Posted on May 27, 2015 in Criminal Defense

Sometimes the job of a criminal defense attorney is to convince a prosecutor, judge, or jury that the defendant did not do what he or she is accused of doing. In other cases, however, the defendant may have committed a crime, but he or she had a good, legally recognized reason for doing it. Three of these possible criminal defenses are compulsion, entrapment, and necessity.

Compulsion

Compulsion is a legally recognized defense in Illinois. In Illinois a person is not guilty of a crime if he or she believes that death or great bodily harm will be inflicted upon him or her, his or her spouse, or his or her child if the person does not do the acts that would otherwise be criminal. The person must be committing the acts that would otherwise be criminal under the threat or menace of imminent infliction of death or great bodily harm in order for this defense to apply. Historically some courts held that wives were entitled to a presumption of compulsion if their husbands were present when they committed what would seem to be criminal acts, but that is no longer the law in Illinois.

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 Posted on May 26, 2015 in Divorce

Like many things in life, marriage and divorce are not necessarily defined in “black and white” terms. While there is obviously a level of certainty to getting married and the finalization of a divorce decree, most couples probably find that their relationship exists somewhere in the so-called “gray area.” This may be particularly true for a couple experiencing a degree of trouble in their marriage but are not ready or able to simply put an end to the relationship. For such couples, legal separation may be an option that helps them through a challenging period.

Trial Separation and Legal Separation

Although impossible to truly count, many couples will experience, at some point, a level of doubt about the future of their marriage, and often consider a trial separation. Creating physical space between spouses in a troubled relationship can sometimes improve perspectives for the partners while living separately. While such a decision is common, it must not be made lightly, as experts indicate that trial separations have a mixed track-record when it comes to saving the marriage.

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 Posted on May 25, 2015 in Criminal Defense

Drug possession is one of the most prosecuted crimes in the American criminal justice system. Far too many people spend serious time in our jails and prisons for simply possessing a personal use quantity of a controlled substance. In fact, many of the people who are prosecuted possessed only marijuana. Fortunately, some states are taking steps to lessen or eliminate the penalties for marijuana possession. While Illinois has not yet taken steps to legalize marijuana possession, it is taking steps to decriminalize the substance.

Senate Committee Passed Important Marijuana Bill

The State Journal-Register reports that a state senate committee has passed a bill that would treat marijuana possession like a speeding ticket. The bill is called House Bill 218. If the current version of this bill were to become law it would make possession of 15 grams or less of marijuana punishable by a fine of up to $125. People who received one of these tickets would be eligible to have their records expunged after six months. To put this into perspective, 15 grams is roughly a half-ounce of marijuana, or enough to make between 20 and 30 joints. This bill already passed in the House by a vote of 62-53. The next step is for the full Senate to vote on the bill. If it passes there, it would go to the governor. Governor Bruce Rauner has not made any public statements about his position on the law, but he has made public statements supporting the idea of reducing our state’s incarcerated population. Supporting this bill would certainly accomplish that goal.

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 Posted on May 21, 2015 in Criminal Defense

Most Americans are old enough to remember a time when the fastest way to reach someone was to call them on the telephone at their home or work. If that person was out or on another call, the caller would likely need to try again later. Obviously, the innovation of cellular technology has changed the social mindset on communication completely. Today, virtually anyone can be reached in a matter of seconds, either by phone or text message. However, such convenience has brought with it a new level of danger, especially for those who use mobile technology behind the wheel, leading many states, including Illinois, to place limits on cell phone use while driving.

Cell Phone Restrictions

In 2014, restrictions on the use of cell phones went into effect for Illinois drivers, at the time making Illinois the 12^th state to prohibit the use of hand-held phones. According to the law, the hand-held use of a cell phone for voice conversations is prohibited for all drivers throughout the state, with possible exceptions for emergencies. The proper use of GPS devices and other uses of cell phones, including as a music player, are permitted.

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 Posted on May 20, 2015 in Criminal Defense

When it comes to gun crimes, Illinois has some of the strictest and harshest laws in the country. While these strict laws apply to firearms, there are special laws that apply to air guns in our state. There are strict rules as to who may possess them and where they may be used. Ignoring these regulations can result in being charged with a petty offense.

What is an Air Rifle?

For legal purposes, Illinois statute defines what an air rifle is. This definition includes any air gun, air pistol, spring gun, spring pistol, BB gun, paintball gun, pellet gun, or non-firearm that shoots paintballs or pellets with a force that reasonably is expected to cause bodily harm.

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 Posted on May 19, 2015 in Child Custody

The education of your child is likely among your most important priorities. You want your child to learn and obtain the skills necessary for success in today’s world. Like most high-priority issues, however, a child’s education is not without its share of complications. This is especially true if you are not married to your child’s other parent and, together, you are subject to a child custody order. You may wonder, like many parents, what role your child’s school is expected to play in enforcing your custody order.

Custody Basics

In Illinois, child custody may be granted in two basic ways, based on the consideration of the entire situation and the child’s best interest. In some cases, a court may determine that the child would be best suited by the granting of sole legal custody to one parent, while the other parent retains visitation rights. In other cases, joint legal custody may be more appropriate, requiring the parents to each take responsibility in decision-making for the child. Typically, both types of custody arrangements will establish some sort of schedule for the child to spend time with each parent.

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 Posted on May 18, 2015 in White Collar Crime

Often times politicians and government employees frustrate the taxpayer. Most of the time this is just a matter of political disagreement, and while it can lead to heated disagreements, the criminal justice system does not get involved. However, sometimes things go a bit further and there are actual accusations of criminal wrongdoing. In many situations government employees and public officials have protections from being prosecuted for doing their jobs, but there are lines that they can be accused of crossing. One crime of which they may be accused is known as official misconduct.

What is Official Misconduct?

Official misconduct is divided into two types. One type is official misconduct by a public officer or employee or special government agent, while the other is official misconduct by an employee of a law enforcement agency. The first type of official misconduct occurs when any of the covered individuals does any of the following when acting in his or her official capacity or capacity as a special government agent:

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 Posted on May 14, 2015 in Criminal Defense

Facing criminal charges can be frightening for anyone. Being charged with a crime that you are not sure you understand can be virtually overwhelming. For many people, their only exposure to the criminal justice system is what they see on the news or read in the newspaper, which can lead to confusion over the definition of particular offenses and crimes. This is particularly true of charges that are frequently related and brought in conjunction with one another, such as assault and battery. If you have been charged with either or both of these offenses, it is critical that you learn the difference between them.

Assault

While many may think they know what the charge of assault encompasses, they are often surprised to learn the actual legal definition. Under Illinois law, assault is any conduct that places another person "in reasonable apprehension of receiving a battery." Assault could be as simple as throwing a punch or as aggravated as brandishing or discharging a firearm. It is important to keep in mind that there no requirement of injury to justify assault charges, as charges are based on the victim’s reasonable apprehension.

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 Posted on May 13, 2015 in DUI/DWI

Illinois is slowly limping into the age of medical marijuana. While getting the system up and running is taking some time, there are some very good things in the state’s medical marijuana laws. One of those good things has to do with how medical marijuana patients will be treated when it comes to DUI charges.

Illinois DUI Marijuana Charges for Non-Medical Marijuana Users

People who choose to use marijuana in Illinois without the protections that are afforded to medical marijuana users run serious risks if they are ever pulled over on suspicion of a DUI. Under Illinois statute, a person can be found guilty of DUI if he or she drives or is in actual physical control of a vehicle while there is any amount of a drug, substance, or compound in his or her blood, breath, or urine resulting from the unlawful use or consumption of cannabis. Now, as most marijuana users are aware, certain metabolites of marijuana can remain in a person’s system for days or even weeks after the drug has been used and the effects of the drug have worn off. This means that technically a person who uses non-medical marijuana in Illinois and then drives two or three weeks later can be prosecuted for driving under the influence of drugs, even though all of the science indicates that the marijuana would be having no effect on the person’s driving at that time.

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 Posted on May 12, 2015 in Divorce

A successful marriage requires the full investment and cooperation of both partners. Conversely, a marriage will deteriorate quickly if one partner is no longer interested in preserving the relationship. While the marriage may be falling apart, divorce can be even more difficult if one spouse is reluctant to accept the end of the marriage. However, if you have decided that you wish to pursue a divorce and your spouse refuses to consider the idea, there a few things that you can do.

Be Respectful of the Process

When you decide you are ready for divorce, you probably did not arrive at that conclusion without a great deal of thought and consideration. It is important to recognize that your spouse deserves the opportunity to think and consider the situation in the same way. By telling him or her that you want out of the marriage, the resulting emotional turbulence can make it very difficult for your spouse to objectively look at the future of the marriage. Give him or her the space necessary to process the reality of the relationship, and, over time, it is possible that the necessary solution will become evident.

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