crime if he or shemakes illegal drugs or other substances. However, the legal definition is quite a bit more specific.

Key Definitions re the Unlawful Manufacture of a Controlled Substance

Under the Illinois Controlled Substances Act the terms “manufacture” and “controlled substance” are carefully defined as follows below.

Manufacture: The Illinois Controlled Substances Act defines the term “manufacture” as “the production, preparation, propagation, compounding, conversion, or processing… either directly or indirectly by”:

• Extracting substances of natural origin;

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 Posted on September 04, 2017 in Juvenile Crimes

Roughly 100 years ago a juvenile justice system was established in the United States in order to divert young offenders away from the standard criminal justice system and into an alternative system focused on rehabilitation. Today the juvenile justice system still places great importance on rehabilitation. Yet nowadays the system also focuses on punishment, accountability, and promoting public safety as well.

It is also important to note that today each state has it has own juvenile justice system and that each of these 51 systems embraces slightly different objective and operates slightly differently. Therefore, any case specific questions relating to the juvenile justice system in Illinois should be directed to a local juvenile charges defense lawyer. Still,some frequently asked questions about the juvenile justice system at large have been answered below.

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 Posted on August 28, 2017 in Child Support

Over the last couple of weeks, we have been talking about the new child support law in Illinois. As you are now probably aware, the state legislature passed a measure last year that took effect July 1, 2017, and changed how child support obligations are calculated in the state. The most impactful change brought about by the new law is the shift from considering just one parent’s income when calculating child support to taking both parents’ income into account. With that change alone, the new law would be more equitable than the previous version, but there are other factors that could also affect the calculations. For example, according to the new child support model, shared parenting time may now be considered when determining a paying parent’s obligation.

Previous Concerns

Under the previous child support law, paying parent’s obligation was based on two main factors-his or her income and the number of children being supported. The payment amount was, in most cases, a percentage of the paying parent’s income, using a table provided in the law. He or she would pay 20 percent of his or her net income for one child, 26 percent for two, on up to 50 percent for six or more children. The support obligation, however, was not affected by the amount of parenting time the paying parent enjoyed. As a result, a parent with 45 percent of the parenting time with his or her child could still be obligated to pay the same as a parent with 5 or 10 percent of the parenting time, presuming the same number of children and similar incomes.

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 Posted on August 28, 2017 in Drug Charges

Did you know that under some circumstances it is illegal to possess drug paraphernaliain Illinois? In fact, you can be arrested and charged with a crime if you possess drug paraphernalia with the intent to use that paraphernalia to ingest an illegal substance, regardless of whether or not you also had drugs on you at the time.

Illinois’ Unlawful Possession of Drug Paraphernalia Statute

Under code section 720 ILCS 600/3.5 of the Illinois Compiled Statutes it is illegal to knowingly possess drug paraphernalia with the intent to use the paraphernalia to take cannabis or a controlled substance (or to prepare cannabis or a controlled substance to be taken).

Unlawful possession of drug paraphernalia is a Class A misdemeanor that is punishable by a minimum fine of $750 and that can be punished by a fine of up to $2,500 and/or up to one year in jail.

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 Posted on August 23, 2017 in DUI/DWI

A DUI checkpoint (also commonly referred to a sobriety checkpoint or a DUI roadblock) is a roadblock initiated by the police in order to stop every vehicle (or a subset of vehicles) in order to assess the sobriety of drivers passing through. These checkpoints are often set up at times when drunk driving is most prevalent (namely around the holidays and on weekends) and on streets that see a disproportionate number of drunk drivers.

The Constitutionality of DUI Checkpoints

Generally speaking, police officers in the United States are only allowed to pull a driver over if they have a reasonable suspicion that the driver has broken the law.

However, in the landmark case Michigan v. Sitz, the U.S. Supreme Court held that sobriety checkpoints where drivers are stopped without reasonable suspicion of wrongdoing are in fact constitutional because the government’s interest in preventing drunk driving outweighs the inconvenience to the individuals who are stopped and that, therefore, DUI checkpoints are an exception to the search and seizure provision of the Fourth Amendment.

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 Posted on August 21, 2017 in Underage Drinking

The legal drinking age in Illinois, and throughout the United States, is 21. However, it is also illegal for those under 21 to even just possess alcohol in Illinois. Unlawful possession of alcohol by a minor and unlawful consumption of alcohol by a minor are related, yet distinct, crimes in Illinois.

Unlawful Possession of Alcohol by a Minor

Under Illinois’ Liquor Control Act (235 ILCS 5/1 et seq.) it is illegal for an individual who is under 21 years of age to possess alcohol. But what does it mean, in a legal sense, to “possess” something?

In this case, alcohol can be possessed either physically or constructively. Physical possession essentially means holding a container with alcohol in it. Constructive possession, on the other hand, means that you have both the intent as well as the ability to control the alcohol.

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 Posted on August 17, 2017 in Assault & Battery

There is great debate these days among parenting “experts” about whether or not children should be physically disciplined when they misbehave. Some think that children should never be physically reprimanded, others believe in spanking, and some feel that more violent forms of punishment (such as hitting a child with a stick or whipping them with a belt) is permissible.

Regardless of how you feel about corporal punishment as a parenting technique, it is critical that every parent in Illinois understands the legal line that our state has drawn between physical discipline and child abuse. It should be noted that this line is not as clear-cut as you might expect; however, this article explores the legal distinction between physical discipline and abuse according to Illinois law.

The Legal Line Between Physical Discipline and Abuse

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 Posted on August 14, 2017 in Criminal Defense

Landowners and occupants in Illinois have the right to exclude people from trespassing on their property. Therefore, entering onto someone else’s private property without permission to do so can constitute a civil trespass as the trespasser violated the owner/occupant’s exclusive possession of the land.

However, in Illinois a trespasser can also be charged with criminal trespass under some circumstances. Three of the most commonly charged forms of criminal trespass in Illinois are outlined below.

Criminal Trespass to Real Property: Code Section 720 ILCS 5/21-3

Here in Illinois the crime of criminal trespass to real property is defined in section 720 ILCS 5/21-3 of the Illinois Compiled Statutes and states that an individual is guilty ofcriminal trespass when he or she:

• Enters or remains in a building knowingly and without the lawful authority to do so;

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 Posted on August 09, 2017 in Probation

Probation, not to be confused with parole, is a court ordered sanction that can be imposed on some criminal offenders as an alternative to incarceration. Probation affords an offender who has demonstrated a willingness to rehabilitate himself or herselfthe opportunity to remain a member of the community (and to stay out of jail) so long as he or shestrictly complies with the conditions of his or herprobation.

In Illinois, probation conditions vary from offender to offender and case to case but often include:

• A curfew;
• Mandatory participation in rehabilitation programs and/or counseling;
• Prohibition on consuming drugs and alcohol;
• Drug testing;
• Paying restitution, attorneys fees, and/or fines;
• Completing community service;
• Staying within the state unless granted permission to leave;

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 Posted on August 07, 2017 in Illinois Laws

Did you know that in some criminal cases Illinois prosecutors are bound by a statute of limitations (SOL) that limits the timeframe within which they are permitted to file criminal charges against you? This means that if you commit a crime in Illinois, and are not officially charged before an applicable statute of limitations clock expires, then the government will more often than not be barred from charging you with that crime in the future.

This may sound fairly straightforward, but keep in mind that Illinois does not have a statute of limitations that applies to every crime. Moreover, there are circumstances under which a statute of limitations clock can be tolled (i.e. suspended) for a time, and in some cases it can be very hard to tell when the period of limitation begins.

Therefore, it is essential tolearn about Illinois’ key criminal statutes of limitations. If you suspect that the applicable statute of limitations has expired for a crime that you committed in the past, consult with a local criminal defense lawyer about your legal options.

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