Posted on January 11, 2014 in Illinois Laws

The New Year is here, and with it come new laws and regulations that are going into effect. One change that could be especially relevant for criminal defendants involves new training for law enforcement in the use of Taser guns. According to WICS, who recently reported on the change, a new law went into effect on January 1st, 2014, and requires more training for police officers who may use Tasers on a suspect.

The new law also requires police departments to keep detailed records of their training related to Taser use and when they are used in a confrontation with a potential defendant. In the event a police officer uses a Taser on a suspect, the officer will then be required to collect certain information from the suspect.

Some law enforcement agencies reported that it had already been their practice to keep records similar to those required by the law for the last seven years, and also regularly practiced displaying Tasers when an officer had one in his or her possession, something which was not required under the old rules. Displaying the Taser involves removing it from its holster and making sure the suspect sees it as if the officer is going to use it. At times, the suspect may start complying with law enforcement after seeing it and the officer can then secure it in the holster again without having to use it. Then, the protocol is for the officer to complete paperwork stating that they displayed the Taser, the suspect complied, and was not tased.

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 Posted on January 08, 2014 in Alimony

A Cook County appeals court recently upheld an $800 monthly alimony award in favor of Amy Kawiecki.

Her ex-husband, David Kawiecki attempted to appeal the award but lost recently.

Issues of alimony and maintenance are a highly complicated area of Illinois divorce law. Appealing an alimony decision is also extremely difficult to do and requires an experienced divorce attorney.

Generally an appeals court presumes that a trial court's award of alimony is correct. An Illinois appeals court will only overturn an award of alimony due to an "abuse of discretion" of the trial court, which occurs when no reasonable person would have taken the view of the trial court. It is also up to the party appealing to prove that the trial court abused its discretion.

In the Kawiecki case, David alleged that the trial court abused its discretion in awarding maintenance because Amy received 63.5% of the parties' income after including her earnings, child support and maintenance. The appeals court noted that this disparity wasn't an issue because Amy worked part-time during their 17 year marriage and devoted much of her time to maintaining the household and helping raise their three children.

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 Posted on January 07, 2014 in Criminal Defense

Chances are you have seen or heard of the disturbing new trend among teens to participate in what is known as the “knockout game,” in which the assailant unexpectedly attacks a member of the public from behind in an effort to knock them out. Victims are usually targeted at random. The dangerous trend has been featured on news broadcasts, online, and through other media outlets, who reported on the attacks with sometimes fatal consequences for the victims. Now the government is taking steps to address it.

An Illinois state representative, Dwight Kay, has proposed House Bill 3783, known as the Knockout Assault Prevention Act, which takes aim at punishing knockout game offenders. The Act would impose higher penalties on those convicted of the crime of battery while participating in the game, making it punishable by three to seven years of incarceration. It also provides that any minors above the age of 14 would be tried for the crime in adult criminal court. Currently, law enforcement seems to think that the trend is mostly confined to large cities, but if the legislation is passed into law in Illinois, any county would be able to use it.

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 Posted on January 03, 2014 in Uncategorized

Many people consider the Chicago area notorious for drugs, and more specifically the abuse of heroin. In fact, citizens in the Chicago area suffer the highest number of heroin overdoses across the country. An interesting article recently published by the Chicago Reader examined the state of Chicago’s “thriving heroin business” and the history of the issue over the last 100 years.

Over the last century, Chicago’s heroin business has been able to change and thrive despite the measures aimed at curbing the behavior, including legal restrictions, increased law enforcement, and societal changes. Illegal drug markets began developing in the early twentieth century in marked areas of Chicago. Police were forced to strike a balance between cracking down on users and confining the activity to the known areas with known users and known criminal histories.

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 Posted on December 30, 2013 in Criminal Defense

In the New Year, Illinois residents who legally own a firearm will also legally be allowed to carry the weapons on their person. As reported by Chicago Tonight, the change in the concealed carry law in Illinoiswill translate to changes for business owners, property owners, and police who may come into contact with citizens carrying weapons. When the law becomes effective next month, the state of Illinois expects tens of thousands of applications for a concealed weapon permit to be filed by citizens within the first six months of the change.

Change in Police Conduct

Prior to the law taking effect, it was illegal for Illinois citizens to carry a firearm on their person. Any time police came into contact with an individual carrying a weapon, in violation of the law, they acted according to their training in handling the situation. Now, they will have to change their mindset when dealing with a member of the public carrying a gun, since they may be doing so legally.

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 Posted on December 26, 2013 in Child Custody

A Will County, Illinois, appeals court recently affirmed the severe restriction of a father's visitation rights to his children.

This case highlights the impact of mental health and substance abuse issues on a marriage and the effect that it can have in subsequent child custody and visitation orders.

The father and mother of the children were married in 2000 and had two children together. The mother filed for divorce in spring of 2009, alleging extreme and repeated mental cruelty and alleging that here was an irretrievable breakdown of the marriage.

As with many divorces, the couple quarreled extensively over child custody and visitation. Both spouses alleged that the other was mentally unstable and acted inappropriately around the children. Emergency orders flew back and forth and the courts had to decide which parent to believe.

In this case, the court eventually ordered the father to undergo a Rule 215 evaluation. The examining doctor said that the father had a mood disorder and character problems such as narcissism or paranoia. Although the doctor did not consider the father to pose a physical threat to the children, she was concerned with his breaks from reality and alcohol consumption.

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 Posted on December 26, 2013 in Traffic Offenses

Google Glass is being tested by a select number of people in anticipation of a roll out in 2014. The concept of device is that it is a smartphone display that is worn on your face and looks like a pair of glasses. It allows you to take pictures, view social media, make phone calls and even get directions by the sound of your voice. While it is not for sale to the general public, legislators in Delaware, New Jersey and West Virginia have introduced legislation that seeks to ban driving while wearing Google Glass frames.

Lawmakers in Springfield are also interested in stopping distracted driving on the streets of Illinois. Certain laws are already in place to accomplish this gial. Currently, it is illegal to text while operating a vehicle. Another law which will be effective in 2014 will outlaw the use of any handheld device behind the wheel.

Illinois State Senator Ira Silverstein, a Democratic representative from Chicago, recently filed a new bill that extends the law banning handheld devices. Silverstein said that using these new Google Glass is “another way people will be distracted. People’s attention to the road should not be interrupted.”

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 Posted on December 25, 2013 in DUI

The drunk driving conviction of Susan M. McWilliams was recently affirmed by a Lake County court. McWilliams was arrested in November of 2009 when an officer reportedly saw her weaving within her lane and crossing white traffic lines. The officer also claimed that McWilliams almost caused an accident with the car next to her.

When the arresting officer approached Susan McWilliams' car, the officer had to slap the truck of the car and yell her to park her car because it was rolling backward. The officer said that McWilliams was busy trying to put the parking brake on despite the car being in neutral instead of park.

The arresting officer also said that McWilliams had bloodshot eyes and slurred speech. She also found it incredibly difficult to find and produce her driver's license for the officer.

Despite claiming that she hadn't been drinking, McWilliams allegedly smelled strongly of alcohol and failed multiple field sobriety tests.

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 Posted on December 24, 2013 in DUI

A Cook County Appeals Court recently dealt a severe blow the defense in a drunk driving case. The case involves a man named Brandon Bailey who was arrested for drunk driving in 2011. The officer who arrested Bailey claimed that he was driving over 30 miles over the posted speed limit, made improper lane usage, and failed to signal in addition to driving while intoxicated.

During the discovery phase of the trial, Bailey requested the footage from the police car (in-squad video) which supposedly showed his stop and arrests. The state failed to provide the video in a timely manner so the trial court sanctioned the state by barring the video and anything it could have showed from trial.

The trial court also rescinded the summary suspension of Bailey's driver's license.

It appeared that Bailey would walk away from his criminal charges because the state was barred from presenting evidence including his field sobriety test and driving which could have been on the in-squad video. This harsh sentenced compelled the state to produce the video and ask the trial court to reverse the exclusion of the evidence.

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 Posted on December 22, 2013 in Traffic Offenses

Over the last few years, there has been a decrease in the number of speeding tickets issued in and around Chicago. Based on data from 2010 to 2012, there was a quarter fewer tickets both in the city and in segments of the surrounding counties.

There are a couple of possible reasons for this decrease. An analysis completed by reporters from the Chicago Tribune has shown that the state police department is very lenient on the state’s expressways. Most tickets are written when a motorist is going at least 20 miles over the posted speed limit of 55. Provided that high threshold, it is not likely to find people to give speeding tickets.

Another reason for the decrease in speeding tickets is state-wide budget cuts. There are fewer troopers on the road which means there are fewer people to give out tickets.

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