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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 Posted on October 19, 2015 in Expungement

A person’s criminal record is available to and viewable by the public and many people who have a criminal record in their history find that the existence of that criminal record causes a lot of problems. A criminal record might prevent someone from getting a job opportunity, or a scholarship. It can even cause a person problems if they are trying to get into professional school. For those individuals with a criminal record, there is the possibility that your criminal record can be expunged.

What Is Expungement?

Expungement is a legal process for which eligible candidates can petition the court of their sentencing county, and, if successful, an expungement effectively erases past crimes, court supervisions, and certain probations from the individual’s criminal record. This means that your criminal record is cleared of any evidence of those particular convictions, supervisions, or probations. To think of this another way, expunged records are destroyed.

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 Posted on October 16, 2015 in Criminal Defense

Every few weeks, local headlines celebrate the success of another prostitution sting. Inevitably, the stories are similar: law enforcement officials went undercover, posing as prostitutes or "johns" to help clear the streets of sex-for-hire activities. While the average citizen may not think twice about such police action, if you have been arrested for prostitution or soliciting a prostitute, the manner in which the sting was conducted can have a drastic impact on outcome of your case. Many stings border on entrapment, and it important to understand exactly what that means.

What is Entrapment?

Under Illinois law, a person is not guilty of criminal activity if he or she was "incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person." Such inducement is called entrapment, and the law is meant to prevent law enforcement from convincing a person to commit a crime they would not have committed otherwise. Providing an opportunity to commit the crime, however, is not considered entrapment, and the part of law upon which prostitution stings typically rely.

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 Posted on October 14, 2015 in Prenuptial Agreements

When many people think about a prenuptial agreement, the first thought that comes to mind is a wealthy, celebrity couple looking to protect their individual assets and property. Prenuptial agreements, sometimes called premarital agreements, are certainly useful in providing financial security in the event of a possible divorce, they do not have unlimited contractual powers. Before signing a prenuptial agreement, it is important to recognize some of things they cannot do.

They Cannot Be Too One-Sided

Provisions regarding the powers and limitations of prenuptial agreements are contained in the Illinois Uniform Premarital Agreement Act. While there are several possible reasons that an agreement could be found to be unenforceable, including coercion or deception, only one concerns the terms of the agreement itself. A prenuptial agreement will not be enforced if it is shown to be unconscionable. So what does that mean?

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 Posted on October 14, 2015 in Domestic Violence

Domestic violence is not always physical abuse. Sometimes domestic violence takes the form of emotional abuse, which is executed by the use of threats. Threats can take the form of words or gestures, and under Illinois law, the use of threats against a family or household member is illegal and victims can be protected from it. Threats are considered a form of harassment, because threats, such as threats of physical violence and threats confinement or restraint, are used to cause the victim emotional distress.

Orders of Protection

Victims of domestic violence can seek a protection order from the courts, which prohibit the alleged abuser from abusing them. In the case of alleged threats, the protection order will force the person making the threats to stop doing so.

But sometimes victims claim they are being threatened, when really no such thing happened. False allegations of domestic violence can be made when a “victim” feels threatened, but has ulterior motives for making the false or inflated allegation. There are a number of reasons a “victim” might make a false allegation of domestic violence, such as:

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