Posted on December 03, 2013 in Your Rights

When arrested for a crime in Chicago, the normal procedure is to be questioned by an officer. Occasionally, a member of a department’s polygraph unit would examine the suspect with the help of a lie detector test. Yet, a couple of convictions have been overturned lately, such as the murder charge against Nicole Harris. Harris was convicted of murdering her four year old son in 2005 after being coerced into a confession with a false polygraph test. In June of 2013, this conviction was overturned by a federal appeals court based on evidence uncovered by the Cook County state’s attorney’s office.

The use of polygraph examinations has decreased significantly over the past couple of years. In 2011, around 400 tests were administered to suspects of crime compared to only 50 over eight months in 2013. The reason that the Chicago Police Department gave for the drop was that polygraph units have been reassigned from forensics units to the human resources department. Their new orders include interviewing potential officer candidates. “The temporary detail was made to address the backlog in pre-employment screening needs. There hasn’t been a move away from polygraphs as a part of criminal investigations,” according to police spokesperson Adam Collins.

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 Posted on December 02, 2013 in Divorce

Media tycoon Rupert Murdoch recently reached a divorce deal with his wife Wendi Deng Murdoch.

The Associated Press reports that the couple shook hands and hugged outside of the courthouse.

"We are pleased to announce that we have reached an amicable settlement of all matters relating to our divorce," the couple said in a prepared statement. "We move forward with mutual respect and a shared interest in the health and happiness of our two daughters."

Rupert Murdoch is an 82-year-old business tycoon who is originally from Australia. He's currently the CEO of News Corp and 21st Century Fox. His net worth is around 13 billion dollars.

Chinese-born Wendi Deng is Rupert Murdoch's third wife. She married Murdoch in 1999, about three weeks after he divorced his second wife. The couple has two children together.

The split will not likely have a large impact on Murdoch's business dealings. The Associated Press reports that Rupert Murdoch controls his companies through a family trust that benefits his children from his previous marriages.

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 Posted on November 29, 2013 in Sexual Assault

Many people believe that date rape is not as serious as other kinds of rape. However, the only reason for the differentiation between the two terms is to specify the status of the involved parties. For example, the term “rape” generally happens between two strangers, while “date rape” or “acquaintance rape” happens between two people who previously knew each other on some level. Date rape can happen on a date, between two friends, between two people in a relationship, or between members of a former couple. Furthermore, because date rape regularly occurs after a date or a party, the term often indicates that alcohol or drugs played a role in the conduct.

Some offenders believe that accusations of date rape are not as serious as other types of rape charges, and that they will face less severe consequences if they force sex with someone they already know. This belief is mistaken, as Illinois law does not differentiate between types of rape. Prosecutors charge any rape act, regardless of the status of the parties, under 720 ILCS 5/11-1.20 for criminal sexual assault or 720 ILCS 5/11-1.30 for aggravated criminal sexual assault.

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 Posted on November 25, 2013 in Illinois Laws

There are multiple criminal offenses in Illinois that include the concept of possession as a basis of criminal liability. Perhaps criminal offenses involving contraband, such as weapons or illegal narcotics, are those crimes involving possession with which we are most familiar. The law extends the definition of possession to include both actual possession as well as constructive possession.

The Possession Rules in Illinois

In order to impose criminal liability on the basis of constructive possession in Illinois, the facts of the case must support the finding that the defendant knew of the existence of the contraband, and also was in a position to exercise control over it despite the fact that the defendant may not have had physical control of the contraband. In other words, the theory of constructive possession involves demonstrating that the defendant has both the intent and the capability to maintain control and dominion over the illegal item. Cases involving constructive possession typically include owners or tenants of a home, car, or apartment where contraband is found. This definition has been interpreted and applied in different ways by courts in Illinois.

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 Posted on November 24, 2013 in Child Custody

The Supreme Court of Illinois recently rejected a Lake County mother's attempts at garnishing her ex-husband's paycheck for child support.

The case involves a woman named Jennifer Schultz. She filed a complaint in Lake County circuit court against Performance Lighting, Inc., her husband's employer. The woman wanted to recover the $100 statutory penalty from the company for failing to withhold child support from her ex-husband's paychecks.

Child support wage garnishment is a process that demands strict adherence to statutory requirements. One of the requirements under Illinois's Income Withholding for Support Act is that a child support order needs to contain the name and social security number of the person whose wages are to be garnished.

In this case, the employer ignored the mother's request for wage garnishments because she failed to include her ex-husband's social security number in her notice of withholding. Moreover a "Uniform Order for Support" issued by a district court also did not include the social security number or name of the husband.

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 Posted on November 22, 2013 in Expungement

If you have a prior conviction on your record and have ever tried to get a job, you understand the problem: the employer is going to ask you if you have any convictions and you are obligated to disclose that you do. For many employers, this is a deal-breaker, and upon seeing a prior conviction, they will move on to the next candidate. This leaves you in the precarious position of not being able to obtain gainful employment, no matter how hard you try, because of a past mistake.

Both conviction and arrest records are public, so potential employers can actually see if you have been arrested for an offense; even if you were not charged. Those of us who work in the field of criminal law appreciate that there is a huge difference between being charged for a crime and being convicted–police officers make errors all of the time. But potential employers are far less forgiving.

However, there is some good news. The State of Illinois understands this dilemma and has come up with a way to seal arrests and certain criminal convictions, making it so employers (and anyone who runs a background check) cannot see them. This is what an expungement is. Basically, an expungement erases your criminal records and lets you start off fresh again.

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 Posted on November 20, 2013 in Criminal Defense

Among all the crimes in Illinois, domestic abuse is among those treated most seriously by prosecutors and judges. Domestic abuse is defined by two elements. First, there is an act of violence. This can be an assault or a battery. That means that there does not necessarily need to be any force or physical touching involved. It is possible to get an assault charge for merely making threats to someone.

For example, each of the following can be considered domestic abuse:

• Spousal abuse

• Child abuse

• Criminal violations of Orders of Protection

• Assault

• Battery

• Stalking

• Harassment/telephone harassment

• Threats

The second element of a domestic assault charge is the victim. What makes domestic abuse “domestic” is the victim. In Illinois there are several types of victims that qualify as domestic abuse victims, they are:

• Family or household members

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 Posted on November 14, 2013 in DUI

A Chicago man has been charged after allegedly causing a crash that injured nine individuals, including four police officers.

Authorities say that the crash happened on the Far South Side last week when the man was traveling in a Nissan Altima on the 10200 block of South Indianpolis Avenue. CBS Chicago reports that the man hit an unmarked police car conducting a traffic cop shortly after midnight on Monday and caused a chain reaction.

Chicago Police News Affairs Officer Jose Estrada says that the 69-year-old man's car rear-ended the squad car. The police car was pushed into a Chevy Tahoe and another cop car assisting with the stop was also hit.

The driver faces a host of charges including felony aggravated DUI causing an accident involving bodily harm. The man was also charged with two misdemeanor DUI counts, and negligent driving.

Drunk driving charges can be fought in several ways including demonstrating that a blood-alcohol test was conducted using faulty test equipment or that the person conducting the test was not qualified.

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 Posted on November 14, 2013 in DUI/DWI

Drinking alcohol is dangerous for people of all ages even if they are old enough to drink legally. The law is not meant just to get people in trouble, it is to protect them, which is why the punishments can be so severe.

Not only is consuming alcohol illegal, but those under 21 cannot even transport or have alcohol in their possession. If someone underage is caught transporting alcohol in their vehicle, they can be fined up to $500 and receive a jail sentence of up to six months. The exception to this law is if a person under the age of 21 is transporting alcohol for employment or under the order of his or her parents.

If someone underage is caught drinking and driving, their punishment will be even more severe than someone who is of age because they will have broken multiple laws. If someone underage registers a Blood Alcohol Content (BAC) of 0.08 or higher while driving, he or she may be sentenced to 30 days in jail and be fined up to $500.

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 Posted on November 11, 2013 in Your Rights

May Molina was a community activist for many years in the city of Chicago. Even with her diabetes, asthma, and inability to go anywhere without a wheelchair, she still voiced her opinion against the Chicago Police Department. She was especially adamant her son’s wrongful lockup for a crime he did not commit. In 2004, her voice was silenced after being locked up for drug possession.

For 24 hours in lockup at the police station, Molina was without her medicine. Other inmates at the time as well as her attorney notified the police on duty that Molina was becoming breathless and confused. No one acted on their warning and within a few hours, Molina was found dead in her cell.

Recently, the surviving family of May Molina has decided to filed a civil suit against the Chicago Police Department. When May was arrested, she had asked the officers to bring her medicine but she was denied. May’s family is claiming in the suit that the city normally denies medical requests of inmates at holding cells of Chicago police departments.

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