Recent Blog Posts
Juvenile Drug Court: An Option for Some Teens
Part of being a teenager is testing boundaries and experimenting with new experiences. Unfortunately, some teenagers choose to push the boundaries of the law and experiment with illegal substances. For some of these young people the only real consequences are the consequences of getting caught, but others find themselves with serious drug problems. There are legal steps that can be taken in order to help these juveniles get the drug treatment they need.
The Juvenile Drug Court Treatment Act
The legislature found that a substantial portion of the resources of Illinois’ juvenile justice system went to young people who were using and abusing drugs. In response, it passed the Juvenile Drug Court Treatment Act. Drug courts in the adult system are special court programs designed to get drug offenders the treatment and life skills they need instead of using taxpayer funds just to lock them up for a short period of time and then release them with their drug addiction still in full force. In the adult system these programs are typically run on the local level. They involve drug treatment, programs to help adult drug offenders find employment, and often involve community service aspects. They are usually much more intensive than many other outpatient treatment options. Drug courts can also, when appropriate, order offenders to do inpatient treatment. Often when offenders successfully complete these programs they receive some benefit when it comes to their criminal charges such as a lessened punishment or even in some cases a complete dismissal. The idea of the Juvenile Drug Court Treatment Act was to create a similar sort of program for young people who are having their cases heard in juvenile court and thus normally would not be eligible for adult drug court programs.
Shared Custody and Joint Parenting Agreements
As a parent, you will always want what is best for your child. In a difficult situation, however, figuring out what is best may be extremely challenging. Negotiating arrangements for child custody can be among the most difficult situations a parent will ever face. However, for parents wishing to maintain shared or joint custody of their child must approach the situation with a sense of cooperation and dedication to the child, regardless of anything else.
Joint Custody
Parents who are divorced or unmarried may seek a joint custody arrangement for their child, which grants them both the legally recognized right to make decisions regarding the raising of the child. They will be expected to work together in creating an environment in which the child will thrive and enjoy a healthy relationship with each parent. While Illinois law does not require a court to work from a “default” position regarding joint or sole custody, it is generally accepted that active, positive participation in the child’s life by both parents is always in the child’s best interest.
Predatory Criminal Sexual Assault of a Child and Criminal Sexual Abuse
When you are charged with a sex offense you need the help of a criminal defense attorney who is experienced with defending this type of offense. Because of the unique types of evidence that are often used in cases involving allegations of sex crimes, these cases often require specialized knowledge. Additionally, these cases often hinge on the testimony of the victim more than any other type of case, meaning you need an attorney who knows how to handle victims in court. There are a whole host of different sex crimes charges in Illinois, and each of them has slightly different requirements in order for one to be found guilty. One such charge is predatory criminal sexual assault of a child, a serious allegation that carries significant penalties upon conviction.
Predatory Criminal Sexual Assault of a Child
A person can be found guilty of predatory criminal sexual assault of a child if he or she is age 17 or older and has does one of the following with a person who is less than 13 years old:
Understanding Illinois Property Crimes Continued: Robbery
Over the last several weeks, this blog discussed some of the characteristics of different types of property crime in Illinois. The first post looked at burglary offenses, which include breaking and entering, criminal trespass, and residential burglary. Last week’s post examined charges related to theft in more detail, a classification which encompasses shoplifting, retail theft, and the taking of unattended property. Today, for the last post in the property crime series, this blog will consider offenses related to robbery.
Definition of Robbery
Illinois statutorily defines robbery as the taking of property, not including a vehicle, "from the person or presence of another by the use of force or by threatening the imminent use of force." Under this definition, robbery would include a mugging on the street, purse-snatching, and the hold-up of a convenience store or bank.
Assault in Illinois
What exactly is assault? Because different states have different standards, there can often be confusion about what counts as assault, what counts as battery, and whether they are the same thing. For example, our neighbor to the southwest, Missouri, does not recognize a crime of battery and considers all offenses that involve striking another person to be “assaults.” Here in Illinois, however, we have multiple types of assault and multiple types of battery.
Simple Assault in Illinois
The first assault crime in Illinois is known as either “assault” or sometimes as “simple assault.” A person commits this crime when he or she, without lawful authority, knowingly does something that places another person in reasonable apprehension of receiving a battery. So the immediate follow up question has to be: what is considered a battery in Illinois? Illinois defines battery where one person knowingly, without legal justification, either (1) causes bodily harm to an individual, or (2) makes physical contact of an insulting or provoking nature with an individual. Basically, one commits an assault when one makes another reasonably afraid that they are either about to suffer bodily harm or be touched in some sort of insulting or provoking way. Simple assault, on its own, is a relatively minor offense in Illinois. It is only a Class C misdemeanor. There is a special sentencing provision that requires that anyone convicted of assault perform between 30 and 120 hours of community service if such community service is available in the community where the assault was committed, unless the person is sentenced to actual incarceration.
The Sixth Amendment’s Confrontation Clause
While just about every child has to learn the bill of rights at some point during their education, as adults only a few of the amendments get a whole lot of media coverage. Most people know that the First Amendment covers things like free speech and freedom of religion, and that the Second Amendment deals with the right to bear arms. But beyond that, for many people, memories get a bit fuzzy. The thing is, when a person is charged with a crime, those other amendments in the Bill of Rights may make a real difference in the case. One important constitutional amendment for anyone facing a criminal charge to understand is the Sixth Amendment, specifically its confrontation clause.
What Does the Sixth Amendment Say?
The Sixth Amendment to the United States Constitution touches on a few key rights for criminal defendants. The amendment itself says:
Understanding Illinois Property Crimes Continued: Theft
The circumstances of any criminal case will generally dictate how the case is prosecuted, and under which charges. In many situations, it can be rather confusing, as certain charges may seem similar in definition, but are actually very different in application. Commonly misunderstood offenses include those related to property crimes, including burglary, theft, and robbery. Last week, this blog discussed some of the details related to burglary charges in Illinois, and this week, the focus will be on charges related to theft.
Theft Defined
At its most basic, as described by Illinois statute, theft is committed by a person who "obtains or exerts unauthorized control over property of the owner." This includes taking of property by deception or threat, and taking of property reasonably known or assumed to have been stolen. The action must also include the intent to deprive the owner of use, of the property permanently.
Juvenile Justice System: Some Juveniles Are Tried as Adults in Illinois
We have two different systems in Illinois that deal with criminal justice: one for adults and one for juveniles under the age of 18. Cook County was one of the first places in the country to do this, realizing that children, by their very nature, are capable of changing their nature. Their brains, including their ability to control their impulses, are not fully developed, so they are not as culpable for their bad actions as their older counterparts. Unfortunately, some of these young people in Illinois are treated as adults despite the fact that this treatment is not supported by science.
The Juvenile Justice System in Illinois
The treatment of juveniles accused of crimes is covered in Illinois by the Juvenile Court Act. One of the goals of the act is supposed to be to provide individualized assessments and adjudications in juvenile cases with the goal of rehabilitation and preventing future delinquent behavior by juveniles. This can involve detention in some circumstances, but also involves diversion programs. In other words, unlike criminal prosecutions that are based almost exclusively on the ideas of punishment, revenge, and isolation of offenders from society, the juvenile system exists so as to change childhood bad behavior so that young people may improve their behavior and work well in society. The children found responsible for crimes under the juvenile system face a different punishment system from their adult counterparts, and they have stronger privacy rights including the ability to have their records shielded from public view.
Divorce Rate Might Not Be as High as Most Think
Ask a random stranger how likely it is that a couple getting married today will eventually get divorced. Chances are, the stranger will answer that the couple has about 50 percent chance of divorce. The idea that half of all marriages end in divorce has somehow become solidly lodged in the consciousness of public opinion and it seems to be extremely difficult to shake. The actual divorce rate in the United States, according to many demographers, has never reached 50 percent, and as the divorce rate continues to fall as it has for several decades, it appears that it never will.
Overly Simplistic Estimates
Claiming that half of marriages end in divorce is a quick and easy talking point, useful for establishing social context for various political movements and groups. Some may use the number as an example of the eroding family structure, while others use it to demonstrate the need for supportive funding for low-income children and single parents. So where did the 50 percent number originate and why does it persist?
Criminal Intent: All about a State of Mind
Many crimes are made up of two parts: an action and a mental state. One example is where one person kills another. Depending on the person’s mental state when he or she kills the other person, he or she could be guilty of first-degree murder, second-degree murder, involuntary manslaughter, or maybe no crime at all. When it comes to certain crimes, much of what a criminal defense attorney winds up doing at trial is showing a judge or jury that the defendant did not have the required mental state to commit the crime. Each of these mental states has a specific legal definition set out by state statute.
Acting Intentionally
One mental state is “intent” or “acting intentionally.” For a person to be found guilty of a crime that requires that he or she have intent or act intentionally, he or she must have the conscious objective or purpose of accomplishing the result of that crime or engaging in the conduct of that crime.
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