Posted on July 29, 2015 in Your Rights

Most people know that when you are charged with a criminal offense that you have certain rights under the United States Constitution. However, what many people do not realize is that each state also has its own constitution, and those constitutions provide additional protections for criminal defendants. To be sure, Illinois has protections for criminal defendants in its constitution as well.

Protections that Are Similar to Federal Protections

Some right enumerated in the Illinois Constitution are basically the same as or exactly the same as those listed in the United States Constitution. For example, the two documents provide some of the same protections when it comes to searches and seizures. However, the Illinois Constitution goes further and actually addresses specific issues like eavesdropping and invasions of privacy, which are not specifically discussed in the United States Constitution. The Illinois Constitution also provides a right to counsel, a right to confront witnesses, a right to compel witnesses to testify, and a right to a speedy public trial. All of these rights are similar to rights guaranteed by the United States Constitution. There are also similar prohibitions on self-incrimination and double jeopardy.

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 Posted on July 28, 2015 in Child Custody

The right of first refusal is the requirement that a divorced or separated parent always contact his or her child's other parent to care for the child when he or she needs a babysitter, rather than contacting another relative or a friend. If the other parent cannot take the child at that time, the parent seeking childcare may then seek it from another individual – but only after first offering it to the child's other parent. This is because, in most cases, it is best for a child to spend time with his or her parents.

In 2013, the Illinois House of Representatives passed HB2992, which amended the Illinois Marriage and Dissolution of Marriage Act to allow courts to consider this right when developing child custody arrangements. The amendment provides family courts with the discretion to include the right of first refusal in child custody or visitation orders as appropriate.

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 Posted on July 27, 2015 in Criminal Defense

Hazing used to be a regular part of high school and college life, but now it is often considered a criminal offense. As a result of hazing going too far at multiple institutions and students being seriously hurt or even killed, a once normal right of passage is now forbidden by schools and universities. Engaging in some types of hazing can lead to a student being in serious trouble, not just with his or her school, but with the law as well.

The Law against Hazing

Illinois statute forbids certain kinds of hazing. Legally speaking, a person commits hazing when he or she requires the commitment of any act by a student or other person in a school for the purpose of induction into any group connected with the institution if two specific requirements are met. First, the act must not be sanctioned or authorized by the educational institution. Second, the act must result in bodily harm to any person. As such, harmless traditional types of hazing may not result in legal action, although they may still be against school policy and result in suspension or even expulsion under some school rules. However, any type of hazing that could result in someone getting hurt, including alcohol-related hazing, could result in criminal charges. Usually hazing is a misdemeanor, but if it results in death or great bodily harm, the charge can be a felony.

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 Posted on July 23, 2015 in DUI

When you have been charged with a crime for the first time, it can be very overwhelming. The criminal justice system can seem very confusing, impersonal, and, often, extremely frightening. You probably realize that a conviction on criminal charges can carry serious penalties and greatly impact your future opportunities. In some cases, however, such as a first-time DUI offense or misdemeanor retail theft, you may be eligible for court supervision as a preferable alternative.

Court Supervision Defined

Under Illinois law, for most misdemeanor offenses, a presiding judge may elect to place a defendant under the supervision of the court rather than immediately handing down a conviction. An order for court supervision, in effect, places the criminal proceedings on hold for a reasonable amount of time based on all of the relevant factors in the case. The law limits the length of such orders to a maximum of two years, which may only be extended in very specific circumstances. During the period of supervision, a defendant is expected to fully comply with the conditions set forth by the court, or risk imprisonment and revocation of the order.

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 Posted on July 22, 2015 in Criminal Defense

Adolescence is a time of rebellion. Whether a child’s family circumstances are wonderful or horrifying, a normal part of being a teenager is testing boundaries and beginning to assert authority over one’s own life. One way many teenagers, and sometimes younger children, try to assert some control is through body modification, including piercing and tattoos. However, there are strict regulations regarding providing these services to minors. If you provide either of these services to a minor in violation of these regulations, you can find yourself charged with a criminal offense.

Tattooing the Body of a Minor

One such offense is tattooing the body of a minor. A person is usually guilty of this offense if he or she tattoos a person under the age of 18. There is an exception to this law for doctors since they have to tattoo patients undergoing certain treatments for conditions like cancer. This law is so strict that people under 18 are not even allowed to be in tattoo parlors unless they are accompanied by a parent or legal guardian. Tattooing for purposes of this law is defined simply as inserting pigment under the skin of a human being by pricking with a needle to create a visible mark. Interestingly a person who tattoos a minor cannot be prosecuted under this law if he or she him or herself is a minor, so long as the tattooing is not done at a tattoo parlor. There are also certain exceptions for registered tattoo parlors to help remove gang tattoos and tattoos given to victims of human trafficking. Otherwise, tattooing a minor is considered a Class A misdemeanor so it can result in not only a fine, but jail time as well.

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 Posted on July 20, 2015 in Criminal Defense

Parenting a child is hard. It is one of the hardest things there is to do, and while there are plenty of books on it there is no one agreed upon instruction manual that works for parenting every single child. Because of this the government has traditionally given parents significant leeway when it comes to making parenting choices. However, particularly in modern times, there are some sorts of parenting issues in which the government does involve itself. While the physical or sexual abuse of a child are some of the most drastic cases, issues like child endangerment and abandonment can also result in criminal charges.

What Is the Crime of Child Endangerment?

While the crime of child endangerment seems like it could include almost anything, it has a narrow definition defined by Illinois law. In order to be guilty of this crime a person must either (1) cause or allow the life or health of a child under the age of 18 to be endangered, or (2) cause or allow a child to be put in circumstances that endanger his or her life or health. A common cause of this sort of charge is leaving a child unattended in hot car. As a general rule a child under age six is considered “unattended” if he or she is left in the car for more than 10 minutes, although the jury can consider other issues. Depending on whether the offense is a first offense and whether the child dies as a result of the endangerment, this crime can be a felony or a misdemeanor. If the person who endangers the child is the child’s parent there is a special program under which the parent can be placed on probation and, if the parent cooperates and works with the Department of Family and Children’s Services, the charges may be dismissed.

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 Posted on July 16, 2015 in Criminal Defense

The spring legislative session was a fairly busy one in Springfield as lawmakers passed a number of measures that now await action by Governor Bruce Rauner. One such bill, which has been referred to as the "transfer reform bill," is designed to grant juvenile courts additional authority in deciding whether or not to try an alleged juvenile offender as an adult. The measure hopes to increase rehabilitative efficacy and prevent more young people from entering an unbreakable cycle of crime and punishment.

Automatic Transfer Laws

In 1899, Cook County was the first jurisdiction in the country to introduce a juvenile court system. Based on the premise that adults and children were inherently different, lawmakers agreed that appropriate consequences for criminal activity should generally differ based on age and maturity. As crime in the 20^th century peaked, however, a wave of "war-on-crime" efforts swept the nation, leading to new laws allowing more juveniles to be tried in adult criminal courts.

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 Posted on July 15, 2015 in Your Rights

Two of the most common types of criminal charges are drug charges and weapons charges. These two types of cases have something in common. They often involve a police officer searching some area (like a car or a home or a person) and finding an item that is the very basis of the crime, like a gun or drugs. Of course, many people understand that in most situations the police need a warrant to go in and search someone’s home. This is ultimately because of the Fourth Amendment. However what many people do not understand is that, because of some United States Supreme Court decisions, the police usually do not need a warrant to search a vehicle.

Occasionally the Police Need a Warrant to Search a Car

Very often police do not need a warrant to search your vehicle. Certainly, however, there are some exceptions. For example, if your car is being stored in your garage at your home and none of the warrant exceptions apply that would allow the police to search your home without a warrant, then they probably cannot search the car without a warrant (or your permission) either. This is because without your permission or a warrant, they cannot go into the garage. However, if your car were parked on a public street in front of your house, then a warrant likely would not be required.

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 Posted on July 14, 2015 in Divorce

You know how tough it can be to talk with your children about certain realities of life. At some point, you will likely be required to discuss with them challenging issues such as the death of a loved one, bullying or social concerns, and physical and emotional changes related to adolescence. For many parents, speaking with their children about divorce is incredibly difficult. It is, however, a conversation that must take place in order to maintain your children’s trust and to help ensure they understand the changes that will be occurring. A recent post on this blog discussed some ways to prepare for talking to your kids about divorce and today’s will look at important details of the actual conversation.

Schedule Your Talk

The discussion about your imminent divorce is not one to casually begin in the car on the way home from the movies. You and your children need to set aside the appropriate time to work through the details without feeling rushed or pressured. Also be sure that you and your spouse have reached the “point of no return” regarding divorce or separation. Telling your kids that you are “considering” a divorce or separation will only cause unnecessary uncertainty at an already confusing time. Let them know that changes are happening, not that they might.

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 Posted on July 13, 2015 in Sex Crimes

Google made big news recently when it announced its decision to remove nude or sexually explicit images posted on the internet without consent from its search results. The practice of posting private sexual images without the consent of the person in the pictures is commonly referred to as “revenge porn.” This name comes from the practice of jilted lovers posting intimate pictures of an ex once a romantic relationship has ended. Historically there were few laws governing this practice. However, Illinois recently passed a strict criminal law that deals with this issue.

Illinois Passed a Strict Law against Revenge Porn

In December of last year, former Governor Quinn signed a strict anti-revenge porn law into effect before leaving office. This law goes so far as to make it a felony to post sexually explicit photos or videos of another person online without his or her consent. This new law just went into effect on June 1. The crime is a Class 4 felony, which can be punished by one to three years in prison and a fine of up to $25,000. Additionally, if a person who posts these images makes money off of them or receives any goods in exchange for posting them, the law requires that the money or goods be forfeited. The law does not just cover pornographic websites. It also prohibits the posting of these images without consent on other types of websites, including social media websites.

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