Posted on June 17, 2015 in Sex Crimes

Prostitution is a crime that has been handled and mishandled many ways by society over the years. During some eras it has been ignored, in other eras it has been harshly prosecuted, and in some parts of the country it has even been legalized. It is still against the law in Illinois and the people engaging in prostitution often find themselves in need of the assistance of a criminal defense attorney. Now, however, Cook County has created a new program that will treat the people engaged in prostitution, who are all too often not prostitutes of their own volition, as the victims they are, rather than treating them as criminals.

A New Cook County Program

The Chicago Tribune reports that a new court will change the way prostitution charges are handled in Cook County. This program was in part made possible by a 2013 change in the state prostitution law that required that all prostitution cases be charged as misdemeanors rather than felonies. The court will be called the “Chicago Prostitution and Trafficking Intervention Court.” Its goals are to give people working in prostitution the tools they need to leave that life while at the same time reducing the overcrowding of local jails.

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 Posted on June 15, 2015 in Criminal Defense

In the wake of the killings of Michael Brown, Eric Garner, Tamir Rice, and countless other unarmed African-American men, women, and children by police officers, the public has finally started to demand that something be done about our nation’s police problem. One of the possible solutions that has been offered is requiring police officers to wear body cameras to record their conduct and misconduct. The footage created by these cameras could exonerate innocent officers, and, conversely, could be used to prosecute guilty officers. They may deter police misconduct. And, the footage could be used by criminal defense attorneys to prove when police officers violate defendants’ rights. Illinois may be the first state to enact legislation requiring police to use these cameras.

Bill Passes through Illinois Legislature and Awaits the Governor’s Signature

The State Journal-Register reports that the Illinois legislature passed a body camera bill and that it is waiting for the governor’s signature. This bill is the first of its nature to pass since President Obama convened the Task Force on 21st Century Policing. If the governor signs the bill, Illinois will be the first state to pass such a law. This one would include requirements regarding body cameras, would create new training for police officers, and would create a database where officers who commit crimes can be tracked so it is less difficult for problem officers to jump from department to department.

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 Posted on June 11, 2015 in Divorce

A generation or two ago, the phrase “digital footprint” would have sounded like made-up nonsense. Today, however, an individual’s digital footprint actually exists as an electronic trail left from the use of online and digital services. Many have likely recognized some of the ways in which marketers utilize such information; for example, dynamic advertisements on certain websites will be presented based on a user’s prior search and browsing history. Beyond advertisers, though, more and more data is being pulled from social media and cell phones to be used as evidence in divorce cases.

Cell Phone Society

It is estimated that more than 90 percent of American adults own and use cellular phones. Two-thirds or more own smart phones, allowing them to access the internet and run apps directly from the device. These numbers have continued to grow in the last several years, as mobile device use has become nearly ubiquitous in American culture. What many fail to consider, however, is the treasure trove of information such devices can be when another person may be looking for something to use against them.

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 Posted on June 10, 2015 in Your Rights

Some criminal cases result in dismissals or acquittals. Others result in plea bargains where a defendant admits his or her guilt of a crime in exchange for a more lenient sentence. In other cases a defendant is convicted at trial or pleads guilty without a plea agreement in place. In that lasts group of cases it is extremely important for a defendant to have an attorney who is experienced in handling sentencing hearings in order for the defendant to obtain the best possible outcome under the circumstances. Many individuals who are facing the possibility of very long sentences in these cases have questions about “cruel and unusual punishment.” Here we explain what the United States Constitution has to say about cruel and unusual punishment.

The Eighth Amendment

U.S. citizens’ right to be free from cruel and unusual punishment is found in the Eighth Amendment to the United States Constitution. This amendment says:

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 Posted on June 08, 2015 in Criminal Defense

Most people know that if you are facing criminal charges, and your case goes to trial, you have the right to a jury trial. Here in Illinois the right to a jury trial is in our state constitution. What many people do not realize, however, is that many criminal cases that result in trials do not result in jury trials. Instead, many people who are charged with a crime choose to have what is called a ¨bench trial.” In a bench trial, instead of having a jury decide whether you are guilty or innocent, the judge in your case makes the decision.

What Do Jury Trials Involve in Illinois?

People usually think of juries as being just like they are on television — made up of 12 people who are locked away from the public throughout the entire trial and who must all agree on any decision the jury makes. In reality, juries are different in each state, just like laws are different across state lines as well. In Illinois, criminal defendants have the right to a public trial by an impartial jury of the county in which the offense is alleged to have been committed. The jury will typically be made up of 12 members, and there may alternate jurors. Alternates are jurors who are there in case one of the original 12 get sick or injured or otherwise cannot continue to serve, thus requiring a substitution. Typically jurors are not sequestered, that is, not locked up in a hotel away from their families at night, even in serious cases. There has to be an extreme reason for a judge to sequester a jury in a regular criminal case. In Illinois all 12 jurors do have to agree in order for a defendant to be convicted or found not guilty. If they cannot agree the judge may declare a mistrial, which may result in the case being tried all over again. Jury trials generally take longer than bench trials because the jury selection process is a lengthy one, and jury trials also require specific steps, such as instructing the jurors on the law.

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 Posted on June 04, 2015 in Criminal Defense

Despite being legal since January 1, 2014, not a single Illinois resident has been able to obtain marijuana for approved medical purposes yet. After more than a year of administrative delays, the state government has indicated that the program should be up and running by the end of the summer. Lawmakers and citizens alike are understandably skeptical, and a measure recently passed both the state House and Senate that would extend the program back to its intended length.

The Medical Marijuana Program

In August of 2013, then-Governor Pat Quinn signed into law the Compassionate Use of Medical Cannabis Pilot Program Act, set to take effect at the beginning of the following year. The Act was aimed at determining the effectiveness of marijuana in helping patients with specified medical conditions while monitoring the impact of the drug’s medical use throughout the state. Included in the law was a sunset provision, intended to automatically end the pilot program on January 1, 2018, limiting its lifespan to four years.

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 Posted on June 04, 2015 in Divorce

When a couple decides to end their marriage, there are a number of difficult decisions they must ultimately make. Some of them involve the care and well-being of their children, while some are more financial in nature, such as dividing joint savings accounts. Others, however, seem to straddle the line between financial and familial considerations, and a common point of contention between spouses is determining if one spouse will stay in the marital home and which spouse that will be.

Is Keeping the Home Possible?

The first decision that must be made regarding the home is whether or not it is even possible for one spouse to keep it. A detailed review of the couple’s marital property often shows that their home is, by far, their most valuable asset. In an Illinois divorce, allocation of any asset to either spouse must be done under the state’s equitable distribution guidelines. This means that all marital property is to be divided fairly, not necessarily equally, based upon consideration of factors present in the marriage and divorce.

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 Posted on June 03, 2015 in Your Rights

Drones have now become a reality of law enforcement, and are a technology that any criminal defense attorney will have to become familiar with. Whether they are using them for surveillance, investigation, or other purposes, law enforcement will be utilizing these tools in the near future. In fact, one police agency here in Illinois has already announced its intent to do so.

Illinois State Police Plan to Use Drones

It was reported that the Federal Aviation Administration (FAA) has given the Illinois State Police permission to use drones. The state police currently plan to use the drones to photograph crash and crime scenes. On an interesting note, they are not calling the drones “drones.” Instead, they are referring to them as “unmanned aircraft.” They claim that they are not currently implementing their program for surveillance purposes.

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 Posted on June 01, 2015 in Criminal Defense

Finding a wallet or purse forces you to make some choices. Ideally you would seek out the owner or turn it in at a lost and found or police station. But sometimes the temptation is too great and people keep these items. This can result in criminal charges and, depending on what a person does with the credit cards in a wallet, can result in felony charges. Misuse of your own credit cards can also result in similar trouble.

Possession of a Lost Credit or Debit Card

Under certain circumstances possession of a lost credit or debit card can actually be a crime. It is not a crime to find such a credit card and hold on to it while you try to get in touch with the owner. However, if you receive a credit card and you know it is lost and you hold onto it in order to use it or sell it or give it to someone other than the legal cardholder, then you may be guilty of a crime. This crime is normally a Class 4 felony, but if in one transaction it is committed with three or more credit or debit cards, it is a Class 3 felony.

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 Posted on May 28, 2015 in Criminal Defense

Thanks to modern technology, obtaining a false identification card, or fake ID, has become easier than ever. Any individual with internet access and a few dollars to spend can a run a quick Google search and find a number of options for obtaining a realistic looking ID. For some, a fake ID may be a means to commit more serious acts of fraud such as identity theft or other related activities. The vast majority of fake IDs, however, are used by underage individuals to get into bars or clubs and to illegally purchase alcohol.

Illinois Identification Card Act

State law in Illinois defines a fraudulent identification card as any card that "purports to be an official identification card for which a computerized number and file have not been created by" any governmental or quasi-governmental organization. Similarities in color, design, size, wordmarks, or photograph location to an official card issued in Illinois or any other state or country may be deemed a fake ID. A person found to be in possession of such a card can potentially be charged with a Class 4 felony in addition to the suspension of driving privileges and other administrative penalties.

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