Posted on June 16, 2016 in Identity Theft

An Illinois man was recently given five years in prison for a series of identity theft schemes and failing to pay taxes. The convicted individual used other people’s credit card accounts without their consent or knowledge to purchase over $40,000 worth of goods at major retail stores. He was previously charged with related crimes in Wisconsin and Indiana. Some might call this man lucky. Identity theft schemes can result in up to ten years’ imprisonment and some large-scale operations have resulted in sentences as high as 30 years.

What Is Identity Theft?

Identity theft or identity fraud refers to crimes in which a person uses another individual’s personal information for their own financial gain. In many cases, this could mean using another person’s social security number, banking information, or credit card to make purchases. Individuals who commit these crimes may have watched a person enter a credit card or bank number over their shoulder, taken a picture of a credit card, or listened in on a phone conversation in which personal financial information was discussed. Another form of identity theft may occur when an individual responds to “spam” email which requests personal information such as passwords or banking account numbers. These emails may be disguised as official correspondence from a legitimate company or organization, but, in reality, are fraudulent.

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 Posted on June 09, 2016 in Lake County Defense Attorney

According to several reports, political heavyweights in Springfield have hammered out an agreement to extend the Illinois medical marijuana program and to add two new qualifying conditions. The changes must be approved by the full legislature, but many are hopeful that the pact represents a solid step in the right direction.

Off to a Slow Start

When the Illinois legislature passed a measure to create the state’s medical marijuana pilot program back in 2013, proponents of the bill were hopeful that the initiative would get underway quickly. The program was intended to help Illinois residents diagnosed with one of approximately three dozen qualifying conditions, including cancer, glaucoma, HIV/AIDS, hepatitis C, and many others. Despite being approved by then-Governor Pat Quinn to become effective on January 1, 2014, political infighting and bureaucratic delays continued to push back the program’s implementation. The first legal medical marijuana did not become available until November of 2015, more than 22 months later.

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 Posted on May 26, 2016 in DUI

It is easy to blame things such as entertainment and the media for the way drunk driving is portrayed and at times glamorized in our society. There is no denying that underage drivers in particular often see buzzed driving, which is a form of driving under the influence, as an acceptable thing--something everyone does, therefore it must not be a serious crime.

It Could Happen to You

The real problem is rooted in our perception of the crime, however. It is not uncommon for offenders of all ages and walks of life to view arrests associated with drunk driving as something that happens to everyone else, but not to them. Only when they are pulled over and arrested for the crime themselves do they understand the severity of the offense.

Drunk driving arrests are real, and they can happen to anyone who decides to ignore their better judgement. So, what exactly does a DUI arrest look like? What happens when a person finds themselves in the exact scenario that they were warned about and the consequences become very real, very quickly?

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 Posted on May 12, 2016 in Retail Theft

For many people, the temptation is simply too great. They go into a fast-food restaurant or other establishment with a self-service soda fountain, and order ice water with their meal. When they think no one is looking, they fill their water cup with soda or tea, effectively saving themselves the cost of a soft drink. While most realize that such actions are not exactly condoned, they would probably not expect to face serious criminal charges as a result. For one young man in Arkansas, that is almost exactly what happened.

How It Happened

According to news reports, a trio of young men ordered large cups of water from McDonald’s in Springdale, Arkansas, last month. The group then parked, entered the restaurant, dumped out the water, and filled the cups with soda from a self-serve station. The store manager confronted the group, and two of the individuals complied with his request to dispose of the stolen drinks. The third, however, fled the store and jumped into the car.

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 Posted on May 05, 2016 in Lake County Defense Attorney

How can a jury be convinced beyond reasonable doubt that a person committed a murder with which they actually had nothing to do? In some cases, false assumptions, conclusions, and testimony on the part of law enforcement and government officials can convince a jury, along with, of course, the “evidence” of a false confession obtained under very questionable circumstances. Such seems to have been the case for a man convicted in Lake County more than 15 years ago. Recently exonerated, he has now filed a suit against the police and county officials who built the false case against him.

Confession, Conviction, Identification, Exoneration

In 1999, an unidentified woman’s body was found in forest preserve near Waukegan. According to the State’s forensic pathologist at the time, the woman had been abused and died from blunt force trauma less than 12 hours before her body was found. Following intense questioning, the man confessed to inflicting some of the injuries found on the woman’s body. He was subsequently convicted of murder in 2000 and began serving a 46-year prison sentence.

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 Posted on April 28, 2016 in Lake County Defense Attorney

With tensions increasing between law enforcement officers and some communities across the United States and in Illinois, the practice of recording police officers performing their duties has grown in popularity. At the same time, it is also increasingly drawing criticism from many police departments. The question is a legitimate one: Is it against the law to record the police?

Previous Eavesdropping Law

Under the old Illinois eavesdropping law, it was illegal to record a conversation, even a public conversation, without the consent of both parties. However, in 2014, both the Seventh Circuit Court of Appeals and the Illinois Supreme Court found the law was unconstitutional because it was overbroad and infringed on protected free speech rights.

Difference Between Public and Private

Today, it is still illegal to record a private conversation without the consent of both parties in Illinois. However, you are allowed to legally video or audio record conversations and events taking place in public, without anyone’s consent. This generally includes recording law enforcement officers making arrests or performing their duties. However, there are still limits regarding what you are allowed to do.

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 Posted on April 21, 2016 in Lake County Defense Attorney

Lawmakers in Illinois took a major step toward the decriminalization of low-level marijuana possession this week as the State Senate approved a measure that was drafted to address Governor Bruce Rauner’s concerns from last year. If enacted, Illinois would join 20 other states and the District of Columbia which have already decriminalized the possession of small amounts of marijuana.

Decriminalization, Not Legalization

While many around the state and across the country continue to push for the outright legalization of recreational marijuana, the bill currently before the legislature would do no such thing.  Instead, it would remove the possibility of criminal prosecution for possession of up to 10 grams of marijuana. Low-level possession would still be against the law, but it would be addressed as a civil offense, similar to a traffic violation. Possession of more than 10 grams could still be prosecuted in criminal court, with penalties dependent upon the circumstances of each case.

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 Posted on April 07, 2016 in DUI

When you get behind the wheel of a car or truck on Illinois roadways, you, of course, maintain certain rights, but you also assume certain responsibilities. While you may not be able to control the actions of other drivers, you have the responsibility to operate your vehicle in a manner that promotes safety to both other individuals and public at large. Safe driving means that, among other considerations, you are not impaired by alcohol, drugs, or other substances. As such, Illinois law maintains that by exercising your driving privileges, you are granting implied consent to blood-alcohol content (BAC) testing whenever it deemed to be appropriate by law enforcement. If you are asked to submit to a BAC test, including breathalyzer testing, refusing to cooperate will cost you your driving privileges.

Separate From Criminal Prosecution

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 Posted on March 29, 2016 in Plea agreement

Most cases in the Illinois criminal justice system do not end in a trial. Instead, in most cases a criminal defendant accepts a plea deal also known as a plea bargain. Before you decide if a plea bargain is right for you, you need to understand how they work.

The Criminal Justice Process

Plea bargains are used by prosecutors to help keep the criminal justice system moving efficiently. Often a defendant will receive a plea offer early in the case. One of the first formal steps in a criminal case is the arraignment. This is a court hearing at which the defendant is told what he or she is being charged with and where the defendant enters a plea of guilty, not guilty, or other legally acceptable plea.

Prior to the arraignment, many criminal defendants are offered plea deals. This means they have the chance to plead guilty to a particular charge or, in some cases, a lesser charge, in exchange for the prosecutor agreeing to drop other charges or in exchange for the prosecutor recommending a lighter sentence. However, even if a not guilty plea is entered at the arraignment, there is often still a chance to accept a plea deal at a later point before the final trial.

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 Posted on March 17, 2016 in Cook County criminal attorney

Regardless of how you may feel about the subject, the reality in Illinois is that, sometimes, politics and criminal law directly affect one another. On certain levels, of course, you probably realize this to be true, as representatives, senators, and governors must be elected before they can draft legislation, amend and vote on bills, and enact new laws. Politics and public opinion can also directly impact the application of the law, as many other positions within the government are also filled by popular election. Using the power of the vote this week, the people of Cook County have spoken by voting out incumbent Cook County State’s Attorney Anita Alvarez, effectively deciding that it is time for a new chief prosecutor.

Role of the State’s Attorney

Cook County, Illinois, is the largest consolidated court district in the entire United States, serving a population of more than 5.2 million residents. The Cook County State’s Attorney is tasked with representing the people of Illinois in prosecuting crimes committed within the jurisdiction of the county court. The State’s Attorney’s Office operates as a branch of county government and currently employs more than 900 Assistant State’s Attorneys who help in the prosecution of criminal activity throughout the county’s six municipal districts.  State’s Attorneys are elected by popular vote to a term of four years.

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