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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 Posted on January 28, 2015 in Your Rights

Being charged with a crime is always a very difficult situation. You may be worried about potential jail or prison time, fines and fees, the effect on your reputation, the possibility of losing or job, immigration or professional licensing consequences, or any of about a thousand other potential consequences. One thing you need to be aware of is that when you are charged with certain crimes, another possible issue you may have to deal with is having your car impounded by police.

Illinois Vehicle Impoundment Statute

Illinois has a statute that allows the police to impound your vehicle if you are arrested for certain crimes. These crimes include:

• Trafficking in persons, involuntary servitude, and related offenses;

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 Posted on January 23, 2015 in Criminal Defense

While every criminal case is different, some situations happen over and over again. One thing we see all too often is the situation where a person tries to get him or herself out of trouble by telling the police that he or she was at the scene of the crime but was not the primary culprit, thinking this partially absolves them of criminal liability. It is totally reasonable that people would think this would decrease the amount of trouble they are in - after all, the lookout at the bank robbery doesn’t seem like she is nearly as bad as the co-defendant who shot the bank guard. Unfortunately, while that may make sense, it is not the law. Instead, that lookout will be in just as much trouble as the person who shot the guard.

Accountability for the Conduct of Another

This situation presents an issue of accountability. Under Illinois statute, a person is accountable for another person’s actions under various circumstances. The part of the statute that comes up most often, however, says:

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 Posted on January 21, 2015 in Criminal Defense

Thanks to police procedural shows and courtroom dramas, the public has a lot of ideas about what the law is and what it is not. Unfortunately, since every state has different laws and television writers are not bound to accurately represent any of them, sometimes these ideas about the law can be mistaken. This can be particularly problematic when it comes to criminal law. One example of a crime that is often misconstrued is burglary.

So What is Burglary?

Most people think of burglary as breaking into a house or business to steal something. And this is, in fact, correct: that would be a burglary. But in Illinois, the crime of burglary includes much more than those two possibilities. Like all state crimes in Illinois, burglary is defined by statute. According to the state statute:

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 Posted on January 16, 2015 in Weapons

Gun crimes are one of the most contentious types of crimes there are in our society. On one hand gun, violence kills far too many members of our society, particularly young people. On the other hand, our constitution give us the right to bear arms. Issues of gun control seem to come up on both the state and federal level each year. Now the Illinois court of appeals has issued an important decision that seems to prioritize the need for gun control over the constitutional right to possess a gun.

Illinois Court Rules Against 18-Year Old’s Right to Bear Arms

The Illinois Court of Appeals recently addressed whether an 18-year-old has a right to bear arms that is protected by the Second Amendment. The case is called People v. Fields. The State charged Demonte Fields with aggravated unlawful use of a weapon (AUUW). Ultimately the trial court convicted Fields after a bench trial and sentenced him to probation. Fields appealed, arguing that his conviction should be vacated because the statute prohibiting the possession of a handgun while under 21 years of age is unconstitutional. The Court of Appeals did not agree, and it upheld his conviction.

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