Posted on November 05, 2015 in Criminal Defense

After almost two years of bureaucratic delays, the wait for medical marijuana in Illinois may be coming to an end. According to regulatory officials, the first legal crop has been harvested, processed, and is ready to be tested. Growers and industry leaders expect that the state’s legal outlets for marijuana distribution, known as dispensaries, are expected to open their doors in the next two weeks, and qualified patients are optimistic that it will finally be happening.

Smaller-Scale Operation

When the medical marijuana pilot program gets off the ground, it will do so on a scale well below that of original estimates. So far, only six dispensaries have been granted license to begin operating in the state, far below the 60 companies which sought approval. The number of qualifying patients, as well, is much lower than initially anticipated. With expectations of around 100,000 registered medical marijuana patients, the actual number is currently at about 3,300. Efforts to expand the list of qualifying conditions have been blocked by Illinois Governor Bruce Rauner, who has expressed reluctance to make any changes to the program before it actually gets started.

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 Posted on November 05, 2015 in Shoplifting

Many people do not realize that the crime of retail theft takes multiple different forms. For instance, retail theft under 720 ILCS 5/16-25 occurs whenever someone in Illinois knowingly:

1. Takes something from a retailer without paying. The most typical form of retail theft involves taking an item from a retail establishment where the item was for sale, with the intent to keep the item, and thus deprive the store of the item, without paying for it.
2. Changes or removes the price tag. Altering the price tag or labeling of an item so that it appears that the item costs less than it actually does, and then taking advantage of the misrepresentation to obtain the item for less than it costs, is a form of retail theft.
3. Swaps Packaging. Taking one item out of its packaging, and placing it in the packaging of another, cheaper item, in order to pay the lower price, is a form of retail theft because the seller loses out on the full retail value of that mispackaged item.

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 Posted on November 03, 2015 in Alimony

Eight years. That is the average length of a marriage that ends in divorce in the United States and it is among the lowest of any country in the world. Following a divorce, state laws around the country provide that, in some cases, one spouse may need financial assistance from the other for a period of time to allow the disadvantaged party the opportunity to be self-sufficient. While spousal maintenance may seem like a reasonable option for situations involving marriages that lasted a long time, many individuals considering divorce often wonder if the same type of support may be available for shorter marriages. As with most aspects of divorce, the answer is a resounding "maybe."

Deciding on Spousal Maintenance

No matter how long your marriage may have been, you have the right to request spousal maintenance in your divorce. Of course, it may not be granted, but there is nothing stopping you from seeking it. While the length of your marriage is a factor that the court will consider when making a decision, it is only one of many considerations. Others include the income and resources of each party, how your earning capacity was affected by your role in the marriage, how you contributed to your spouse’s career or earning capacity, your needs, those of your spouse, arrangements for your children, if any, and the likelihood and time needed for you to become self-sufficient. The court will also look at the standard of living created by the marriage and determine if you should be entitled to a maintenance award.

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 Posted on November 03, 2015 in White Collar Crime

Falsifying financial documents can take many forms: falsifying tax returns, bank statements, financial records, accounting documents, earnings reports, securities information, income statements, signatures, and checks are all actions that are meant to deceive the recipient of the falsified document into believing one thing, when the truth is another. These types of white collar crimes constitute deception-based crimes, which take advantage of someone else for personal financial gain.

Forgery

Under 720 ILCS 5/17-3, a person is guilty of committing forgery if he or she knowingly makes a false document or alters a document to make it false with the intent to defraud someone such that the forged document is capable of defrauding another. Forgery can including knowingly giving someone a forged document, with the intent to defraud the recipient, or simply being found in possession of a forged document with the intent to deliver the forged document to someone, with the intent to defraud.

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 Posted on October 28, 2015 in Criminal Defense

You have probably seen or heard about search warrants in movies or on television, but the way they are used in real life can be quite different. Search warrants give law enforcement permission from a court to search your property. Warrants can be issued that allow law enforcement to search your home, business, computers, car, cell phone, or any other property you may have.

When Are They Needed?

The U.S. Constitution and Illinois law protect you from unreasonable searches. This means that the police, or other law enforcement agency, must usually have your permission or a search warrant before entering your property to look for evidence of a crime.

If the police ask to come into your house to look around and you give them permission, they do not need a warrant. Anything they find can be used against you in court. However, if the police ask to search your house and you tell them they need a warrant, they cannot then search your house without first obtaining a search warrant from a judge, based on probable cause.

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 Posted on October 28, 2015 in Homicide

Accidentally killing another person with a vehicle is a tough thing to live with, and while the defendant never meant to take a life, he or she will likely be prosecuted if there is evidence to suggest that the driver acted negligently in some way, and that the negligence led to the death. Frequently, defendants in these types of situations find themselves facing criminal charges, and based on the facts surround the fatal accident, additional charges can be brought against the defendant as well that carry more severe penalties.

Reckless Homicide, Plus Other Charges

The exact details of the accident can have an impact on what charges can be brought against the defendant. As an initial matter, when a motor vehicle accident results in a fatality, an allegedly negligent driver is usually charged with reckless homicide under 720 ILCS 5/9-3, which is a Class 3 felony that carries a jail sentence of between two and five years. But other negligent actions can add to the charges.

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 Posted on October 26, 2015 in Child Custody

According to Professor Karen Kramer of the University of Illinois at Urbana-Champaign, in the 1970’s, less than ten American men identified as stay-at-home dads. Not less than ten percent. Less than ten men. In fact, according to Kramer’s research, the number may have been closer to six. In 2014, the number of stay-at-home dads was estimated to be around 1.9 million, not only a staggering difference from 40 years ago, but as much as 16 percent of all stay-at-home parents in the country. There are, of course, a number of factors that contribute to the evolution of stay-at-home parenting for men, including unemployment and disability, but many simply have the choice to be home with the children and seize the opportunity.

Defining a SAHD

The U.S. Census Bureau is normally responsible for gathering demographic information on stay-at-home caregivers, including stay-at-home moms, or SAHMs, and stay-at-home dads, or SAHDs. However, the Census Bureau does not include dads in same-sex relationships, single dads, or dads of children older than 15 as eligible for consideration as SAHD. The Pew Research Center, on the other hand, reviewed the census data while looking differently at the information. When considering any father at home with children 18 or younger in the same household, Pew found that nearly 2 million men are now stay-at-home dads, down slightly from the all-time high of 2.2 million men in 2010, at the end of the last recession.

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 Posted on October 26, 2015 in Traffic Offenses

Drag racing, sometimes also referred to as street racing, involves at least two vehicles competing in a speed race against one another. Drag racing can be a straight shot, meaning that the racers maintain a straight path, or could be a race along a designated course that comprises public streets, roadways and highways. The object of drag racing is for one driver to arrive at a destination first, and within a short amount of time. However, sometimes the point of street racing is to prevent another vehicle from passing, or is to test the physical limitations and stamina of drivers over the course of a long driving route.

Street racing has been highly popularized over the last decade or so due to its appearance in a number of movies and high profile celebrity deaths. However, drag racing and any other form of racing is illegal on the roads and highways of Illinois under 625 ILCS 5/11-506, and the consequences of being caught participating in street racing activities are severe criminal charges with lasting effects.

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 Posted on October 21, 2015 in Child Custody

In today’s world of viral photos, many images are shared and quickly forgotten. Some, however, leave a lasting impression, especially when that impression is one of love and caring. Such was the case with a series of candid wedding photos that made the rounds on social media outlets last month, which many have found to be a source of inspiration for children of divorced and remarried parents.

A Loving Surprise

One of the major challenges facing remarried couples and blended families is determining the roles that are appropriate for each parent and stepparent. This can be especially difficult when preparing for a major family event like a wedding. Even in the best of situations, stepparents may not be sure how to act or what to expect, and, due to their devotion to their stepchildren, are often willing to step aside and remain relatively unobtrusive.

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 Posted on October 21, 2015 in Juvenile Crimes

Weapons in schools is an issue that teachers, professors, principals, and school districts do not take lightly, and often any student who brings a weapon into the classroom faces severe consequences for this juvenile offense. A school can be any place of learning, which includes public and private educational institutions ranging from elementary level to college or university.

Severity of Punishment Tied to the Type of Weapon

Illinois statute 720 ILCS 5/24-1(c) specifically addresses how no one may bring weapons into a school, carry weapons on a school bus, or even have a weapon within 1,000 feet of a school. The punishments associated with these crimes vary depending on the threat or potential danger associated with the weapon.

• Guns, rifles and bombs. Under the statute, if a person brings a weapon into a school, such as a gun, rifle, or a bomb, that person will be charged with a Class 2 felony, and faces between three and seven years of jail time;

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