Recent Blog Posts
Interference with a Penal Institution
When a person is convicted of a crime it can be hard for his or her entire family. While one family member is in jail or prison, the other members of the family have to make their way over many hurdles to spend time with the incarcerated person. Sometimes the incarcerated person may put pressure on his or her family members to break some of the rules, and even sneak in some forbidden items. Doing this and getting caught can result in severe consequences for everyone involved.
Bringing Contraband into a Penal Institution
It is a crime to bring contraband into a penal institution. What constitutes contraband? Contraband includes items such as alcohol, drugs, syringes or needles, weapons, firearms, ammunition, explosives, tools to defeat security mechanisms, cutting tools, and electronic contraband like cell phones and recording devices. Penal institutions include prisons, jails, halfway houses, and other similar institutions. A person can be found guilty of bringing contraband into a penal institution if the prosecutor can prove that a person:
Understanding Equitable Distribution in Divorce
Despite becoming a colloquial cliché, your ex-spouse will not necessarily get half of everything after divorce-not in Illinois, anyway. Instead, property division laws in Illinois are based on the principle of equitable distribution, a concept much more complex than adding up assets, subtracting debts, and splitting the result down the middle. Equitable distribution requires a couple-and the court, if necessary-to divide the marital estate in a manner that is fair, just, and accounts for each partner’s contribution to the marriage.
What is the Marital Estate?
The first consideration in the division of property process for a divorcing couple is to determine the assets and debts that are to be allocated. According to Illinois law, the marital estate includes any property acquired by either spouse during the course of the marriage, with very few exceptions. Gifts and inheritances to a particular spouse are not considered to be marital property, nor are property and proceeds generated by the use or sale of such gift or property. Likewise, property owned previous to the marriage and proceeds generated by it are not marital assets either.
What Is a White Collar Crime?
Some types of crimes are motivated purely by financial gain, and these types of crimes are called “white collar” crimes, referring to the non-violent and money-centric nature of these crimes. White collar crimes often involve fraud in some form, dishonest behavior, or the inappropriate handling of funds or money that belongs to someone else. White collar crimes are often characterized by a highly complicated scheme devised to improperly make or steal money without anyone either noticing that money is missing or being able to easily identify the source of the theft. When white collar crimes happen, many people are affected and victimized.
Most Common White Collar Crimes
There are a number of white collar crimes that result in criminal charges. Fraud is the most common white collar offense, and it takes many forms. Wire, mail and internet fraud; business, business investment, and business opportunity fraud; bank, insurance and mortgage fraud; medicare-medicaid fraud; and securities fraud are some of the most highly popularized and widely reported white collar crimes in the media. For example, failed Ponzi schemes and insider trading are two white collar crimes that many people have heard about in the news due to the high profile individuals that have been involved in these crimes.
Steps for Getting Your Driving Privileges Reinstated
When driving privileges are taken away in Illinois, they may be taken away in one of three manners:
- Driver’s License Suspension. When your driver’s license is suspended, your driving privileges have temporarily been withdrawn. You will get your driving privileges back so long as you do not do anything to make your situation worse. A suspension only lasts for a designated amount of time, or until you pay or reach an agreement concerning payment for money that you owe, such as for outstanding child support or unpaid court fines.
- Driver’s License Revocation. When your driver’s license is revoked, your driving privileges have been taken away indefinitely, and there is no guarantee that you will ever get them reinstated.
- Driver’s License Cancellation. When your driver’s license is canceled, you have no driving privileges in Illinois.
The Victims’ Rights Clause Confuses the Civil and Criminal Systems
Both the United States and Illinois have two different justice systems: the criminal justice system and the civil justice system. When you are charged with a criminal offense your case is supposed to be handled in the criminal justice system. However, over time some of the important distinctions between the two have become blurred. This is particularly clear when it comes to so-called victims’ rights provisions, like those found in the Illinois Constitution.
The Traditional Difference between the Criminal and Civil Justice Systems
The criminal and civil justice systems are different. The civil justice system is wherein civil lawsuits are filed by ordinary individuals. This system exists to address grievances that exist between private people, between a private person and a company, or between two companies. In contrast, the criminal justice system is meant to have nothing to do with private wrongs. Within the criminal justice system, a person may be accused of committing a crime against the state. That is why these cases are prosecuted by a “state’s attorney” rather than some private attorney hired by the accuser or his or her family. Each system has its own burden of proof and its own mechanism of justice. While in the criminal system, imprisonment is available if a person is found guilty, in the civil system the liable person is held responsible by being ordered to pay money to the injured person.
No Warrant, No Cell Phone Search
Being arrested for a crime can be a very frightening experience, especially if it has never happened to you before. It is easy to get caught up in trying to protect yourself by simply agreeing to any requests by the arresting officer, including searches of your property that might otherwise require a warrant. While becoming confrontational with law enforcement is not likely to be in your best interest, knowing your rights certainly is. Any violation of your rights could result in the charges against you being dismissed completely, which, as of last year, includes a warrantless search of your cell phone.
Search of Your Person
When you are arrested or detained, an arresting officer is permitted to conduct a search of your person for items that would present a danger both to him or her and to yourself. The search is also designed to prevent the destruction of evidence currently on your person, including controlled substances, drug paraphernalia, or other proof of criminal activity. Last summer, however, the United States Supreme Court declined to extend permission to the search of electronic devices, ruling instead that a warrant based on probable cause is required first.
Defendants’ Rights in the Illinois Constitution
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.
Right of First Refusal for Children Under Illinois Law
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.
Hazing Is a Crime
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.
Is Court Supervision a Conviction?
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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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100