Posted on December 29, 2015 in Uncategorized

Feds to help Waukegan police repair strained relations with community

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 Posted on December 29, 2015 in Underage Drinking

For several years, the state of Illinois has granted immunity from criminal prosecution to individuals who call 911 for another person in danger of overdosing on heroin or other dangerous drugs. Lawmakers and proponents of so-called “Good Samaritan” laws believe that by offering immunity, a person with the ability to take action and save a life is more likely to do so if they are not in fear of criminal repercussions. Earlier this year, the Illinois legislature took the concept a step further, approving a measure that would offer similar protections to underage drinkers seeking emergency medical assistance.

Responding to the Dangers

The new law, set to take effect January 1, 2016, was signed by Governor Bruce Rauner in late August. Supporters of the bill believe that those in a position to help are often paralyzed by the thought of getting in trouble with the law themselves. House sponsor Rep. Scott Drury, D-Highwood cited a particular example from within his district. “People were reluctant to call for help, but someone did,” he said. “And then both the teenager and the friend who called ended up getting citation for the situation.” Similar amnesty laws have been put into place in various places around the country, including many college campuses, and surveys indicate they are having desired effect.

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 Posted on December 28, 2015 in Uncategorized

Calls raise doubts on whether police knew of mental issues before fatal shooting

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 Posted on December 17, 2015 in Traffic Law

Everyone gets speeding tickets once in a while. There are myriad of reasons for it—and while it sometimes may be possible to “talk yourself out of a ticket” with Illinois police officers, if you are pulled over for aggravated speeding, the chance of getting a ticket, and a hefty one, increases exponentially. While a normal speeding ticket may only result in supervision as a sentencing option, if the speed at which you were driving can be categorized as aggravated speeding, Illinois state law allows for a misdemeanor conviction. This is true whether you are found guilty in court or whether you enter a guilty plea for the speeding offense.

So what classifies as aggravated speeding in Illinois? If you are found to be going more than 26 miles over the posted speed limit—regardless of the reason, even if it is a qualifiable emergency—you are subject to an aggravated speeding charge. This charge will stay on your driving record for up to seven years.

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 Posted on December 03, 2015 in Criminal defense lawyer

While shoplifting may seem to be a rather victimless crime—the offense affects a corporation, rather than the livelihood of an immediate person—shoplifting is in fact a crime that affects us all, from law enforcement to retail managers to the legal system. Dealing with small or misdemeanor crimes such as retail theft costs money and time for communities from the ground up. And with more than 27 million shoplifters nationwide (that comes down to about one in every 11 people across the country), it is no small problem.

Surprising Statistics

Contrary to popular opinion, adults actually shoplift more than kids: three-quarters of all shoplifters are adults at the time of the alleged incident, though more than half of these admit to having begun shoplifting in their teenage years. Methods for shoplifting vary, but it is common that a person would buy something at the same time that he or she shoplifts, which some researchers say is thought to be a “cover” for these thieves. The crime is difficult to pinpoint, however, in part because the vast majority of these incidents are not pre-meditated; 73 percent of adult and 72 percent of young shoplifters report that they did not plan to steal in advance.

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 Posted on November 26, 2015 in Cook County criminal attorney

For some criminal defendants, their cases are not over once they have been convicted. The U.S. and Illinois Constitutions have many safeguards in place to prevent wrongfully convicted people from remaining locked up. However, it often takes a skilled lawyer to help navigate all of the rules and procedures that govern post-conviction relief.

What Happens Once You Have Been Convicted?

In a criminal case, once you have been convicted, you will be sentenced. In some cases, you are able to remain free on bond waiting for your sentencing hearing. In others, you may be taken into custody and begin serving time while you wait for your formal sentencing hearing.

After you have been convicted you typically have 30 days to file an appeal of your conviction. If you entered a guilty plea, you only have 30 days to withdraw your plea. If you successfully withdraw your plea, your case is far from over. Instead, it will essentially start all over again. This time your case will be on track for a trial.

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 Posted on November 19, 2015 in Sexual Offenses

Earlier this year, four Chicago-area teens were charged in relationship to sexting, a practice that is becoming increasingly common for young people and adults around the country and throughout the world. In separate case, a North Carolina teen was listed on a warrant as both the defendant and the victim in a sexting-related arrest. The constant availability of electronic communication, combined with the often questionable decision-making skills of teenagers, has led to growing concern over an issue that, in many jurisdictions, is tantamount to the dissemination of child pornography.

What is Sexting?

The word “sexting” has been thrown around quite a bit in recent years, and its precise definition varies depending on the situation. An amalgamation of the words “sex” and “texting,” the term generally refers to the sending of nude, semi-nude, or sexually explicit images by cell phone or other electronic device. Most often, sexting includes “selfies,” or photos taken by the sender for the express purpose of sharing them electronically. According to studies, more than half of all American teens have sent or received sexting messages, prior to reaching age 18.

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 Posted on November 12, 2015 in DUI

Drunk driving may, in some ways, be a relic of the past—it is not common for a person to get behind the wheel of car when he or she has been drinking and to not recognize that what he or she is doing is illegal and dangerous. Awareness about the danger and irresponsibility of drunk driving has steadily increased since the early 1990s when states began to launch serious campaigns to deter drunk drivers and police forces around the country cracked down on drunk driving offenses. Yet the problem has not, to any real extent, been eradicated, and in fact, numbers tend to fluctuate from year to year. In 2012, for example, there was a significant increase in the number of fatalities resulting from drunk driving, that after 2011 when the death toll fell below 10,000 for the first time.

That year saw a 3.3 percent increase in fatalities, causing some activists to call for ignition interlock devices to be installed in the car of every convicted drunk driver across the country. In Illinois, a person convicted of drunk driving may apply, during the period of statutory summary suspension of his or her driving privileges, for driving relief, and choose to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle. If a person convicted of drunk driving chooses to have the BAIID installed in his vehicle during that period of license suspension, there are no other stipulations regarding his driving rights—he is allowed to travel, even interstate, providing that the BAIID is installed.

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 Posted on October 29, 2015 in White Collar Crimes

In the wake of the 2008 economic recession, many politicians began to speak out against the seemingly unjust laws that allowed for the white-collar criminals who perpetuated the crash to walk free. Banks themselves were deemed “too big to fail,” meaning that the executives who manufactured the crash through unsavory business practices that left many American families bankrupt never faced retribution for their crimes. In the vast majority of cases, corporations were slapped with legal fines—most of which registered minutely, if at all, on corporate profit and loss statements—but most individuals behind the actions were never even questioned in court. In large part, this is because the unsavory behavior was not technically illegal, and no legal structure is currently in place to aggressively pursue the individuals who act on behalf of corporations. This could be changing.

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 Posted on October 22, 2015 in Drug Offenses

A few months ago, a post on this blog discussed a bill that had been sent to Illinois Governor Bruce Rauner that would have extended the state’s medical marijuana program. At the time, the governor had given no indication as to which way he would decide, but in the weeks and months since, his decision has left proponents of measure unsatisfied.

Hopeful Progress

Despite taking effect in January of 2014, the Compassionate Use of Medical Cannabis Pilot Program Act still has yet to provide a single patient with legally grown and distributed medical marijuana. It has now been nearly two years and only the registration process is fully underway. In the last few weeks, cultivation centers have announced that harvesting of the first legal crops has begun, and that medical marijuana products should be reaching dispensary shelves soon. Meanwhile, some 3,000 qualified, registered patients continue to wait.

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