Recent Blog Posts
Medical Marijuana and Police Interactions in Illinois
Illinois’s medical marijuana program has only recently gone into effect. For many, the new law will give them access to much needed treatment options. But, there are also potential legal complications that can come into play if people are not careful. You could still find yourself facing serious drug charges, even if you do have a medical marijuana card.
Compliance With the New Law
Before you can legally buy medical marijuana you must:
- Complete the multi-step application process;
- Have received a diagnosis of one of the legally approved conditions;
- Register with a single dispensary; and
- Receive your medical marijuana identification card
If you do not follow all of these steps, you can still be arrested, charged, and convicted of a drug crime.The application process includes running a criminal background check, so if you have a history of certain drug crimes you can be denied a medical marijuana card.
Criminal Pleas in Illinois
If you are being charged with a crime in Illinois, your charges will be formally read to you at your arraignment hearing. You will be required to enter a plea, or an official statement as to whether you are guilty or not, at this time to the charges you face. You have four plea choices in Illinois: not guilty, guilty but mentally ill, guilty and no contest.
Not guilty, guilty but mentally ill and guilty pleas are specifically provided for under 725/ILCS 5/113-4(a). Pleading no contest is limited to only certain situations, and the court does not have to accept a no contest plea.
In all cases, it is very important that you consult with an experienced criminal defense lawyer to determine which plea is best for your particular circumstances. Which plea you choose will play a significant role in how your criminal case will proceed, and your plea choice could also have a lasting effect on your life since pleas are made part of your criminal record.
New Divorce Laws for 2016
After months of waiting, changes to the Illinois Marriage and Dissolution of Marriage Act have finally gone into effect. Passed by the state legislature in the spring of 2015 and signed by Illinois Governor Bruce Rauner in July, the amendments are among some of the most significant changes to civil and family law in nearly four decades. The full procedural impact of the updates remains to be seen, as attorneys and courts around the state have just gone back to work for the new year, but many of new provisions are fairly straightforward, especially those pertaining to new filings for divorce.
Irreconcilable Differences Only
One of the biggest changes to come down in the new law affect the available grounds for divorce in the state. For generations, a divorce could be granted on the basis of negative or destructive behavior of one spouse. These behaviors included those that one would normally associate with divorce, including adultery, bigamy, repeated mental or physical cruelty, abandonment, and habitual substance abuse. In the mid-1980s, however, the law was updated to include the no-fault grounds of irreconcilable differences, acknowledging that something terrible was not necessary to prove a marriage was not working.
When Can a Summary Suspension Be Rescinded?
When an individual is arrested for driving under the influence of drugs or alcohol and refuses to submit to chemical testing or submits to a chemical test that reveals a blood alcohol concentration of 0.08 or higher, that individual will be subjected to a statutory summary suspension of his or her driving privileges under Illinois law. This can be a terrible situation for an individual who needs to be able to drive. If you have been subjected to a statutory summary suspension of your driver’s license in Illinois, you need to consult with a criminal defense attorney to see if there is any way for your suspension to be rescinded.
Summary suspensions can be rescinded (meaning taken back or canceled) for a number of reasons, if a petition to rescind is filed within 90 days of the service of the notice of summary suspension. A skilled DUI defense attorney can identify any potential reasons why your summary suspension should be rescinded and can help you file your petition within the statute of limitations for a rescission.
Defending against Shoplifting Charges
The holiday season is a big time for accusations of shoplifting and retail theft to arise. Stores are packed with people, and purchase items might accidentally get placed in a purse, or might not get paid for. Retailers are on high alert and are extra accusatory this time of year, but when a person stands accused of stealing merchandise when they are innocent, it is a problem. Shoplifting under Illinois law is usually a misdemeanor offense, but when the value of the allegedly stolen item is more than $300 or the accused is a repeat offender, the charges can be upgraded to a felony. When you are facing shoplifting and retail theft charges, you need an experienced criminal defense lawyer to help protect your rights.
Defense Strategies for Shoplifting Charges
When it comes to shoplifting charges, a criminal defense lawyer who normally handles shoplifting cases can help you identify the best defense strategy that is available to you. Some more common shoplifting criminal defense strategies involve the following:
Parental Responsibilities and Child Support
In a recent post on this blog, we discussed how changes to the Illinois Marriage and Dissolution of Marriage Act will be affecting the state’s approach to child custody proceedings. Beginning in 2016, parents will no longer be awarded sole or joint custody; instead, the parents or the court must determine a reasonable allocation of parental responsibilities. With the elimination of titles like custodial and non-custodial parents, however, it may be a little less obvious than before which parent, if either, will be expected to make child support payments.
Majority of the Parenting Time
According to the new law, a parenting plan or court-entered order for allocating parental responsibilities must include a designation of one parent as having the majority of the parenting time. The determination is to be made based upon the best interests of the child, of course, but will help serve several purposes. First, the parent with majority of the parenting time will be able to establish a permanent address for the child, allowing him or her to be properly registered in school. The same parent will also be considered the child’s custodian for all other state and federal laws that require such a designation.
When Mistaken Identity Could Be a Criminal Defense
Countless innocent individuals are wrongly accused because they are mistakenly identified as the person who committed the crime. When this is the case, criminal defendants can and should raise mistaken identity as a defense to the criminal charges that they face. Mistaken identity can be a good defense and it is a defense of innocence.
Every defense strategy that is available to you should be utilized when defending against a crime you did not commit. Mistaken identity defenses should be raised in addition to other defenses that support your position and your criminal defense lawyer should attempt to discredit eyewitness’ identification of you, as well as refute the evidence against you.
Why Does Mistaken Identity Happen in the First Place?
Sometimes an eyewitness is available in a criminal case who swears that the defendant is the person he or she saw commit the crime. While the witness’ belief is completely wholehearted (meaning the witness does not believe that he or she is wrong and that the witness is not lying), the witness’ recollection of the defendant simply might be mistaken. A number of factors can affect a witness’ ability to recall what criminal perpetrator looked like. For instance:
Criminal Law Changes Coming in 2016
The Illinois State Legislature has had a busy 2015. There have been several criminal law changes that are scheduled to take effect January 1, 2016. Many of these changes work in the favor of criminal defendants.
Aggravated Speeding
Illinois is still fine-tuning its aggravated speeding law. Currently, if you are driving faster than 26 miles per hour over the speed limit, but less than 35 miles per hour of the speed limit, you can be convicted of a Class B misdemeanor. The current maximum penalty is six months in jail and a $2,500 fine. You are also left with a criminal record.
The new law has given judges the ability to sentence defendants guilty of this Class B misdemeanor to Court Supervision. This means that the defendant will have to report to the court regularly and meet other requirements, including not getting into any more trouble, for a period of time. If the defendant complies the charges are dismissed after the period of supervision is over. When Court Supervision is successfully completed, there is no criminal conviction.
Field Sobriety Testing in Illinois
Law enforcement in Illinois takes driving under the influence of alcohol very seriously. Police regularly conduct DUI checkpoints, and pull over drivers who are suspected of operating a vehicle while under the influence. Before making an arrest, officers generally will ask a suspected drunk driver to participate in field sobriety testing, in accordance with 625 ILCS 5/11-501.2(a-5).
What Are the Standard Field Sobriety Tests in Illinois?
Many people have heard of field sobriety tests, but are not clear on what these tests are or what they entail until they are faced with them while pulled over on the side of the road. The standard field sobriety tests (FST) were developed by the National Highway Traffic Safety Administration (NHTSA) and consist of three tests designed to present indicators of intoxication of an individual. The tests include:
No More Sole or Joint Custody in Illinois
Beginning in 2016, divorced, separated, and unmarried parents in Illinois will witness the dawning of a new era regarding the legal responsibilities they will be expected to assume for their children. Thanks to a major overhaul of the state’s family law provisions, families will no long be defined by terms such as sole or joint custody, which have proven to be rather divisive over the last several decades. Instead, parents will be expected to develop a plan for a more fluid allocation of parental responsibilities, allowing the process to remain focused on the best interests of the child.
Significant Decision-Making Responsibilities
For many years, the concept of child custody-especially legal custody-has referred to the authority of each parent to make important decisions regarding the child’s upbringing. Sole custody meant that one parent was fully responsible for such decisions, while joint custody required the parents to work together. The new law essentially creates a new “default” position of the court, which presumes the parents will cooperate in making decisions about education, religious training, medical care, and extracurricular activities for their child.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100