Recent Blog Posts
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.
Criminal Defenses: Having an Alibi for Criminal Accusations
Criminal charges are based on some sort of evidence that was found at the scene of the crime, that tends to point to a particular person. The evidence might not necessarily confirm that a suspect committed the crime, but the evidence suggests that the suspect has some relationship to the crime, such as having been present at the scene of the crime at some point in time or that the suspect had ties to the victim, etc. Alibis are a powerful tool for criminal defense as they can refute criminal accusations.
What Are Alibis?
When a suspect has an alibi, it means that the suspect was somewhere else, doing something else, or was with someone else at the time the alleged crime was committed. A valid and confirmable alibi provides evidence that the suspect/defendant is not the person who committed the crime because he or she was somewhere else or doing something else. An alibi is not an affirmative defense in Illinois, meaning even if the criminal defendant can prove the alibi, the jury is still tasked with making the decision as to whether to convict or not. However, a strong alibi is difficult for the prosecution to refute and the jury to ignore.
New Law Allows Four-Time DUI Offenders One More Chance
Thanks to a new law signed last month by Illinois Governor Bruce Rauner, the fourth time may be the charm for some of the state’s repeat DUI offenders. Beginning January 1, 2016, those who have been convicted four times for driving under the influence may still be able to obtain a restricted driving permit and get back behind the wheel. The measure has been met with mixed reactions, as many believe that a four-time offender has already squandered his or her opportunities.
Thousands Possibly Impacted
According to recent estimates, there are currently more than 5,000 residents of Illinois who have been convicted of DUI on four separate occasions. Thus, when the measure goes into effect, a significant number of families could potentially be affected. Under current law, a four-time offender is prohibited from legally driving again, making it very difficult to continue working and to provide properly for his or her family. With at least the chance to obtain a restricted driving permit, an offender’s family may not be forced to bear the brunt of his or her actions forever.
Strategies for a DUI Trial
Many people who are charged with DUI under Illinois law are first-time offenders, and they have no idea what the DUI trial process will be like or even how it should be approached to either get the case dismissed or get the charges reduced. An experienced DUI criminal defense attorney with many years of trial experience can acquaint you with the process, and after developing an understanding of the facts about your specific DUI case, your attorney will be able to help you develop the best strategy for your trial.
The fines and penalties for a DUI conviction are significant and cannot be taken lightly, so presenting your best possible defense to the charges you face is in your interest. You want your DUI charges to go away, and a skilled and experienced criminal defense attorney will be able to evaluate the options that are available. to you. There are a number of strategies you may be able to utilize. For instance, you may present any of the following:
Statute of Limitations for Criminal Charges
Criminal charges need to be brought as soon as possible in order to expedite justice and to ensure that critical components of the crime, such as evidence and witnesses’ recollections of the events that took place, are fresh and viable. But that is not to say that some charges cannot be brought against an accused many months or years after the actual crime took place. As such, one question remains: is there any limit on how long after a crime that charges can be brought?
Most criminal charges are subject to a statute of limitations, which is a window of opportunity in which charges for a crime must be brought against the accused or else they will be time barred, at which point a court will no longer hear the case against the accused. A statute of limitations begins either after the crime is committed or a victim learns that a crime has been committed against him or her. The statute of limitations forces the state’s prosecutors to move forward on a criminal case in a timely manner.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100