Posted on May 10, 2017 in Robbery

Burglary, theft, and robbery are serious crimes, and each one hasdistinctive characteristics. Illinois law is very specific in how it defines these crimes and it takes a knowledgeable Rolling Meadows defense lawyer to explain how the laws differ and what the difference means moving forward in your case.

• Burglary is defined by Illinois law as entering the property of another, knowingly, and without permission, and with the intent to commit a theft or a felony once inside the property. It is a common misconception that the property needs to be a home. Boats, cars, railroad cars, even airplanes can be burglarized.
• Theft, as defined by Illinois law, is the unlawful or unauthorized taking of property from another person with the intent to permanently deprive that person of the property.
• Robbery is the most serious of these three offenses and generally carries the most severe punishments. The reason for that is the violent nature of the offense. Robbery is basically theft accomplished through the use of force, or the fear of force.

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 Posted on May 08, 2017 in Traffic Offenses

There are a number of changes to the traffic laws in Illinois-changes of which to be aware because, unfortunately, ignorance of the law is not a defense. The laws encompass areas including:

• When you are required to switch lanes or reduce your speed;
• The distance you have to come to a complete stop in front of a railroad crossing;
• The kind of lights a motorcycle can display for their rear stop lamps; and
• Penalties resulting from a conviction for driving without insurance.

The laws take effect this year in 2017, and some have already been implemented and applied. Traffic violations may seem minor; however, violations can carry heftyconsequences for anunsuspecting motorist. Moreover, traffic violations can result in the loss or suspension of a license and increased insurance rates. Additionally, depending on the severity, traffic violations can even result in jail time.

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 Posted on May 03, 2017 in burglary

Burglary in Illinois involves someone knowingly entering a building without permission, and with the intent to commit a theft or a felony. One of the most common targets for acts of burglary are stores and shops.

From large retailers to small mom-and-pop type stores, virtually any type of store can be the target of a burglary or an attempted burglary. The main reason why a person commits a burglary of a store is usually to steal some piece of merchandise or to steal money. But what is interesting about the crime of burglary is that a burglar does not actually have to steal anything in order to commit the crime. Simply breaking into the store with the intent to steal something is enough to warrant a conviction for burglary.

Burglary is a Different Charge Than Theft or Shoplifting

Burglary is often charged when a person breaks into a store with the intent to steal something when the store is normally closed. Burglary could also be charged if a person remains in an open store after being asked to leave, or remains in a store in an off-limits area-in either case while having the intent to steal or commit a felony. Still,burglary is a different offense than theft or shoplifting.

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 Posted on May 01, 2017 in Criminal Defense

It is not unheard of for people to get arrested for breaking into unlocked vehicles in Illinois. In these situations, the individual involved can be charged with a number of different criminal offenses based on the circumstances surrounding their activities.

Anyone who has been arrested and charged with a crime for entering an unlocked vehicle without the owner’s permission needs to consult with an experienced criminal defense lawyer immediately. Your rights are in jeopardy and you need to take steps promptly to protect yourself.

Burglary of a Vehicle

One of the crimes that people who enter an unlocked vehicle without the owner’s permission often face is burglary of a vehicle. When a person knowingly enters a vehicle that he or shedoes not have permission to enter, and the perpetrator does so with the intent to commit a felony or a theft, it can constitute the offense of burglary of a vehicle. Many times, a vehicle is broken into in order to steal something valuable inside. Sunglasses, music players, cell phones, cash, and airbags are all common items that are stolen from unlocked vehicles. Burglary of a vehicle is a felony.

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 Posted on April 28, 2017 in Theft

As the weather beginsto warm up, many homeowners in the area will open their doorsand garages to allowthe sunshine in and toair out their homes after a long, cold winter. In suburbia, it is not uncommon for people to leave their garage doors open during the daytime, and to evenleave them open without supervision.

While normally such behavior should be safe, open doorscan be inviting, especially tojuveniles.Take, for example, a group of teenagers who see an open and apparently unguarded garage and enter in search for beer. One teen in the group might dare another to go steal the beer or something else from the open garage. Under pressure from his or her friends, theunfortunate teen will enter the garage and commit the theft.

When Theft Turns Into Residential Burglary

The teen who steals the beer from the garage, however, has done more than merely commit a theft. Because the teen entered the garage of another without permission, and with the intent to steal the beer, the criminal charges the teen can face will likely be upgraded to residential burglary. Why is the upcharge so bad for a teen? Residential burglary is a felony level offense, even if the offender is only a juvenile.

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 Posted on April 24, 2017 in Domestic Violence

Many people live in some sort of domestic relationship at home. You might live with a significant other or even with a family member. Of course, sometimes tensions can rise between people who live together or lived together in a domestic relationship, and things can get out of hand.

When one person physically hits or strikes the other, it can constitute domestic battery, which is a crime in Illinois. When actions escalate and the violence is extreme, or strangling is involved, the battery is considered aggravated domestic battery.

What is Domestic Battery in Illinois?

In Illinois, domestic battery is defined as when an individual causes bodily harm or makes physical contact of an insulting or provoking nature against a family member or household member without legal justification to do so. Physically hitting, biting, violently threatening, etc. are all acts of violence. When you commit these actsagainst a family member or a household member, you could face domestic battery criminal charges. A first time offense is a Class A misdemeanor, while a second or repeat offense (after a domestic violence conviction) can be a Class 4 felony.

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 Posted on April 21, 2017 in Division of Property

For many couples, dividing the marital estate is one of the most challenging elements of the divorce process. Before the property that constitutes the marital estate can be allocated between the spouses, the value of the assets must be established.

Equitable Distribution in Illinois

With very limited exceptions, Illinois law provides that property-including assets and debts-acquired by either spouse during a marriage is considered marital property. Marital property is subject to division in a divorce. Absent a negotiated agreement between the spouses, the court is statutorily required to divide the marital estate in a manner that is equitable and just based on an examination of a large number of circumstantial factors. It is important to realize that "equitable" does not necessarily mean "equal" so one spouse could receive a larger portion of the marital estate than the other.

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 Posted on April 21, 2017 in Drug Charges

Many people who live in Rolling Meadows and the surrounding communities do not have United States citizenship. These individuals are living in the U.S. on a visa or as a permanent resident, or because they hold a green card. Immigrants who are in the United States legally, or even illegally, andfind themselves in trouble with the law over drug offenses could face deportation or removal from the country if they are convicted.

Non-U.S. citizens who are deported are often prevented from reentering the country again for many years after their deportation. Often times, non-U.S. citizens who are convicted for drug crimes involving controlled substances or methamphetamines are more likely to be deported or removed from the country than someone who is convicted for marijuana possession based on small quantities of marijuana. The harder and more addictive the drug that is involved in the crime, the more serious the consequences may be upon conviction.

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 Posted on April 17, 2017 in Drug Charges

When many people think about drug charges, they incorrectly assume that a conviction is not a serious matter. For instance, most minor marijuana-related offenses are only punishable by a civil fine, and most low-level drug offenses are misdemeanors. With the stakes so low, people are often not worried if they get caught by the police. However, it is possible for you to go away to jail for life over a drug offense, which is not something that should be taken lightly.

Circumstances Where You Could Face Life in Prison for a Drug Conviction

There are several circumstances when it comes to drug-related crimes that could land you in jail for the rest of your life if you are convicted. Not only could you be facing state drug laws, but you could also be facing federal drug laws, which are often more strict and carry tougher penalties.

Being Caught in Possession of Large Amounts of Cocaine

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 Posted on April 14, 2017 in DUI/DWI

Operating a vehicle under the influence of any drug or combination of drugsis illegal in Illinois. Even though medical marijuana is legal with a valid medical card in Illinois, the state previously had a zero-tolerance policy regarding the presence of tetrahydrocannabinol (THC) in one’s system.

Governor Rauner signed SB 2228 into law which made changes to the Illinois DUI statute. Instead of investigating whether there are trace amounts of THC in a defendant’s blood, this new law creates a tiered system for impairment.

The new law dictates that it is now illegal to drive or be in actual control of a vehicle with more than 5ng of THC per ml of a person’s blood or bodily substance. Officials have determined this level is close in proximity to the .08 blood alcohol content (BAC) level for driving under the influence.

While this change in the law leaves some uncertainty in the community, it corrected a legal paradox where a person could be charged with a DUI for cannabis that he or she may have smoked or consumed over a month prior.

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