Posted on November 28, 2014 in Your Rights

Everyday citizens are not the only ones whose behavior must conform to certain standards set by law. Police, too, are supposed to follow a set of provisions, many of them put in place by the U.S. Constitution, in carrying out their duties as representatives of the government. Failure to do so, in either case, could result in different consequences. One of the most extreme examples of police action in the context of carrying out their duties is the use of deadly force and the circumstances in which it can and should be used. A shooting death which occurred over the summer has brought this issue to the forefront of media discussions.

License to Kill

There is little doubt that police officers and law enforcement are allowed, in certain limited circumstances, to use deadly force when necessary. These situations include, but are not limited to, ones in which the police officer’s lives are in clear and obvious danger, or are facing a threat of significant harm or death themselves. The problem that the referenced report points out is that there is very little tracking of fatalities caused by officers’ use of deadly force and investigation into the matter to determine whether the use of force in a given case should be met with any consequences.

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 Posted on November 25, 2014 in Sex Crimes

Juvenile crimes generally get special and specific considerations when they are prosecuted in the court system. Many times, juvenile offenders participate in criminal activity merely as a result of immaturity or inexperience. One bad judgment call can have significant effects if the action results in an illegal act. Of course, there are certainly other juvenile cases that are much more serious and involve significant crimes and associated penalties depending on the facts of the case. Determining how to address issues and handle juvenile offenders in light of their crime and personal history is a main challenge of the juvenile justice system.

The Crime of Sexting

Sexting is an offense that has made headlines in Chicago several times in 2014. It is one such juvenile offense that may be handled differently according to the facts and circumstances of a case and the particular offender or offenders involved. There are likely cases in which the offense was the result of poor judgment, and other cases may have more intentional actions, leading to more serious consequences. According to a recently published report, law enforcement in Chicago are currently dealing with a high-profile sexting case, allegedly involving at least three juveniles. It is the sixth such juvenile case that officials have had to address this year alone.

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 Posted on November 24, 2014 in Alimony

Divorce…it’s a word that is typically associated with pain and duress. However, this view has become a common misconception. With divorce becoming more and more common, many couples are deciding to take a more amicable approach. This is only one common misconception out of many.

Divorce is harmful to children. While it is true that no divorce or break-up is easy, divorce does not have to be harmful to anyone, especially the children. It is key, however, in order for this to remain true, both parents must maintain respect and communication, as well as support for each other and their children.

Divorce is the only answer. Many couples think that divorce is the only answer. While this may be true in certain situations, divorce may not be the right answer for all. If there is any chance of a reconciliation, it always best to consider a less permanent resolution, such as legal separation.

Divorce will create hate. While many divorces end under bad terms, this is not true for all, especially when a divorce is handled amicably and collaboratively. Divorce does not have to lead to hate and resentment, so it is always good to consider the alternative and work together to ensure a positive and peaceful resolution.

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 Posted on November 20, 2014 in Criminal Defense

Many involved in the criminal justice system as the result of drug charges are battling a serious addiction. But for the drug dependency of these offenders, they most likely would not participate in illegal or criminal activity. In instances such as these, courts and law enforcement usually recognize the unique needs of these defendants and attempt to address them. Often times, this may involve the defendant participating in an alternative program known as drug court.

Drug Court FAQs

A recent news article touting the crime-reducing benefits of drug court in some counties goes on to explain some basic information regarding the program. Many counties in Illinois have formed drug court as a division of the Circuit Court. The eligible participants are ideally nonviolent drug-dependent offenders who are willing to submit to intensive treatment and accountability-based supervision in order to address their criminal charges and get a new chance at life. They are closely monitored by a judge and a larger drug court team.

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 Posted on November 18, 2014 in Sex Crimes

It should go without saying that sex crimes are serious offenses that have severe consequences associated with them. These cases present many issues that need to be addressed, but some cases involve special circumstances that deserve extra consideration. As one report points out, one type of sex offense case that involves additional issues are those in which an elderly defendant is charged with a crime stemming from facts that allegedly occurred decades ago.

Health Concerns

In addition to the myriad of other issues inherently involved in sex crime cases, those in which an elderly defendant is charged usually have an additional set of unique factors to consider. Not only can these cases involve displacing a criminal defendant from his or her place of residence, but can also involve extradition issues, which may be more common the further back in time the facts supporting the charges supposedly occurred. All of this is compounded by any health concerns elderly defendants have, which can also vary in severity. In some cases, an elderly defendant’s life could be placed at serious risk before they are even tried for their crime.

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 Posted on November 14, 2014 in Alimony

When it comes to needing to make a change in your marriage, many couples consider divorce their only option. However, there are other options out there, such as legal separation.

Since divorce results in the finality of a marriage, it is critical to ensure that a couple wishes to end their marriage. Often times, legal separation may be the better option, especially if there may be a chance for reconciliation in the future.

There are several other reasons a couple may wish to pursue a legal separation versus a divorce, such as:

•  The opposition of divorce due to religious reasons.
• The eligibility of a spouse’s benefits, including Social Security and other government benefits.
• The eligibility of health insurance or other benefits from spouse’s employer.
• The eligibility of tax benefits if stating legally married.
• There is less stress related to filing a separation agreement versus a divorce agreement.

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 Posted on November 13, 2014 in Your Rights

According to recent report, law enforcement officials in communities across the country, in small towns and big cities alike, are using increasingly sophisticated technology for police surveillance purposes. Some of that technology includes ultra high definition cameras, programs that are able to read license plates and recognize faces, as well as systems that can alert police to suspicious behavior. With such access into the lives of citizens, some are saying that such monitoring is a serious threat to privacy and strict guidelines need to be in place regarding how police use this technology.

The Need for Regulations

When invasive technology is used for police surveillance, private citizens often have a number of concerns. These range from rules regarding how the technology can legally be used to the disposal of the recorded footage that does not relate to criminal charges or the investigation of a crime. The main problem, and likely a substantial part of the reason such rules and guidelines have not been advanced, is that technology is developing at a faster pace than laws can keep pace with.

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 Posted on November 12, 2014 in Your Rights

The United States Supreme Court has decided to review a criminal case that contains issues of hearsay and related Sixth Amendment considerations. In the case, the defendant was charged and convicted of physically abusing two minor children. The trial court allowed testimony from one of the child’s teachers who repeated the victim’s out of court statement to them, even though the older child was deemed incompetent to testify. The statements related to the identification of the defendant. The case was appealed to the appropriate state appellate court, which reversed the conviction, and then to the State Supreme Court, which affirmed the appellate court’s decision.

Defendant’s Argument

Defendant’s argument on appeal was that the introduction of the above mentioned witness’s testimony violated his Sixth Amendment right to confront his accuser. At trial, the jury was exposed to testimony and the defendant was not given the chance to properly cross examine the individual who actually made the statements. Now that the case has reached the Supreme Court, they are expected to address issues about the statements that include whether the teachers were effectively acting as law enforcement officers conducting an interrogation since they are mandatory reporters of child abuse, and whether the child’s statements to the teachers can be considered testimonial.

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 Posted on November 07, 2014 in Criminal Defense

Traffic tickets can be an expensive, and occasionally, serious issues. Whether you were speeding, performed illegal lane usage, forgetting to use your turn signal, texting while driving, or speeding in a construction zone, it is important to consider the benefits of fighting your traffic citation.

The benefits of contesting your traffic ticket:

• The potential for the charges to be dropped, which will prevent you from having to pay hefty fines, instead allowing you the ability to keep your driving record clean.
• In the event that you reach a plea bargain agreement, the likeliness of reduced charges increases.
• The possibility of maintaining your driving privileges. In repeat offender cases, by contesting your charges, you are more likely to keep your driver’s license.

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 Posted on November 06, 2014 in Criminal Defense

The continued imprisonment coupled with lack of treatment of some criminal defendants who suffer from a mental illness continues to be a problem in the state of Illinois and across the country. The issue of the mentally in in the criminal justice system has been getting media attention recently, and with good reason. In fact, this firm has featured several blog posts concerning this topic in the recent past. Now, there is a renewed call for additional treatment of inmates with serious mental illnesses. According to a recent report, new research is bolstering the argument for treatment even further.

More than Mental Health Services

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