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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 Posted on May 11, 2015 in Violent Crime

Many people base most of their knowledge of the criminal justice system on what they see on television. Some of the information on television is accurate, particularly when it comes to news reporting on police misconduct and other related issues. But many people’s beliefs about criminal justice come from fictional crime procedural shows, and often the information provided by these shows is inaccurate. People do not realize that their understanding is mistaken until they find themselves in need of the help of a criminal defense attorney. One such common misconception regards what constitutes first degree murder.

The Misconception: First Degree Murder Requires Premeditation

Television shows, books, and conventional wisdom leave many Americans with a mistaken belief regarding first degree murder. Most people believe that in order to be convicted of first degree murder the prosecutor must prove that the murder was premeditated — that the defendant planned it out or thought it out ahead of time. A perfect example of a premeditated murder would be one where a person hired an assassin to commit a murder for profit. This sort of premeditation is absolutely not required in order for someone to be convicted of first degree murder in Illinois. Premeditation may very well be required in some states, but each and every state has its own criminal code and its own definition for each crime.

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 Posted on May 07, 2015 in Criminal Defense

As the school year draws to a close, young people across the country look forward to spring and summer seasons. Graduation parties, holiday picnics, and simply spending time with friends offer many teens a well-deserved break from the stress of school. Many teens, however, will choose to celebrate with alcohol, which can not only be dangerous, but is also illegal in Illinois. Some, after drinking, will get behind the wheel of a car, putting them at increased risk of injury and prosecution under the state’s Zero Tolerance Law.

Zero Tolerance and DUI

The Illinois Zero Tolerance Law makes it illegal for an individual under the age 21 to operate a motor vehicle with any trace of alcohol in his or her system. A person caught driving with a blood-alcohol content (BAC) of greater than 0.00 percent may be charged under the state's Zero Tolerance provisions. A first offense will result in a three month suspension of driving privileges, and a subsequent offense carries a one-year suspension. Refusal to submit to BAC testing can result in the penalties and suspensions being doubled.

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 Posted on May 06, 2015 in Sexual Assault

Sex offenses are some of the most difficult types of crimes to defend. While juries and the public are willing to consider most criminal defendants to be innocent until proven guilty, and while they are supposed to do this in sex cases, often they are unable to do so. This is particularly true when the alleged victim of the offense is a child, as most people do not understand the reality that children can be easily led to make false or inaccurate allegations. That is why it is so important that when you are facing charges for a sex offense that you obtain the help of a criminal defense attorney who is experienced with defending this type of offense. There are many different types of sex offenses one can be charged with in Illinois, so it is important for you to understand exactly what it is you are being accused of having done.

Criminal Sexual Assault

Criminal sexual assault is a felony sex offense in Illinois. A person commits this offense if he or she commits an act of sexual penetration and one of the following four statements is true:

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 Posted on May 05, 2015 in Divorce

The impact of soda and other sugary drinks on a person’s health is fairly well-known, at least among adults. Most realize that if consumed in excess, such beverages can contribute to obesity, diabetes, and a wide array of other health-related issues. However, children have seemingly always been drawn to soft drinks, either as a treat or, in some cases, a regular part of their daily routine. According to recent research, children of divorce may be even more inclined to drink soda and similar beverages, leading to an increased risk for health problems.

A study conducted at San Francisco State University and published online in the journal Childhood Obesity examined factors that contributed to pre-adolescent obesity. Researchers, led by psychology professor and department chair Jeff Cookston, interviewed parents and children in both intact and divorced families, asking them to track their eating habits. When the results were compiled, the findings showed that children of parents who had recently separated or divorced were far more likely to drink soda or sugar-sweetened beverages than children of currently married parents.

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