Posted on December 00, 0000 in Criminal Defense

In most instances, it is not a crime to fail to report a crime. However, the Illinois government finds that some crimes are so severe, that it has made it a crime to fail to report such crimes. Failing to report suspected child abuse is one such crime that the government has mandated “mandatory reporting” for certain individuals that share a unique relationship with children, particularly teachers.

The Illinois Abused and Neglected Child Reporting Act is the codified law that requires that school teachers, among other groups of individuals, report child abuse when they have “reasonable cause to believe” that a child is being abused. The notable aspect of this law is that is has been sparsely used by prosecutors since its inception in 1975. One recent case has brought the law to the forefront, however, and serves as a reminder that some of us have obligations to file reports if we have suspicions of child abuse. This particular case actually involves allegations of sexual misconduct between a teacher and a student, but extends to all teachers that have authority over children.

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Theft. Fraud. Misappropriation. Possession. Receipt. All of these terms have legal significance under the Credit and Debit Card Fraud Act of the Illinois Criminal Code. While the broad term of credit card fraud encompasses an array of specific crimes, credit card fraud is generally defined as a person using, obtaining, possessing, selling, or buying a credit card bearing a false number or a number that does not belong to him or her. Misusing a credit card that has not been lawfully issued to you is a serious crime that may lead to federal penalties.

What Constitutes Credit Card Fraud?

Credit card fraud comes in many forms. Some of the most common, as laid out in the Illinois Credit and Debit Card Fraud Act, include:

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 Posted on December 00, 0000 in Chicago criminal defense lawyer

Being labeled as a sex offender is a punishment with wide-ranging implications that can have a detrimental impact on your life. Internet sex offenses may range anywhere from sexual harassment to producing obscene materials to a minor. Regardless of the cause of action, sexual crimes are viewed among the most severe and unforgiving under the law, and all allegations should be taken very seriously.

Sex Offender Registry

Probation, fines, and jail time aside, one of the most damaging aspects of a sex crime conviction is that you will have to register as a sex offender. Being labeled a sex offender can greatly compromise your ability to find housing, make a living, visit with your children, or maintain custody of your child. You will have restrictions placed on your ability to travel, and be present around children, schools, or parks. These limitations can greatly affect your freedom, future, and emotional well-being. You must register as a sex offender for life, and failure to timely register as a sex offender in Illinois can carry its own significant criminal penalties.

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 Posted on December 00, 0000 in Criminal Defense

All of us make mistakes at some point, especially during our youth. Illinois courts have developed programs in order to provide those that are truly regretful for their unlawful actions a second chance. Such programs allow remorseful first-time drug offenders an opportunity to avoid being plagued with convictions that would otherwise ultimately taint their record and affect their future, education, and possible work opportunities.

The Illinois Controlled Substances Act

The Illinois Controlled Substances Act provides opportunities for those who have not previously been convicted of a crime, placed on probation, or monitored for any other offense. The Act permits a court to sentence a guilty criminal defendant a period of probation, to which the defendant must strictly adhere in order to reap the benefits of the offer. If the offender can make it through the probationary term in accordance with the terms of his probation, the conviction will not appear as a criminal conviction on the offender’s record. The terms of the probation may require the individual to:

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 Posted on December 00, 0000 in Criminal Defense

“A mistake of law is no excuse.” This proverbial saying suggests us that we cannot avoid responsibility for an action with the sole defense of “I didn’t know it was illegal.” Often, our common sense can tell us things that we should not be doing, whether it be stealing something or hurting someone. Lawyers are tasked with the responsibility of knowing the law and enforcing it in the criminal courts. Police officers enforce the law on the streets, and often require extensive knowledge of the law to conduct lawful arrests and searches as a result of traffic infractions. However, the United States Supreme Court spoke out regarding the fact that police officers are not lawyers, and granted North Carolina police officers leeway in conducting a search of a vehicle based on a mistake of law.

Search and Seizure

The reasons an officer can give for lawfully pulling someone over on the roadway varies by jurisdiction. In Illinois and many states, traffic offenses are typically labeled as “primary offenses” or “secondary offenses.” An officer may conduct a traffic stop based solely on a primary offense, such as using a handheld cellular device while driving. In other states, cell phone use while driving may be considered a secondary offense, in which an officer can only cite you or hold you accountable for the infraction if they pulled you over for something considered a primary infraction in that jurisdiction. For example, in a jurisdiction that has a seatbelt requirement as a primary offense, an officer could pull you over for failing to wear a seatbelt, but also note that you were on your cell phone and cite that as a secondary offense.

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 Posted on December 00, 0000 in Criminal Defense

“In all criminal prosecutions, the accused shall enjoy the right to a speedy trial and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” The Sixth Amendment to the United States Constitution affords this fundamental right that is binding on all 50 states. Note that the specific language applies to criminal offenses, and not civil offenses.

Despite this clear language, most jurisdictions also offer protections in civil cases as well. A hot topic in both state and federal courts attempts to fill in what the Constitution does not say about the jury—how many members must be on each jury. In Illinois, a criminal defendant is afforded the right to a jury trial in both misdemeanor and felony criminal matters, but the number of jurors the defendant is entitled to is in no way set in stone.

Criminal Jury Trial Rights in Illinois

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 Posted on December 00, 0000 in Weapon Charges

Mere possession of weapons can have a detrimental effect on your future if you are one of the thousands of individuals that is not permitted to carry a weapon under the law. While everyone has a right to bear arms, this right may be taken away or limited by the government if you are a convicted felon, faced domestic violence charges, are mentally incompetent, or have other previous offenses the government deems makes you unfit to carry freely.

Limitations on Carrying Generally

Consider also that such restrictions mean you cannot carry any enumerated weapon under the law, legal or illegal. If you were carrying unlawful weapons before, these restrictions do not mean now you can only carry lawful ones. Illinois places restrictions on items such as automatic firearms, silencers, or short-barreled shotguns generally. Just because someone is willing to sell you a weapon does not mean you are allowed to possess it, even if it is something a non-felon could lawfully own.

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 Posted on December 00, 0000 in Cybercrime

Traditional bullying seems to have taken on a new meaning in the digital age. What used to consist of hitting, punching, teasing, or taunting, has in recent years led to digital abuse over online platforms that has led to the suicides of many troubled adolescents. The federal government has had significant difficulty in prosecuting and investigating claims of cyberbullying, that is, to harass, stalk, embarrass, manipulate, or taunt others via electronic means such as through computers, cellphones, or other devices. Such communication may be sexual in nature, may involve explicit photographs, or may eventually lead to blackmail.

This difficulty in prosecuting cyberbullying cases is due to a variety of factors. It can be difficult to determine a single cause that led to a suicide. With third-party parents, other youth, and online predators playing a role, it can be very difficult to pinpoint who is using a specific computer at a specific time, especially if multiple members of a household share a computer. Some think children are being too sensitive; others blame the parents for failing to supervise their children’s online activity. Regardless of where we wish to place the blame, everyone seems to agree that someone should be responsible when a child’s life ends after being endlessly harassed.

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 Posted on December 00, 0000 in Concealed Carry Law

Illinois is well-known for some of the strictest gun-control regimes in the country. Being the last state in the U.S. to enact concealed carry laws created a fear of widespread weapon proliferation and increased street violence. Officials issued nearly 100,000 permits in 2014, after a thorough investigation of applicants’ histories and fingerprint scans. Though critics question the correlation between concealed carry rights and decreasing violent crime rates in Illinois, the latter has been proven true in 2014. Whether coincidence or not, crime rates are dropping throughout Illinois.

Concealed Carry Permits

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 Posted on December 00, 0000 in Drug Crimes

Methamphetamine is an addictive drug that is a substantial public health risk. More than that, meth is also a drug that can be made of many household items, making it accessible to everyone. Its components are relatively simple, but its creation is dangerous and complicated and can lead to significant safety threats, including chemical burns, explosions, fires, and other injuries. Even “amateur” labs utilizing relatively simple methodology can lead to participants being convicted with felony drug offenses. Operating a meth lab is a serious offense in Illinois and involvement in such operations can have a substantial effect on your future.

Methamphetamine in Illinois

A recent news story summarized the 100-plus arrests made in Illinois’ own St. Clair County. Along with drugs come guns, violent criminals, violent offenses, and disputes over money, domain and power. Possession, use, and distribution of methamphetamine, while in itself a crime, may also lead to charges such as:

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