Posted on November 07, 2013 in Illinois Laws

Senator Julie Morrisonhas sponsored a bill, which along with other measures will make waterways safer next year. For Morrison, this bill is personal. In 2012, her nephew, 10 year old Anthony Borcia was killed after falling off a tube on Petite Lake in Northern Illinois. Morrison stated that “for me, this law is about turning a personal tragedy into an opportunity to protect other people. Last summer, my nephew was killed by a boater under the influence of drugs and alcohol. I’m doing everything I can to keep other families from experiencing our loss.”

The person responsible for Tony’s death was David Hatyina. He was sentenced to ten years in jail after pleading guilty to operating a motorboat while under the influence of alcohol and cocaine. His blood alcohol level while operating his boat was between .09 and .12, which is over the legal limit.

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 Posted on November 03, 2013 in Criminal Defense

Federal authorities recently charged a former Cook County Forest Reserve District engineer with accepting "kickbacks" in the course of two district contracts.

Networking is an important part of many major business deals. Often individuals who are responsible for making a business deal or contract happen receive incentives from a grateful contractor or business partner.

While these incentives are common and accepted in the private sector, these types of arrangements can result in serious charges against public employees.

Federal authorities charged Joseph Mollica, a former engineer for the Cook County Forest Preserve, with federal bribery. Authorities say that Mollica had the ability to influence and award contracts for public work done under $25,000 and use this power to accept cash payments from contractors.

"Together, the indictment and complaint allege that on Oct. 14, 2011, Mollica accepted a $6,000 kickback from a $24,900 contract to refinish and refurbish the Forest Preserve District's headquarters building, where he worked, located at 536 N. Harlem Ave., in River Forest," Federal authorities said in a press release. "On Dec. 16, 2011, he allegedly accepted a $4,000 kickback from a $16,500 contract to power wash and stain the building and boardwalk and do caulking at the Sand Ridge Nature Center in Calumet City."

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 Posted on November 03, 2013 in Criminal Defense

We have all heard that texting while driving is dangerous, and that texting distracts drivers and endangers passengers and other drivers on the road. No one wants their child in a vehicle while the driver is texting or otherwise distracted from the road.

What about a vehicle with a bunch of child passengers and a texting driver? One Florida school bus driver decided to use her cell phone while driving a bus full of middle school students home from school.

A 14-year-old girl pulled out her phone to record her bus driver swearing and yelling at the students, but instead caught the driver texting.

In the video, the driver was shown driving with one hand on the wheel and the other holding her phone, texting. Her eyes were on the phone, not on the road.

ABC news reported on the video in which the bus driver jerked the wheel, apparently after drifting into another lane, and then continued to text.

This bus driver has been suspended for violating the school districts policy, but Florida’s texting while driving law does not go into effect until October, and even then, it excludes bus drivers, who will be under the power of the school that they work for.

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 Posted on October 30, 2013 in Your Rights

Being accused of shoplifting can be a very embarrassing experience, and there’s a tendency to want to work with store managers or security personnel to clear the air. As an accused shoplifter, however, you have rights, too. If you have been accused of or charged with shoplifting, you could face penalties or fines, so contact a Chicagocriminal defense attorney immediately.

Stores across Illinois, like Jewel-Osco, are serious about shoplifting and are taking measures to reduce occurrences. This chain has taken self-checkout stations away with a growing concern that people were not paying for their items. Sometimes, however, customers are accused of shoplifting when they did nothing wrong, being pressured to admit to a crime they never committed. Being accused of shoplifting is both stressful and humiliating, especially if you’re a regular shopper at the store.

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 Posted on October 26, 2013 in DUI/DWI

According to the state of Illinois, probation is one of the most common forms of punishment for juvenile crimes in the state. Understanding the limitations linked to probation is helpful for understanding what a juvenile’s life might look like after court. If you or your juvenile child is facing charges, contact an experienced Illinois criminal attorney today.

Probation means that those individuals are able to return to the community so long as they comply with court-ordered requirements. A probation officer is appointed to review their compliance with these court conditions. Generally, Illinois probation sentences last from 12 to 24 months, although this period can be extended to five years or until the youth’s 21^st birthday, whichever comes first. This extended probation period is mandatory for those with first degree murder cases, class X felony cases, or forcible felony charges.

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 Posted on October 22, 2013 in Divorce

Property settlements tend to be one of the most complex areas of Illinois divorces. The division of marital assets is often highly emotional and has long-lasting consequences for the partners involved.

The division of marital property is typically controlled by the Illinois Marriage and Dissolution of Marriage Act.

The Act generally carves out property acquired before marriage from the marital estate. This means that things which you owned before the marriage cannot be taken by your spouse during a divorce.

That is, unless these items have been "transmuted."

When Illinois Property is Transmuted into a Marital Estate

According to the Merriam-Webster dictionary, the word "transmuted" means "to completely change the form, appearance, or nature of something."

Under Illinois law, property that who acquired prior to a marriage can be transmuted, or changed, into marital property under certain circumstances.

Generally nonmarital property is transmuted when it is comingled or otherwise mixed into a marital estate for the purposes of reimbursement or there other evidence that of an intention that the nonmarital property was intended to be gifted to the marital estate.

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 Posted on October 22, 2013 in Illinois Laws

Illinois has a new medical marijuana lawthat will go into effect January 1, 2014, providing individuals across the state with certain medical conditions the opportunity to obtain the drug to manage their medical concerns. There are still penalties in the state for growing, selling, or possessing the drug outside of particular circumstances linked to the medical marijuana law. If you’re facing charges for marijuana possession or sale, reach out to an Illinois criminal attorney for guidance.

The Department of Public Health is responsible for determining the medical conditions that are eligible for medical marijuana. Dozens of conditions such as MS and HIV/AIDS are currently approved. There are 22 cultivation sites across the state, one for each state police district. Approved patients can purchase up to 2.5 ounces twice per month (once every two weeks).

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 Posted on October 19, 2013 in Your Rights

If you’re pulled over in Illinois and the officer has reason to believe that you may be under the influence of alcohol, he or she can ask you to complete a field sobriety test. Depending on the results of that test, the officer may request that you complete a chemical test to verify your blood alcohol content (BAC). Knowing what you are required to do in these circumstances can make a big difference in whether you lose driving privileges or not. If you have been arrested for DUI, your first step should be to contact your Illinois criminal law attorney for advice.

In Illinois, failing a chemical test or refusing to submit to chemical testing might lead to statutory summary suspension or revocation. It’s important to note that these rules apply to Illinois drivers pulled over for DUI in other states, too. If you refuse to submit to chemical testing, immediate penalties will apply. However, if you contact a DUI attorney immediately, you can fight a license suspension.

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 Posted on October 16, 2013 in Violent Crime

According to Reuters, Chicago continues to boast the highest murder rate in the country, in spite of a 22 percent drop earlier this year. Most of this Illinois criminal violence is attributed to gang wars. It is currently estimated that there are as many as 630 different gang factions fighting for territory within the city of Chicago. In an effort to reduce the number of gang-related crimes within the city, Chicago police are now turning to a new social media tool.

Chicago police worked closely with local sociologists in order to develop the tool, which is known as “network analysis,” according to Governing magazine. It works similarly to Facebook’s graphic search tool, and allows members of the Chicago Police Department to map the relationships between the city’s most active gang members and predict their behavior based on a number of factors. This prediction tool allows them to not only see which gang members are most likely to become violent; it allows them to see which ones are likely to become victims as well.

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 Posted on October 15, 2013 in DUI

The village of Skokie is being sued by a Chicago woman who claims she was brutalized by police officers after her DUI arrest last winter.

The Chicago Tribune reports that 47-year-old Cassandra Feuerstein had to undergo facial reconstructive surgery after she was shoved headfirst into a jail cell bench by a police officer who arrested her for DUI.

The woman's attorney says that the entire incident was caught on the jail's video surveillance system.

"The video speaks for itself," attorney Torreya Hamilton said. "She does nothing to justify what this male police officer does."

The village of Skokie characterizes this as an isolated incident and says that all officers who were present during the time of the incident were interviewed.

"The Village of Skokie is committed to reaching a full resolution in this matter," village officials said.

The woman pleaded guilty to DUI and is suing the Skokie of an unspecified amount in damages.

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