Posted on March 27, 2017 in Drug Charges

In just the past few years there has been a dramatic increase in the volume of synthetic drugs available on the streets of Illinois. Synthetic drugs, also sometimes referred to as designer drugs, are substances that mimic the effect of illegal drugs and that fall outside of the regulatory authority of the Food and Drug Administration. They often contain controlled substances and because there are so many different types and formulations of synthetic drugs, it is difficult to predict the effect the synthetic drugs have from one user to the next. A common factor amongst synthetic drugs is that they are often addictive, and can be highly dangerous because of the unpredictable effect that these drugs can have on users.

Are Synthetic Drugs Illegal in Illinois?

Synthetic drugs are just as illegal as their chemically similar counterparts and are prohibited under the Illinois Controlled Substances Act. Prior to 2016, Illinois law was not very well defined when it came to prohibiting the use and possession of synthetic drugs. However, the passage of Senate Bill 1129 effectively curbed synthetic drug use among Illinoisans by making them illegal.

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 Posted on March 24, 2017 in Divorce

Did you know that in Illinois it could technically be a crime to cheat on your spouse? In fact, if the “other man” or “woman” knows that you are married, he or she could also be breaking the law. According to the Illinois Criminal Code, adultery-both for a married person and a person who knows his or her partner is married-is considered a misdemeanor criminal offense “if the behavior is open and notorious.” The caveat was originally intended to prevent philanderers from publicly flaunting their infidelity by living with someone who was not their spouse and, as a result, offending the sensibilities of society and degrading the institution of marriage. By the letter of the law, this would even apply to people who are currently in the process of a divorce.

As you might expect, law enforcement officers and prosecutors, by and large, have little interest in looking to convict those who cheat on their spouses. To illustrate, the last known example of an adultery charge being filed happened 20 years ago, and Cook County prosecutors declined to pursue the case.

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 Posted on March 22, 2017 in License Suspension

After your driver’s license has been suspended, either for racking up too many points for traffic violations or getting a DUI, there can be many pressures to continue drivingwithout a license. It maybe difficult to findalternative transportation to your job or to school. Or, taking public transit maybe a challenge. You may be concerned about asking your friends orfamily to drive you because you do not want to be an inconvenience. However,if the state has suspended your driver’s license and you choose to continue driving despite being legally stripped of your driving privileges, you can face serious consequences if you are caught by law enforcement.

Driving on a suspended driver’s license is a criminal offense in Illinois under 625 ILCS 5/6-303. The charges are usually a Class A misdemeanor, but you could possibly be charged with a felony under certain circumstances. Whether you arecharged witha misdemeanor or a felony will depend on the reason why your driver’s license was suspended in the first place.

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 Posted on March 20, 2017 in Disorderly Conduct

There are severaldifferent offenses that constitute disorderly conduct under Illinois law. However, one of the least obvious forms of disorderly conduct is voyeurism, or “peeping,” which is an invasion of privacy of someone else. The victim, or person who is spied upon, has had his or herpersonal space violated by the peeping act, and the Illinois courts take the invasion of privacy very seriously.

Like many of the other forms of disorderly conduct, the offense of peeping often involves a state of intoxication-but certainly not always. Being drunk is no excuse under the law for invading the privacy of another by spying on him or herin their home. However, it does lend context to how the peeping incident may have come to pass.

Many criminal defendants who are charged with disorderly conduct for peeping on someone did so as a result of exercising poor judgement, while in a state of intoxication, or were acting in response to peer pressure.

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 Posted on March 15, 2017 in Criminal Defense

If you have been arrested and charged with a crime in Illinois, it is imperative that you appear in court for all of your scheduled court appearances. You maythink that it is unnecessary, or that the court has already made up its mind and you showing up will have no bearing on your fate. However,a failure to appear in court is a big deal for a criminal defendant in Illinois and itcan have serious and unpleasant consequences.

Best and Worst Case Scenarios

If you have been charged with a crime, you are already in a pretty tough situation. It makes no sense to do something that could make your situation worse. Not appearing for a scheduled court date will not bode well with the court. It is considered disrespectful and rude to miss your scheduled court appearance. The judge, the prosecutors, and your attorney have all made the time to show up to your hearing, and you should show up too. But what could happen if you fail to appear in court?

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 Posted on March 13, 2017 in Criminal Defense

Every so often, a criminal defendant will be charged with the wrong crime after being arrested. For instance, the police mayarrest an individualfor having what they believe to be cocaine in his or herpossession. However, after a sample of the drug is sent to a drug lab for testing, the substance might be identified as something else.

Cocaine, heroin, powdered methamphetamine, powdered ecstasy and ketamine all can have the same appearance as a white powder and it is possible for police to make a mistake and charge someone with a crime that is different than the crime that was committed.

Do Not Incriminate Yourself

It is very unlikely fora criminal defendant to speak up andcorrect law enforcement about the inaccuracy of the charges. Doing so would be incriminating to oneself. Therefore, sinceyou are not talking, the police will charge you with the crime that they think you committed, and the state prosecutor will be given the charges once your criminal drug case makes it to court.

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 Posted on March 10, 2017 in Divorce

While the divorce rate has been steadily declining for most age groups, those nearing retirement age (the Baby Boomers) have seen a drastic increase over the last couple of decades. In some ways, this could be a positive thing; it attests to the improved independence of women and the improved quality and longevity of life. There are some potential drawbacks, especially when it comes to retirement. If you are planning on divorcing later in life, it is important to be aware of what may lie ahead.

Divorce Later in Life Can Impact Retirement

Most couples who have been together for two or more decades have prepared for retirement together. This means they have, in many cases, created a pension plan that is designed to support one set of bills, one mortgage, and one set of living expenses. When divorce occurs near the retirement stage, this can throw everything into disarray. The retirement plan must now be divided, and each party will have their own set of bills and living expenses. There is a good chance there will not be enough to go around, and with less time to recover from this financial hit, later-life divorcees may be at serious risk for divorce-induced poverty.

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 Posted on March 08, 2017 in Theft

There are certain types crimes in Illinois that are considered crimes of moral turpitude. This means that the actions involved in committing the crime run counter to society’s sense of morals. Generally speaking, crimes of moral turpitude involve acts of deception or deceit, and reflect poorly on one’s character or trustworthiness. Examples of crimes that are considered crimes of moral turpitude in Illinois include:

• Retail theft;
• Assault;
• Aggravated battery;
• Stalking;
• Driving while under the influence of alcohol; and
• Burglary.

Many people who commit forms of retail theft often do not think very deeply about the potential consequences they could face if caught and prosecuted under the law. Since no one is physically harmed by the crime of retail theft, many do not think of it as a serious offense or that a conviction could have a long-term impact on their life.

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 Posted on March 06, 2017 in DUI/DWI

Being arrested for driving under the influence (DUI) can be scary, especially if you are a first time offender. You are likely unfamiliar with the DUI arrest and charging process, have little idea what happens next, and could use assistancetogetthrough the process. Do not worry: an experienced criminal defense lawyer is able to help you throughout each step of your case.

What Can You Expect Happens Next?

Driver’s License Suspension. Once you have been booked and have had a chance to find a criminal defense lawyer, your driver’s license will be revoked. Driver’s license revocation is an automatic consequence of a DUI charge. If you quickly find a lawyer after being arrested for DUI, your lawyer can get to work preparing a petition for a hearing to rescind your driver’s license suspension.

First time DUI offenders also are able to apply for a monitoring device driving permit, which involves the installation of a breath alcohol ignition interlock device at the offender’s own expense that enables them to drive.

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 Posted on February 27, 2017 in Domestic Violence

In Illinois, domestic battery charges are taken very seriously. Just a first time conviction can result in a number of consequences. Possible jail time, a fine, and a criminal record are a few of the more obvious consequences of a domestic battery conviction. However, a conviction can also cause you problems in a child custody battle or when you apply for certain types of employment. Anyone who is facing criminal domestic battery charges needs to seek the help of an experienced criminal defense lawyer as soon as possible.

Victim and Abuser Relations That Warrant Domestic Battery Charges

Domestic battery charges are reserved for alleged abusers and victims that are in a specific domestic relationship with one another. The abuser and the victim must be in a familial relationship or the two must be members of the same household. For instance, battery that occurs between two people in the following relationships constitutes domestic battery:

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