Posted on December 00, 0000 in DUI

Typically, when one hears the term DUI, their thoughts immediately turn to the use of alcohol. Driving under the influence of drugs or other intoxicating compounds, however, are also grounds for receiving a DUI. Every state has its own version of laws that dictate the punishments and fines for offenders. In Illinois, the punishments and fines for driving under the influence can be severe, regardless of the circumstances.

The Law

Illinois publishes the Illinois DUI Fact Book every year in conjunction with the Office of the Illinois Secretary of State. The 2014 version of the Fact Book was released in January of this year. Additional information may be found in the Illinois Vehicle Code at 625 ILCS 5/11 et al. What you must know is that .08 percent is the legal limit for a blood alcohol content (BAC), and it takes surprisingly little alcohol to reach this level, depending on your body weight and physiological makeup.

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 Posted on December 00, 0000 in Criminal Defense

Fifteen-year-old Emmanuel Johnson did not shoot and kill Deonte Mackey. But Johnson is being charged with murder anyway.

Here are the alleged facts: the trouble began when Johnson and Mackey, 16, along with another teenaged accomplice, attempted to rob an off-duty sheriff at gunpoint. It was the sheriff who killed Mackey during the course of the attempted robbery at a Cook County gas station. But, under Illinois law, it might as well have been Johnson who pulled the trigger.

Armed robbery is a felony, and when a person is killed during the commission or attempted commission of a felony, Illinois classifies that killing as felony murder. Intent is irrelevant. If a jury determines that the attempted robbery was the proximate cause of Mackey’s death, then Johnson – and potentially the other accomplice as well – is guilty by association. This is a controversial rule, but it is important to understand. Felony murder is treated like first-degree murder, and in Illinois, offenders may face the death penalty. (However, if convicted, this will not be Johnson’s fate since the U.S. Supreme Court abolished the death penalty for juveniles in 2005.)

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

There are several different types of misdemeanor crimes in Illinois. From the possession of small amounts of drugs to disorderly conduct, and many other crimes, local residents are routinely charged and convicted of misdemeanors. While not as serious as felony offenses, misdemeanors still come with big fines and the possibility of spending up to a year in jail.

Unfortunately, a criminal record of any kind--including those with misdemeanor charges--will have a lasting impact on one’s life. Even if the charges against you were dismissed, an arrest record remains and is public information,  impacting  your reputation years down the road.

Fortunately, there are legal tools available to wipe the slate clean or at least ensure information about past transgressions is out of the public eye. In certain situations, Illinois law allows residents to expunge or seal their criminal records.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

There are many different types of drug crimes in Illinois, usually related to possession, delivery, or manufacturing of illegal substances. Drug possession charges are particularly common.  Local residents often face possession charges following a search after being stopped on the street or pulled over in a car.

In Illinois, criminal drug/controlled substance possession is governed primarily by the Illinois Controlled Substances Act and the Cannabis Control Act.

What Penalties Do Possessors Face?

Potential penalties depend on the type of drug possessed and the amount. In addition, there may be aggravating circumstances that increase the penalties, like if the possession occurs near a school or if the illegal drugs are found while one in the possession of a gun.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

A major crime that is becoming more and more common is that of credit card fraud. Earlier this year, two individuals were arrested in the Chicago area by the United States Secret Service’s Chicago Electronic Crimes Task Force on charges of credit card fraud. The two men in this case did not do any fancy computer hacking, but were able to obtain credit card information, which they then used to purchase electronics. Once the purchases were made, they had the electronics shipped to empty homes, where they could easily go and pick up the packages.   This is an example of credit card fraud. During the 2013 holiday season, major identity and credit card thefts made headlines when it was discovered that millions and millions of customers at Target stores nationwide may have had their credit card information stolen through technological trickery. Such network intrusions occurred at Target, as well as other consumer locations, such as grocery stores and major retailers.  Those credit card numbers are sold to buyers, often times in other countries.  The reselling of those credit card numbers is another example of credit card fraud. Illinois Credit Card Law Under Illinois law, credit card fraud and identity theft are taken very seriously. It is a criminal offense in the state to knowingly make a false statement in order to procure a credit card. It is also an offense to possess a lost credit card with the knowledge that it is in fact lost, and with the intent to use or sell it; to possess another’s credit card without their consent and with the intent to use or sell it; as well as to knowingly sell or purchase a credit card without the issuer’s consent. Criminal credit card fraud also occurs through the knowing use of forged, counterfeited, expired, or revoked cards to make a purchase, or making a purchase by falsely representing one’s identity as the actual legitimate cardholder. Possible sentences for the crime of credit card fraud and identity theft will be handed out based upon the number of credit cards that were stolen, the amount of value of the property stolen by credit card, and the number of transactions that were made.  It also matters whether the case is being brought under federal laws or under Illinois statutes.  In Illinois, a Class A Misdemeanor for credit card fraud is punishable up to 364 days in jail and/or up to a $2,500 fine. Potential Defenses Lack of intent to defraud the owner of the credit on the part of the accused is a possible defense. Perhaps, you were given permission to use the credit card and now the owner of the card claims that you were not authorized to use it.  It may also be a defense if you stole and used credit card information under duress by another person who forced you to use the card. You may be able to argue that you abandoned the transaction before completing it so it is not a crime, or that you were induced by law enforcement to commit the fraud, thus raising a possible defense of entrapment. There are many additional possible defenses that one may use to combat credit card fraud charges. Each case is very different and the defense created for each case must be designed based upon the facts and circumstances of the particular case.  All angles must be reviewed and all avenues pursued.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Under the Fourth Amendment of the United States Constitution, which prohibits unreasonable searches and seizures of one’s property, as well as under Illinois law, law enforcement accordingly is not allowed to conduct a search of a home without a court-issued warrant to do so, except under very limited circumstances. A warrant is a formal order issued by a judge that permits and instructs a law enforcement officer to enter a premises and conduct a search for evidence or to arrest a suspect. It is issued on a showing of probable cause that the search is in furtherance of a criminal investigation.

Entering without a Warrant

Under Illinois law and U.S. constitutional law, law enforcement officers may enter a home in instances of an emergency. The following scenarios serve as exceptions to the need for a warrant to search a home:

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Next month, residents throughout the community will attend parties, barbecues, and festivals to celebrate the Cinco de Mayo holiday. These celebrations have grown in popularity in recent years. After this particularly brutal winter, everyone seems to be looking for any excuse to enjoy the warming weather.

Unfortunately, this time of year also comes with another risk: drunk driving. Alcohol flows abundantly at many of these gatherings, and some partygoers end up getting behind the wheel while intoxicated. Driving under the influence of alcohol is not only a serious crime but it can literally be a matter of life and death.

Plan Ahead

Safety advocates point out that drunk driving arrests, accidents, and injuries all increase on or near May 5th. According to one estimate, over 230 people were killed in drunk driving crashes around the holiday in the last five years alone. Even worse, the problem seems to be growing, as the number of annual drunk driving deaths on Cinco de Mayo doubled in a single year from 2011 to 2012.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

In July 2013, the Illinois state legislature passed the Firearm Concealed Carry Act, which came into effect in early 2014. This law created a system by which the Illinois State Police may issue concealed carry gun permits to individuals who are at least 21 years old; have a valid FOID card; have not been convicted or found guilty in Illinois or any other state of:(A) a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the license application; or(B) 2 or more violations related to driving while under the influence within the 5 years preceding the date of the license application; who do not have an outstanding arrest warrant or pending a criminal case; and who have not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the license application.    Those wishing to obtain permits must attend 16 hours of class to train and be prepared for the responsibility of carrying a concealed weapon.

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 Posted on December 00, 0000 in Domestic Violence

Assault, battery, or other acts of violence against any other person may be a criminal offense with serious penalties. Illinois law goes further and specifically criminalizes violence against certain members of your family, partners, or those in other types of close relationships.

The Illinois Domestic Violence Act of 1986 sets out particular consequences for such acts, which are considered to be under the category of “domestic violence.” Domestic violence charges can be very serious and may include a wide array of potential consequences depending on your particular situation. If you have been arrested on suspicion of domestic violence in Illinois, you should contact an experienced defense attorney for help as soon as possible.

What Constitutes Domestic Violence?

The identity of the alleged victim is the first step in determining whether an act falls under domestic violence. The victim must be a “family or household member,” which includes the following:

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 Posted on December 00, 0000 in Criminal Defense

The primary duties of a criminal defense attorney include protecting your rights and building a strong defense for your case that will allow for successful prosecutor negotiations or a dismissal in court. While the specific defenses that can be used against criminal charges vary depending on the specific allegations and details of each case, the following are some common defense strategies used by experienced Illinois criminal lawyers:

Learn the defendant's story. Sometimes, criminal defendants openly confess to the crime to their attorneys, while other times they completely deny involvement. In additional instances, a defendant may admit to only part of the offense, but provide an alternative explanation for their involvement. A qualified defense attorney will listen closely to what the defendant states and decipher the truth of what happened.

Compare the defendant’s truth with the prosecutor's "truth." Even if both the defense attorney and the prosecutor heard the same basic story regarding the events in question, they may each present the facts of what happened in two different ways. For example, a prosecutor may state a defendant punched their client because he or she was angry. However, a defense attorney may tell a different version, claiming that the defendant punched the accuser because he or she swung first and made them fear for their own safety. Explaining the facts and truth of a case in an alternate manner is an important skill for a defense lawyer.

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