Posted on July 22, 2016 in Domestic Violence

Many Illinois families and couples find themselves in disagreements. They might yell at each other, act aggressively, or maybe behave in a crazy manner. Sometimes things get out of control and the police are called. One of the people involved in the fight might make the call, or a concerned neighbor could do it. When the police are called to investigate an alleged domestic dispute, they can make an arrest if they believe that a crime, such as domestic abuse, has been committed. Because the situation is often tense when the police show up, and those involved in the fight are often emotional, things are said, exaggerations might be made, and the police might haul off one party, even though his or her actions during the fight did not really rise to the level of domestic violence.

False allegations of domestic violence are made all too frequently, and it can be a major inconvenience, and even a problem, for the accused abuser. As a criminal defendant charged with domestic violence, you are facing serious consequences if you are convicted. That is why it is so important to work with an experienced criminal defense lawyer who understands domestic violence defense to fight the charges that have been levied against you.

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 Posted on July 20, 2016 in Drug Charges

Drug possession is one of the most common drug charges that criminal defendants face. When it comes to drug possession, whether it’s marijuana, heroin, methamphetamine, prescription pills or other controlled substances, it is important to understand that there are two types of drug possession: actual possession and constructive possession.

What Is Actual Possession of Drugs?

Actual possession arises when you are caught with the drugs on your person. This might mean that the drugs were found by law enforcement who are conducting a search, in your pocket, or tucked away in some other article of your clothing. Actual possession can also be established if you are found with drugs in your purse or backpack that you are carrying with you when you are searched.

Drug charges based on actual possession are tough to defend against since you are basically caught red-handed. But just because drugs were found on your person does not necessarily mean that you had knowledge that you were carrying drugs (someone else could have slipped the drugs in your purse or pocket), or that the drugs are yours. Furthermore, the drugs can only be entered as evidence against you if the stop conducted by the police officers, the search, and the seizure were all done legally.

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 Posted on July 19, 2016 in Criminal Defense

Some crimes in Illinois are referred to as “specific intent” crimes. These crimes require that the criminal defendant have the specific intent, or a particular state of mind, to do something in order to make a conviction of a criminal defendant for the crime. To think of this another way, the criminal defendant must have had a specific state of mind, or purpose, that was the reason behind committing the crime. The specific requisite intent is often defined in the criminal statute that governs over any particular specific intent crime that a defendant is charged with.

The good thing about specific intent crimes is that the prosecution has the burden of showing that the criminal defendant had the requisite state of mind that is needed to commit the alleged crime. Proving the necessary specific intent for a crime is often the prosecution’s weakest link in their case against the criminal defendant, as it is difficult to prove a person’s state of mind. Sometimes the prosecution’s whole case will turn on proving the requisite intent element of a crime, and the prosecution may only have circumstantial evidence to support its position. A skilled criminal defense lawyer can fight the prosecutors by attacking the weakest aspects of their case.

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 Posted on July 14, 2016 in Alimony

For many years, spousal support, or alimony, was a generally accepted part of the divorce process. When a couple decided to end their marriage, one spouse-usually the wife, statistically speaking-would be a severe financial disadvantage due to roles and responsibilities she assumed regarding the family. In most cases, the wife would also be granted primary responsibility for the couple’s children, meaning that it was even more difficult for her to obtain sufficient employment to support herself and her family. As such, the other spouse-usually the husband-would often be required to make spousal support payments, helping to ease the other party’s financial burden and making the end result of the divorce more equitable.

Changing Society, Changing Expectations

Over the last four decades or so, it has become increasingly more difficult for families to rely on a single income. This shift has been accompanied by a dramatic evolution of our cultural expectations for spouses in a marriage. Today, gender is much less of a factor for most families when determining household and family responsibilities. As times have changed, so has the state’s approach to granting spousal support or maintenance, as it is known in the law.

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 Posted on July 14, 2016 in Criminal Defense

Some criminal defendants find themselves facing possession of burglary tools, under 720 ILCS 5/19-2, perhaps in addition to burglary charges, and do not understand why they are being charged with this crime. Sometimes they may not have even committed a burglary, and yet they still will be charged with possession of burglary tools. This can be confusing and distressing for the defendant, since the defendant is facing felony criminal charges, with serious consequences, such as loss of their freedom, if they are convicted. A skilled criminal defense lawyer can help you fight burglary and possession of burglary tools charges.

A conviction for the crime of possession of burglary tools does not require that the prosecution show that the criminal defendant had the specific intent to break and enter into a building or dwelling. Rather, possession of burglary tools is a general intent crime, i.e., the mere possession of burglary tools implies that the defendant had a general intent to use the tools for their intended purpose, which is for breaking and entering a building. Possession of burglary tools merely requires that the criminal defendant knowingly possessed tools that are used for the purpose of committing burglary or breaking and entering.

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 Posted on July 07, 2016 in Traffic Offenses

Illinois drivers are required to respect and protect emergency workers while driving on roadways. This means acknowledging and respecting an emergency vehicle’s need to get somewhere much faster than your average driver and getting out of the way so that emergency vehicles and personnel can get to where they need to go as quickly as possible. It also means moving over on the highway to give a stationary emergency vehicle as much room as possible.

Codified at 625 ILCS 5/11-907, the law that protects emergency vehicles and emergency personnel is referred to as Scott’s Law, after Scott Gillen, a Chicago Fire Department Lieutenant who was killed by a passing motorist while trying to do his job. The law is necessary because emergency workers face many dangers when responding to accidents and trying to save lives.

Getting To An Emergency

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 Posted on July 05, 2016 in Criminal Defense

Diversion programs are alternative prosecution programs that are available to many first-time offenders who have committed nonviolent felonies or misdemeanors and are being prosecuted in Cook County. These programs are designed to help first-time offenders avoid criminal convictions and jail time by participating and completing diversion programming. Through participation in the program, those first-time offenders who otherwise would have become convicted criminals are given the opportunity to receive treatment and to contribute to their communities. Additionally, upon the successful completion of their diversion programming, the criminal defendant’s criminal charges will be dropped.

Eligibility for Diversion Programming In Cook County

The Assistant State’s Attorneys identify criminal cases where the defendant may be a good candidate for the diversion program. These defendants are notified and offered an opportunity to participate in the program. If the defendant is interested in participating in a diversion program then the Assistant State’s Attorneys will determine if the remaining eligibility criteria can be satisfied.

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 Posted on June 29, 2016 in Divorce

While the feelings of anger, sadness, guilt, and depression often felt after a divorce are far from gender-biased, a new study suggests that men may be more prone to the resulting behaviors and symptoms. They may be more prone to excessive weight gain in the weeks, months, and even years following a divorce. However, the study did find that women were also at risk for weight gain and poor self-care. Understand these risks, its potential impact on your health, and how you may be able to protect yourself against them.

Weight Gain After Divorce in Both Men and Women

Published in Social Science and Medicine, the study tracked the dietary habits and weight gain of 11,577 participants between the ages of 40 and 80. At the beginning of that study, 89 percent of the men and 78 percent of the women were married, and by the second analysis that took place 3.5 years later, 2.4 percent of men and 4.5 percent of the women had been divorced, widowed, or separated.

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 Posted on June 22, 2016 in Criminal Defense

Methamphetamine is one of the most popular illegal drugs in Illinois. There are severalreasons why people prefer to use methamphetamine as their illegal drug of choice and why it is so popular. Reasons include the following:

• Methamphetamine gives the same high sensation as cocaine, but the high lasts longer with methamphetamines;
• Methamphetamine is easy to make;

• Methamphetamine is easy to take, being consumable through ingestion, inhalation and injection; and
• Methamphetamine is less expensive than cocaine.

Methamphetamine is a Serious Illegal Drug

Methamphetamine is a highly addictive and dangerousdrug, and users cansuffer injury or even death.Moreover,methamphetamine is an illegal substance, and you can therefore be charged with serious drug charges if you are caught in possession, manufacturing, or selling methamphetamine. The State of Illinois takes methamphetamine drug charges so seriously that methamphetamine has its own set of criminal laws: The Methamphetamine Control and Community Protection Act under 720 ILCS 646.

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 Posted on June 20, 2016 in Criminal Defense

Criminal defendants have a choice when facing criminal charges: they can either fight the charges in court, or they can enter into a plea agreement. In many cases, it is in a criminal defendant’s best interest to fight the charges that they are facing. By fighting the charges, it is possible to have the charges reduced or dropped entirely.

However, there may be a situation where it is in the best interest of the criminal defendant to enter into a plea bargain with the prosecution, with the help of a skilled and seasoned criminal defense lawyer, to reach an agreement that results in lesser charges or lesser sentencing for the criminal defendant.

Nearly all criminal charges can be settled with a plea deal. In fact, a majority of criminal cases are resolved through a plea agreement. Plea bargaining is an effective means for resolving a case, which saves on time, court costs, and attorney fees. A plea agreement can provide certainty in the situation, and can be a great tool for reducing sentencing or avoiding jail time, especially when the criminal defendant was undeniably guilty of the crime.

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