Posted on December 00, 0000 in Criminal Defense

The Fourth Amendment of the United States Constitution protects against unreasonable search and seizure by authorities. For this reason, police and other law enforcement officers must have a warrant in order to search you or your home for evidence of a possible crime. There are some exceptions to this warrant requirement, one of which being that police are allowed to search you when they are arresting you. In a current case, the Supreme Court of the United States is examining whether the search incident to arrest extends to a suspect’s cell phone.

How a Cell Phone May Implicate You

In this day and age, the majority of Americans have cell phones, and many people have smartphones, such as Androids or iPhones. These devices are more than simply phones, however, since many people use them as messaging systems, planners, organizers, account-managers, and mini-computers.

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 Posted on December 00, 0000 in Criminal Defense

“Date rape” is a common term used to describe an alleged sexual assault that occurs between two people who know one another. Often defendants are accused of date rape by someone with whom they were previously or currently in a relationship. At other times accusers are simply friends or acquaintances of the alleged offender. Date rape accusations can also stem from encounters at parties, especially among college or high school students.

The colloquial term for these accusations leads some to mistakenly believe that date rape is not as serious as other sexual assault charges, perhaps not carrying as severe of consequences. This assumption is a mistake. Date rape charges are very serious, and must be defended against vigorously to protect your future.

Understanding What Is Considered Rape

There are many different sex crimes with which one may be charged. The exact charges stemming from a date rape allegation may vary depending on the specifics of the situation. For example, under the Illinois Criminal Sexual Assault Act, rape charges require:

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 Posted on December 00, 0000 in Criminal Defense

Some local Illinois residents facing criminal charges attempt to handle their own case in court without the aid of a criminal law attorney. No matter what the rationale for trying to represent yourself may be, it is critical to understand the many pitfalls of this approach. The criminal justice system is quite complex, and every case requires a mix of legal expertise, procedural acumen, and familiarity with techniques of advocacy. As a result, it can be almost impossible for a defendant to navigate the system successfully without the guidance of an attorney.

In most cases, self-representation seems like the best option for financial reasons. When making these decisions though, it is critical to think long-term. What decision will best position you to get beyond the immediate challenges without loss of your freedom or permanent damage to your reputation? In many cases, protecting your future interests requires the experience, skill, and advocacy that only a criminal defense attorney can provide.

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 Posted on December 00, 0000 in Criminal Defense

Approximately one tenth of adults in the United States admit to shoplifting something in their lives. Only a small fraction of these individuals get caught, but when they do the consequences are often severe enough to set an example. For those charged with shoplifting, the ordeal can be a humiliating and potentially reputation-tarnishing experience.

Illinois legislators define shoplifting in a way that is broader than some may realize. According to the statute, shoplifting means not only intentionally concealing and carrying merchandise out of the store, but also intentionally:

• Switching price tags on merchandise to make the desired item ring up cheaper at check out;
• Switching packaging of merchandise to put the desired item in a package that would ring up    cheaper at the register;

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 Posted on December 00, 0000 in Arrest

As warmer weather finally begins to reach the state of Illinois, residents call to mind thoughts of upcoming barbecues, festivals, parties and camping trips. Speaking from a defense attorney’s perspective though, warmer weather also brings about something else: a rise in violent crime.

Recent studies suggest that the rise in temperature in seasonal climates like Illinois accompanies a rise in violent crimes such as murder, rapes, assaults, and thefts. One study even goes so far as to suggest the temperature increase due to warming would trigger violent crimes to rise by one to three percent over the next century, with social costs estimated to run as high as $115 billion.

Increase in violent crime rates in warmer weather may occur for a variety of reasons. First, summer gatherings beget more opportunities for socializing, which in turn leads to a rise in social confrontations and tension. Second, given that a large percentage of violent crimes are perpetuated by juveniles, the onset of summer break may be another factor that contributes to the rise in crime. Third, police officers, like most other Illinois residents, simply enjoy the nice weather. Officers are more likely to work overtime, be more attentive while working, and accept assignments patrolling high crime areas, often by foot.

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 Posted on December 00, 0000 in Criminal Defense

As the season for high school and college graduation parties rolls around, many parents and other party hosts face the difficult task of having to monitor their guests’ alcohol consumption.  Typically risks may arise with two types of guests: those who are intoxicated who may pose a risk to themselves and others, and guests under the age of 21 who try to consume alcohol. This article focuses on the second risk area regarding alcohol consumption of underage guests. If you are planning on throwing a party where alcohol will be served, it is helpful to keep in mind the risks and protections afforded by Illinois law.

Alcohol Consumption of Minors

Illinois criminal and civil laws work in tandem to deter and penalize party hosts, also known as “social hosts” from permitting underage guests to consume alcohol.

First, under the Liquor Control Act of 1934, it is illegal for individuals over the legal drinking age of 21 to buy alcohol for the purpose of supplying the alcohol to a person who is under the legal drinking age. Moreover under the recent amendments, it is likewise unlawful to host a gathering where individuals under age 21 are consuming alcohol. However, parents may serve alcohol to their own child at home as long as the child is supervised while he or she is drinking the alcohol.

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 Posted on December 00, 0000 in Criminal Defense

For over a decade, the Illinois court systems have recognized the link between substance abuse problems and crime recidivism rates. In typical courts, a defendant found guilty of drug possession may face a steep fine or jail time ranging from three months to 15 years. Afterwards convicted individuals may face sparse employment prospects due to a blemished criminal record. Additionally, those struggling with substance abuse problems may be further influenced to commit property crimes such as credit card forgery or violent crimes such as armed robbery in order to sustain a drug habit.

For individuals who keep running into legal problems for offenses stemming from drug use, and who are motivated to overcome their addictions, Illinois has instituted drug courts as an alternative sentencing method. The purpose of these courts is to aid non-violent substance abuse offenders in their recovery from drug and alcohol addiction. In drug courts, state judges focus on sentencing selectees to a drug treatment plan in hopes of rehabilitating the selectee rather than sentencing the individual to jail or fines for the purpose of punishment. The overall policy goal of the program is to stop legal problems caused by drug addiction from the root.

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 Posted on December 00, 0000 in Arrest

During the week of May 19th, National Public Radio ran a series on its investigation into the practice of jailing individuals for unpaid debts to the criminal justice system.  Calling it the resurgence of “modern day debtor’s prisons” in America, NPR correspondents highlighted the effects these practices have on low income individuals who were fined for minor crimes.

They told a story of a 19-year-old father in Ionia County, Michigan who was fined 155 dollars for catching a fish that was out-of-season.  He was unable to pay the debt or borrow money to pay the entire debt, which had escalated to over 200 dollars by the time of the hearing.  Citing the need to have respect for the law even for minor violations, the presiding judge sentenced the man to jail time.  The story also covers an account of a 23-year-old mother of two who served an 11-day jail sentence for failing to make payments on a fine for driving without a license that escalated to 1,400 dollars.  In another segment, NPR correspondents summarized how serving jail time can destroy a defendant’s ability to keep a current job or get hired at a different job again in the future.

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 Posted on December 00, 0000 in Criminal Defense

Many people spend a lot of their time in their cars and consequently find themselves racking up more than a few traffic tickets each year. If you are one of the people who find yourself accruing a speeding ticket here and a stoplight violation there, but promptly pay the tickets, you may believe you are safe from further legal consequences.

This might not necessarily be true. According to the Illinois Vehicle Code, repeated traffic violations may lead to significant legal penalties. Repeated driving violations can raise insurance rates and result in heavy fines, mandatory classes or community service or even jail time.

Illinois Traffic Law

The Illinois Traffic Code ranks driving offenses using a point system. This means if you are convicted of a codified traffic violation, you get a designated number of points on your license.  Each codified offense in the Illinois Vehicle Code is assigned a specific point value based on the severity of the traffic offense. For example, passing a school bus when its alert signals are on results in a 25-point penalty, passing another motor vehicle in a no passing zone is a 10-point fine, and reckless driving can be a 55-point fine. Once you accrue a certain number of points on your license, you may incur a penalty such as the suspension, revocation or cancellation of your driver’s license. The severity of the penalty may hinge on the amount of points on your driving record.

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 Posted on December 00, 0000 in Drug Crimes

According to the United States Department of Education, there are several situations in which a student may lose financial aid eligibility based on a prior drug conviction.

Requirements for Renewing Financial Aid Eligibility

The U.S. Department of Education determines a student’s financial eligibility each year through use of the Free Application for Student Aid (FAFSA) form. Every year the student must complete an updated FAFSA form in order to remain eligible for financial aid. The U.S. Department of Education can determine whether a student was convicted of a drug-related offense in the last year by reviewing the FAFSA form, as one portion of the FAFSA form requires applicants to indicate whether they have been convicted of a drug-related offense. If the student answers affirmatively, he or she is then required to complete a supplemental worksheet concerning the nature of the offense for which she was convicted.

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