Posted on February 19, 2015 in Vehicular Hijacking

To many people, hijacking sounds like something that happens on an airplane in an action movie from the late twentieth century. While it is that, hijacking is also a type of crime that happens right in in Illinois. Specifically, Illinois law prohibits what it calls “vehicular hijacking.” If you find yourself charged with this crime, you will need the help of a felony criminal defense attorney.

What is Vehicular Hijacking?

Illinois statute defines vehicular hijacking as a person knowingly taking a motor vehicle from another person by either using force or by threatening the imminent use of force. It is basically the same as robbery, except instead of taking some other type of property, the hijacker takes the victim’s car. It is important to note that the car has to be taken directly from the person or from the person’s presence. Thus, stealing a car from an empty garage would not count as vehicular hijacking. Vehicular hijacking is a slightly more serious offense than robbery, in that even in its most benign forms it is a Class 1 felony.

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 Posted on February 17, 2015 in Criminal Defense

“I got robbed.” This is a statement that is used very often in our contemporary society. While sometimes it is applied metaphorically, such as when complaining about a call in a sporting event, we usually mean it to imply that someone stole something from us. However, like many areas of criminal law, the common understanding of this term and the legal definition are not the exact same. Not all victims of theft are robbery victims and not all thieves are robbers. Instead, robbery is a very specific type of theft.

What is Robbery in Illinois?

In Illinois, the offense of robbery is defined by statute. As one would assume, robbery requires one person to take property from another person. This can be any property except for certain motor vehicles, which are covered by a separate law. What differentiates robbery from mere theft is that in order for a taking of property to be a robbery, the robber must either:

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 Posted on February 12, 2015 in Criminal Defense

Most crimes are standalone crimes. However, there are some crimes that act as add-ons of a sort or as ways for the prosecution to try to punish someone not just for committing a crime, but also for the way in which he or she committed the crime. These additional offenses can increase the severity of the possible punishment for a crime, which makes it extremely important that you have the assistance of an experienced criminal defense attorney. One example of this sort of additional offense is a crime many have never heard of: unlawful transfer of a telecommunications device.

What is Unlawful Transfer of a Telecommunications Device?

From the name of this crime, it sounds like it might have something to do with defrauding a cell phone company or giving a kid a cell phone without his or her parents’ permission. While either of those activities can land you in hot water, they are not quite what this law is about. Under Illinois statute you are guilty of this crime if you transfer a telecommunications device (like a cell phone) to someone under the age of 18 with the intent that the device be used to commit a crime under the Illinois criminal code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. This crime is a Class A misdemeanor, which means you could be sentenced to a term in jail not to exceed one year. Property forfeiture is also a possibility. Thus, if one were to participate in a criminal enterprise of some sort with a minor and that person were to give the minor a cell phone or similar device in order to facilitate that criminal offense, the person could be charged both with that underlying crime and with this additional crime.

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 Posted on February 11, 2015 in Child Custody

There may be circumstances in which you may need to seek modifications you’re your child support. While a modification may not be easy to get approved, there are circumstances that may be substantial enough to get approved:

• The paying parent lost their job or received a decrease in income
• The receiving parent has received a significant increase in their income
• In the event that either parent gets married
• If a child has reached the age of 18
• In the event that a child develops special needs or required medical care

In order to better handle a child support modification, here are a few tips to keep in mind:

Act in a timely manner. In the event that you lose your job or cannot afford to pay your current required child support, it is critical to immediately take the necessary steps for a child support modification, especially since you will continue to owe your current amount until your modification has been approved.

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 Posted on February 11, 2015 in Theft

Many people think of shoplifting or retail theft as a relatively minor crime. In Illinois that is absolutely not the case. Shoplifting in Illinois will lead you in serious need of an experienced criminal defense attorney. In order to avoid finding yourself in that position, you should understand exactly what retail theft is and how it is punished in our state.

What is Retail Theft?

Generally speaking, what most of us call shoplifting is a type of retail theft. Illinois statute defines retail theft as one of the following actions:

• Takes merchandise with the intent of keeping it or depriving the merchant of it permanently without paying for the merchandise;
• Alters or removes a price tag or similar marking in an attempt to pay less for a piece of merchandise;

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 Posted on February 05, 2015 in Criminal Defense

While there are circumstances in which a DUI defense attorney may not be necessary, there are several occasions in which they will play a crucial role.

When To Hire A DUI Attorney:

• If you have had more than one DUI.
• If your Blood Alcohol Content level (BAC) is double the limit.
• If your DUI arrest was due to an accident.
• If any injuries or deaths resulted of your DUI.
• If you rely on your driver’s license for employment.
• If you do not understand your state’s DUI laws.
• If you are worried about the outcome or the consequences you may face.
• If you are concerned about a misdemeanor conviction.
• If you are concerned with a DUI being on your record.

What Will An Attorney Do?

First and foremost, a DUI attorney will determine how to get your DUI to minimally impact you and your life. They will assess your particular case, and help you to understand the consequences that may be involved, such as probation, minor penalties, big fines, or jail time. A DUI attorney can also help in handling any required forms that need to be completed, making any necessary phone calls, or representing you when needed. An experienced DUI attorney also knows specific laws, as well as the ins and outs of the court process, which can help to determine which argument will help you and your particular case. In the event that you are facing a sentence, an attorney can help in making a plea or sentence bargain.

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 Posted on February 05, 2015 in Criminal Defense

The old saying goes that close only counts in horseshoes and hand grenades. Well, close can also count in criminal law. While committing a criminal offense can land you in hot water, you may not realize that mere attempts to commit a criminal offense can also land you in jail for almost as long – an attempt to commit a crime is a crime.

What Counts as an Attempt?

In common language an “attempt” occurs whenever you try to do something. Fortunately, the legal definition of “attempt” is a little bit stricter than that. Illinois defines attempt in its statutes. According to Illinois law a person is guilty of attempting to commit an offense when he or she (1) does any act that is a “substantial step” toward the commission of the offense while (2) having the intent to commit that specific offense. Now, that does not mean that one has to sit down and think to him or herself, “I would like to go out today and commit a burglary.” The intent requirement does not mean that you have to know what the offense you intend to commit is called-it only means that you have to intend to commit it. That clears up the intent, but the question remains: what is a substantial step?

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 Posted on February 03, 2015 in Sentencing

Most people who have not had dealings with the criminal justice system base their knowledge of that system on what they see on television. Unfortunately, television depictions of criminal law are not always accurate, and even when they are, they cannot possibly represent the criminal law of every state because every state has different laws. One example of this issue has to do with parole. People assume because of television that when someone is released from prison, he or she is released on parole. However, in Illinois, that is not the case. Illinois eliminated parole (except for those people who were sentenced long enough ago that parole was a possibility when they were sentenced) and replaced it with supervised release, a different system entirely.

Who is Subject to Supervised Release?

Illinois statute requires a program known as mandatory supervised release. The statute says that whenever someone is sentenced to prison and that sentence is not one of natural life, “every sentence includes a term in addition to the term of imprisonment.” If a person was sentenced under the law in effect before February 1, 1978, then that term is one of parole, just like is seen on TV. If the person was sentenced under the laws in effect after that date, the term is one of “mandatory supervised release.”

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 Posted on January 30, 2015 in Child Custody

While divorce is difficult for all people involved, child custody can be even harder, especially on the children. Often times, parents find themselves making assumptions on what to expect from their child custody hearing, which can cause a potential rift in the process, making things even more emotional. Here are several myths when it comes to child custody:

Mothers are more likely to be awarded custody. Since times have changed, most judges are favoring joint custody, or whatever is in the best interest of the child or children involved, which means that if this with the father, then the father will most likely receive full custody.

Children can decide who they want to have custody. While the judge may listen to and take into consideration what an older child’s wishes may be, he or she will not base their ruling on the child’s choice. It is important to not press the judge to make their decision based on your child’s wishes, since this will not make a very good impression on you or for your case.

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 Posted on January 30, 2015 in Weapons

Gun crimes are a reality in our society. Otherwise law abiding citizens find themselves carrying guns or other weapons for self-defense when they themselves would never want to hurt a fly. Others resort to protective measures like bullet-proof vests or bullet-proof backpacks to protect themselves. While combining both measures may seem like an excellent self-defense strategy, doing so in Illinois could wind you up in some hot water.

What is Body Armor?

Illinois has a statute that defines body armor. Body armor can be any of the following:

• Military-Style Vests and Jackets. These include flack jackets, military surveillance vests, and other types of protective armor designed to be worn by military personnel. They are made of Kevlar or similar materials which are designed to prevent bullets from penetrating the chest. Usually these vests or jackets are designed to be worn over your clothing.

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