Posted on December 00, 0000 in Criminal Defense

When you think of “property,” your mind likely goes straight to your house, apartment, or land. Keep in mind that there are actually two types of property: personal property and real property. Real property is anything that is attached in a permanent state to land, while personal property is everything else. Personal property can be tangible, i.e. a cell phone, or intangible i.e. securities (stocks and bonds).

The Felony Class System in Illinois

Regardless of whether the crime committed involves real or personal property, being convicted of these crimes can have severe consequences. For example, in Illinois, a residential burglary conviction is a Class 1 felony. which requires a sentence between four and 15 years. The class system in Illinois provides for four “classes,” plus a fifth, “class X,” which was recently added to the system. Class X is considered the most severe, followed by Classes 1, 2, and 3. Class 4 is the lowest level felony, meaning it carries the shortest sentences. However, it is still a felony, which means it can have a significant impact on one’s future personal and professional life.

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 Posted on December 00, 0000 in DUI

Many of us have personal experiences with the detrimental effect drinking and driving-related accidents, deaths, and injuries can have on our lives. On the other side of that, however, are the thousands of people convicted of DUI offenses in Illinois each year. Illinois laws are designed to protect law-abiding drivers and pedestrians from those driving under the influence by establishing steep penalties for driving under the influence, but also to protect the rights of the accused.

Just before Labor Day weekend, the Illinois State Police Department and the Illinois Department of Transportation ran a campaign to encourage responsible driving. The state legislature continues to support increases in drinking and driving penalties, even for first-time offenders. Despite these campaigns and laws, police apprehend thousands of drivers suspected of drinking and driving annually, and hundreds of lives are lost as a result of driving under the influence. It is important to know what your rights are during and after a DUI charge in Illinois.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Regardless of your opinion of Mayor Rahm Emanuel’s recent gun control proposal, it cannot be denied that gun violence is still a problem in Chicago. Just recently, guns injured four people at three separate shooting sites around the city. Although all of the victims are still alive, no one is in custody for any of the incidents. These acts are among the many reasons the United States Attorney’s Office in Chicago announced this summer that a new Violent Crimes unit would be added to the department list. This is a step in the right direction, but there is still significant work to be done.

Our lawmakers, communities, and politicians continue fighting the battle against gun violence in Chicago, but the crimes nonetheless go on. The Chicago Tribune has an informative infographic that displays crime patterns over the past decade and a half, showing the tremendous impact gun violence has in our communities. The west and south side areas of Chicago are disproportionately affected by gun violence, as demonstrated in a special report on Chicago shooting victims. Young people, even children and teenagers, are also disproportionately affected by gun violence in Chicago as well.

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 Posted on December 00, 0000 in Drug Crimes

There are three primary driving considerations behind criminal punishment in the United States: deterrence, retribution, and rehabilitation. Deterrence theories suggest that if people know about the punishments associated with crimes, they will not commit them. Deterrence can be either general or specific. Specific deterrence aims to discourage the individual criminal from committing future acts by providing them with a punishment for their actions, while general deterrence seeks to make an example out of the offender, thereby deterring others from similar conduct.

Retribution is the “you get what you deserve” type of mentality. This theory supports that punishment is a necessary evil when one commits a crime. The punishment, however, must be “proportionate” to the crime committed. This standard makes retributive justice difficult to implement because it is difficult to sentence offenders for similar crimes when every circumstance is unique. Regardless, the United States Sentencing Commission produces recommended sentencing guidelines based on the severity of the crime and the offender’s past criminal convictions, which can help judges determine what kind of sentence an offender should receive for his crimes.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

City of Chicago Mayor Rahm Emanuel recently pitched a controversial idea to help open up prison space for violent offenders and to allow non-violent offenders a chance at a productive life. The pitch is, objectively, a trade-off. Mayor Emanuel is prepared to lessen Illinois drug possession laws in exchange for tougher gun control laws. Not only has Emanuel committed to decriminalizing marijuana, but his plan would also reduce minor drug possession charges to misdemeanors, which have lesser sentences than felonies. “Minor” drug possession would be considered less than one gram of any controlled substance. Anything over that amount would still be considered a felony. This would be an expansion on a marijuana ticketing bill introduced in Chicago in 2012.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

One of the obvious first questions criminals have after being arrested is “how long will I be in jail?” The answer to that depends on a host of factors, including the crime, the circumstances, the accused’s criminal history, whether the accused is a juvenile, and where the crime was committed. Most cases are tried against criminals in municipal, city, or state level courts. Federal crimes are more serious and carry much stiffer penalties associated with them than state crimes. Federal crimes usually involve more than one state, or illegal items such as weapons being transported from one state to another.

A Brief History of Sentencing

Congress formed an agency entitled the United States Sentencing Commission in 1984. The Commission was tasked with implementing a new sentencing scheme to improve uniformity and fairness in sentencing practices. Before the creation of this Commission, judges nationwide enjoyed vast discretion in sentencing, a sentencing scheme known as indeterminate sentencing. Judges ultimately got to consider the circumstances, the criminal’s history, and anything else they deemed relevant in making sentencing decisions.

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 Posted on December 00, 0000 in Criminal Defense

The crime of child sexual abuse carries an enormous stigma. This is particularly true where the allegations arise between a child and a person of influence in the child’s life, such as a parent, coach, counselor, or teacher. In criminal prosecutions, the child’s word is often taken over the educator’s. Regardless of the circumstances behind the situation, even being accused of child sexual abuse can severely negatively affect one’s life. Convictions could lead to sex offender registries, restrictions on living arrangements, and loss of employment. In other cases, convictions will lead to hefty prison sentences.

Criminal Sexual Abuse Versus Criminal Sexual Assault

In Illinois, there are two primary crimes often associated with child-educator sexual abuse allegations: sexual abuse and sexual assault. In short, sexual abuse involves touching, but not penetration. The more serious offense of criminal sexual assault must involve penetration to be convicted. Sexual assault may include touching through clothing or fondling the victim’s sexual organs. If the victim was someone subject to the accused’s authority (i.e. a teacher), the penalties can be more severe than other types of sexual abuse.

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 Posted on December 00, 0000 in DUI

Long after the 16 year old thrill of having a driver’s license for the first time wears off, people often forget the amount of responsibility we hold behind the wheel. We have obligations to other drivers, pedestrians, bicyclists, and our own passengers. We must always be alert, and we must discontinue phone use when driving, stop playing with the GPS, and certainly stop fiddling with the iPod. Our thrill turns from fun into responsibility, from exciting adventures with friends to a monotonous commute to work.

It is easy to take this seemingly simple thing, our driver’s license, for granted because we rely on it every day. What if you had one too many speeding tickets and suddenly could no longer drive to work or drive your children to school? Did you know that your license could be suspended if you have three traffic ticket violation convictions within a 12-month period?

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 Posted on December 00, 0000 in Criminal Defense

The signs are everywhere in retail establishments: “Shoplifters will be prosecuted to the full extent of the law.” What many do not realize, however, is that engaging in the act of shoplifting could result in serious criminal consequences, as well as a felony conviction.

Illinois Shoplifting Laws

Under Illinois law, stealing goods worth less than $300 will usually result in a misdemeanor. Anything greater than that is a felony. Stealing certain goods, such as gasoline, may be a felony even on a first offense. Second offenses lead to felony charges, regardless of the value of the items stolen.

Even being suspected of shoplifting can have major implications on the person’s life. It can be humiliating to be questioned for something like this, and can make future shopping situations extremely uncomfortable. For instance, two women wrongfully accused by Victoria’s Secret of stealing underwear from an Orland Park store are filing a $100,000 lawsuit against the store for the emotional embarrassment they suffered due to the false allegations.

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 Posted on December 00, 0000 in Criminal Defense

Making bad decisions as a child can have real, life altering, adult consequences. There are nearly 3,000 incarcerated persons serving life sentences without the possibility of parole for crimes they committed as youth. When we hear “life without parole,” this means that no matter how good the behavior of the incarcerated person, and regardless of whether he or she becomes rehabilitated or educated, that person will stay in prison for the duration of his or her life without exception.

This controversial practice was addressed by the United States Supreme Court in 2012, in a landmark case titled Miller v. Alabama. This case held that mandatory life sentences without the possibility of parole are unconstitutional. Read that carefully: the court decision does not mean that juveniles cannot be given a life sentence without the possibility of parole. It simply means that this cannot be a mandatory sentence, i.e., the court must consider the unique characteristics of the offender and any special circumstances before handing out such a sentence.

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