Posted on November 04, 2014 in Victim Rights

There has been much focus in the recent past on criminal justice reform and addressing issues within the system that may unduly prejudice criminal defendants. However, another key player in the criminal justice system is the victim of a particular crime, who is also granted certain rights according to the system. However, not every privilege afforded to victims within the context of the prosecution of a criminal case is always enforceable.

For example, at a defendant’s sentencing, the victim is usually granted the opportunity to speak through a victim impact statement that is presented to the court. Nevertheless, some courts have decided not to take such a statement and proceed to sentencing without hearing from the victim. As a recent report points out, victim advocates are calling for a change in the rules of criminal procedure in this area, making it a right to deliver a victim impact statement. The change will be left in the hands of Illinois voters on today’s ballot.

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 Posted on November 03, 2014 in Criminal Defense

Since driving under the influence (DUI) charges are very serious, it is critical that you take it them seriously as well. Even with first time offenders, hiring a DUI attorney can play a critical role in your case. Not only are DUI attorneys knowledgeable in the process, but they will defend your rights as well.

What Is A DUI?

A DUI is defined by the operation of a vehicle after consuming alcoholic beverages, consuming more than the legal limit, which is .08% blood alcohol content (BAC) in the state of Illinois. While it is not required, many first time offenders may not require the assistance of a DUI attorney in their case.

However, often times, DUI’s may also include other offenses such as a repeat offender, reckless driving, DUI while driving with a minor in the vehicle, or DUI with a high blood alcohol content of .12% or greater. These offenses are much more serious, and should always be brought to a DUI attorney immediately.

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 Posted on October 29, 2014 in Criminal Defense

An recent report discussed federal action in a drug case involving the use of a fake social media account seemingly belonging to a criminal defendant who had been charged with numerous drug crimes. Allegedly, a Drug Enforcement Administration (DEA) agent set up a false account using photos and other personal information taken from a criminal defendant’s cell phone in order to get others to reveal incriminating information. Although the Justice Department is purportedly reviewing the case, a federal lawsuit ensued and the case was set to be heard in a New York Court in mid-October, but may now be mediated.

Privacy Considerations

This case is just one example of the privacy concerns that have been raised in different states across the country – including Illinois – specifically regarding the protection of privacy in light of developing technology. The law is clearly struggling to keep up with the changing world of social media, cell phones, and other technological developments. While the use of some of these technologies may be acceptable and legal within the context of a criminal investigation, it seems the line can easily be crossed into raising important privacy issues that both courts and law enforcement may find difficult to address.

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 Posted on October 24, 2014 in Criminal Defense

Juvenile cases, like all other criminal cases, vary in severity depending on the charges and the circumstances surrounding the offense. Most of the time, juvenile cases differ from adult criminal cases mainly in the focus on rehabilitation over punishment in sentencing. There is an intense aim to intervene with juvenile offenders at a young age in order to give the minor his or her best chance at avoiding a life of crime.

Counties with High Arrest Rates

According to a recent report, some local Illinois counties are addressing the problem of juvenile arrests much more often than others. The Illinois Criminal justice Information Authority looked at data gathered from 2012 regarding juvenile arrests in the state of Illinois. In that year, approximately 30,000 minors between ages 10 and 16 were arrested in the state.

Despite the fact that the data also revealed an overall decrease in juvenile arrests across the state since 2005, there were 18 Illinois counties named that were considered to have high arrest rates in 2012. Cook County was among them and had the highest juvenile arrest rate across the state. Interestingly, another 11 counties in the state did not report a single juvenile arrest in that same year.

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 Posted on October 23, 2014 in Child Custody

Contrary to what many people believe, there are many different types of child custodies. While a judge awards all custody determinations, not every situation is the same.

The following information will help you to understand the different types of child custody, as well as help you to determine which may be the best for your specific situation:

Physical Custody

With this type of child custody, a parent has the right for his or her child to live primarily with them. When a sole parent, or custodial parent, has physical custody, the other parent, or noncustodial parent, will typically have visitation rights or parenting time awarded to them.

Legal Custody

With this type of child custody, the parent with legal custody has the right to make all the decisions in regards to the child’s upbringing, such as with the child’s schooling, religious beliefs, and medical care.

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 Posted on October 21, 2014 in Your Rights

Among many other responsibilities, it is the duty of attorneys to stay up to date in any change in law or procedural rules that affect their area of practice. This is necessary not only to maintain up to date knowledge on the area of law that they practice, but also to provide competent representation to every one of their clients when bringing a case in court. Especially in criminal matters, staying abreast of any change in the relevant law, rules of criminal procedure, or any other criminal justice reforms is of the utmost importance, as even the slightest change can affect the outcome of a case.

New Law in Criminal Trials

There has been much talk about reforming the criminal justice system in Illinois recently, something this blog has discussed many times in the recent past. This interest in criminal justice reform is not isolated to the state of Illinois, but rather, is an issue being addressed in many states across the country, and even on the federal level. With all of this in mind, it is perhaps not surprising that a new law is going into effect that reportedly reflects a landmark in criminal justice reform. The new law requires that forensic psychiatric reviews of defendants must be disclosed in order for judges to evaluate the facts behind an opinion regarding a defendant’s mental fitness to stand trial.

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 Posted on October 17, 2014 in Alimony

When making the decision to file for a divorce, there are certain factors that need to be considered before taking that first step, especially since divorce is an emotional and trying time.

Whether you are filing for divorce, or your spouse has made the decision to file, these tips will help you to ensure the smoothest transition possible while preparing for your divorce:

Seek the assistance of a divorce attorney. Hiring a divorce attorney is ideal for both parties. An attorney can ensure that you fully understand the laws and your rights, as well as prepare you for the possible outcome. Be sure that you seek representation from an attorney who listens to you, your concerns, will answer all of your questions, and is reliable.

Secure your finances. Not only is this important in order to determine your assets, but this is also critical in ensuring that both parties will be able to financially support themselves, as well as the costs related to the divorce itself. It is not necessary for marital funds to be dissipated, but it may be a good idea to equally divide your accounts.

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 Posted on October 16, 2014 in White Collar Crime

White collar crime is often not considered as serious as other types of criminal conduct, but it is often punished just as harshly. Depending on the type of crime and the severity of the offense, the defendant could be looking at a substantial amount in prison. In many cases, white collar crimes may be prosecuted at the federal level in federal court. Such cases involve slightly different laws and procedure, plus the imposition of a federal prison term.

There has been discussion in Illinois and across the country recently about sentencing reform, decriminalization of certain criminal acts, and shorter prison terms. All of this is likely in an effort to achieve both fair and practical effects by both reforming the criminal justice system and decreasing prison populations. According to recent report, there has been an important shift in the federal prison population toward those ends.

First Drop in Decades

The federal prison population has decreased by about 4,800 inmates in the last year. The Justice Department reports that this marks the first time the number has gone down in several decades. In addition, the Justice Department reportedly projects that the prison population will be about 215,000 inmates at the end of the current budget year, which would reflect a total decrease of about 5,000 from the same count taken just one year ago. If that happens, it would mark the first time since 1980 that the federal prison population has actually declined over the course of a year.

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 Posted on October 14, 2014 in Illinois Laws

According to a recent report, Chicago Mayor Rahm Emanuel has proposed the decriminalization marijuana in certain circumstances. While similar suggestions have been voiced in the past, it seems that not everyone in the state of Illinois is on the same page regarding the proposal. In fact, some very opposite opinions have been raised about reforming drug charges from officials in the state.

The Mayor’s Position

Mayor Emanuel is reportedly arguing that some drug possession charges should be reduced in severity. Specifically, he is allegedly advocating for the decriminalization of marijuana possession in small amounts across the state of Illinois and for the reduction of the criminal grading of possessing less than one gram of any controlled substance from a felony to a misdemeanor. He said that doing so would make the criminal justice system more available to address more serious challenges to public safety and further the progress that has already been made.

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 Posted on October 09, 2014 in DUI/DWI

Driving under the influence (DUI) cases are some of the more common cases in criminal court. While many cases may be relatively straightforward, there are certain issues that can pop up concerning police procedure in bringing these charges. Of course, each criminal case involving a DUI or other criminal charges should be evaluated in light of the particular facts surrounding the case in order to determine any issues present, as well as options the specific defendant has in addressing the charges.

One such issue that may become relevant in a DUI case is the context in which the defendant was pulled over. Some of those charged with DUI may be observed to be driving in a reckless manner by law enforcement; others may have committed a traffic infraction giving the officer pretext for the stop. Still others may have been charged with a DUI as the result of passing through a DUI checkpoint. A recent report looks at DUI checkpoints and the potential legal issues that result from them in some states, including Illinois.

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