Posted on April 26, 2018 in Traffic Offenses

The Fourth Amendment to the United States Constitution grants us the right be free from unreasonable searches and seizures. Searches are scrutinized to make sure that an individual’s constitutional rights are not infringed upon.

There are numerous cases in which a person is pulled over for a seemingly routine traffic stop, but it results in the search of the individual’s car and a potential arrest if illegal behavior or substances are found. However, a police officer does not always have the right to search your vehicle at just any traffic spot.

Ultimately, if you have been stopped by the police and placed under arrest, it is in your best interests to contact an attorney immediately. To be sure, an experienced lawyer can examine the specifics of your case and begin mounting an aggressive defense.

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 Posted on April 24, 2018 in Criminal Defense

In Illinois,trespassingcan occur in several waysand include trespass to vehicles, trespass to real property, and trespass through the use of electronic tracking devices. Generally, trespassing is a misdemeanor crime. However, some properties hold a felony charge. One such example is trespassing on government buildings. Trespassing on government buildings will likely result in a felony trespassing charge. The intention behind the trespassing is also considered when assessing the severity of the crime and the appropriate punishments to follow.

Types of trespassing crimes in Illinois include the following:

• Criminal Trespass to Vehicles: Criminal trespass to vehicles is defined as a person entering any part of, or operating, any vehicle, aircraft, watercraft, or snowmobile. The individual must knowingly enter the vehicle and must not have any authority to do so.

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 Posted on April 20, 2018 in Disorderly conduct

Facing charges of disorderly conduct can be a truly frightening experience. To be sure, you may not understand the charges, nor how to effectively deal with the criminal justice system. If you find yourself in this situation, it is in your best interests to contact an attorney immediately. A legal professional can advocate aggressively on your behalf to help protect your rights throughout each step of the process.

What is Disorderly Conduct?

Under Illinois law, there are12 instances in which you can be charged with disorderly conduct. These actions are:

1. Acting in way that disturbs another and provoke a breach of peace;
2. Reporting, or inciting another to report a fire when the individual knows that there is no fire;

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 Posted on April 17, 2018 in DUI/DWI

After drinking too much, the worst decision is to getinto a vehicle and drive. Taking a cab, ride share, or otherwise getting a ride home is the best option. However, some peoplemay want to ride their bike home after having a bit too much to drink.This option is safer than drivinga car; however, there are safety risks to riding a bike under the influence. Additionally, whilethere are certainly dangers to riding a bike under the influence of alcohol, and other states give DUIs to bike riders, you will not receive a DUI charge.

Illinois DUI Laws

Illinois DUI statute states that “a person shall not drive or be in actual physical control of any vehicle” while having a blood alcohol concentration of 0.08% or more. The definition of vehicle under Illinois law is a device that transports a person or property, “except devices moved by human power.” By definition, a bike is not categorized as a vehicle. A bike is “moved by human power.”

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 Posted on April 12, 2018 in Criminal Defense

The Fifth and Sixth Amendments to the United States Constitution give an individual the right to avoid self-incrimination and to consult an attorney. While these rights are in the Constitution, they were not always enforced or followed strictly.

In the Supreme Court case of Miranda v. Arizona, the Court reinforced that an individual has the “right to remain silent” and to consult an attorney. These rights are more commonly known as your “Miranda Rights.”

If the police take you into custody, they must inform you of your rights. There is no question that the rights must be read; however, the idea of a suspect being “in custody” is a vague term. Custody has come to mean being questioned or interrogated by the police after being taken into custody or otherwise deprived of freedom of action in any significant way.

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 Posted on April 11, 2018 in Juvenile Crimes

Childhood should be a time of growth and learning. Unfortunately for some children, their childhood is spent in and out of courthouses and juvenile detention centers. The premise behind rehabilitating those who commit crimes is to give them a second chance in life. With this thought in mind, who deserves a second shot more than a child?

A juvenile is someone who is under the age of 18. Each timea person is arrested, a record is createdand consists of a police report, computer database reports, or any other court document that is created in connection with the arrest or charge. All law enforcement and court records with cases involving juveniles are sealed.

A sealed record means that most people are not able to view the records,as theymay be able to with adult records. Even though the records are sealed, there arevarious instanceswhere potential employers could see the records.However, one way to avoid sealed records being seen is through a process called expungement.

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 Posted on April 05, 2018 in Assault & Battery

If you watch any crime television show, it seems like the words assault and battery are always used at the same time, interchangeably. However, these are different crimes with different definitions and characteristics. Knowing the difference between the two is essential if you are charged with one or both of these crimes.

Battery

Illinois law defines battery as causing bodily harm to another or making physical contact that is insulting or provoking to another. The perpetrator must know thathe or she iscausing the offensive touching andhas no legal basis in which to do so.

The most common form of battery is hitting, bunching, or otherwise engaging in harmful physical contact with another. However, a battery can also be an offensive touching to another—physically ripping a purse from someone. The purse is considered an extension of the person who was battered.

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 Posted on April 03, 2018 in Theft

The crime of theft is common in Illinois. Moreover, there areseveral different types of theftwith which an individual can be charged. If you have been charged with any type of theft in the state, it is imperative that you reach out to a talented attorney for help with your case.

Definition of Theft in Illinois

Under Illinois law, a person commits theft when he or she knowingly:

• Takes unauthorized control over another’s property;
• Deceives another to gain possession of their property;
• Threatens another to gain possession of their property;
• Has possession over stolen property with knowledge it was stolen, or should have known that the property was stolen; or
• Exerts control over property of law enforcement, or someone acting on behalf of law enforcement, who inform the individual it was stolen property. Or, law enforcement/a person acting on behalf of law enforcement leads the individual to believe the property was stolen.

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 Posted on March 26, 2018 in Criminal Defense

Many people have seen an episode of a legal drama on television. A crime is committed, the suspect is arrestedon charges, and then he or she is either found guilty or takes a plea deal.

Television dramas make it seem likethese scenarios arevery black and white—the accused is either found guilty or takes a plea deal. Plea deals are offered to the accused frequently, but rarely are they discussed in detail.

In reality, taking a plea deal is a huge consideration in a criminal case. A plea deal is a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other side. The defendant agrees to plead guilty or no contest to some crimes, in return for a reduction of the severity of the charge or the dismissal of some of the charges. Or, the prosecutorrecommends a reduced sentence that would be given after a trial.

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 Posted on March 23, 2018 in Victim Rights

Domestic violence is a serious issue in the United States. In Illinois, victims have remedies and options available to them through the Illinois Domestic Violence Act. One such remedy of this is act is an order of protection, also referred to as a restraining order. The court will grant an order of protection to protect the victim. With any system, though, there are flaws. Orders of protection can be granted inaccurately, severely impacting the life of the accused.

Types of Orders of Protection

Illinois law provides three different types of orders of protection:

1. Emergency orders. An emergency order is issued, much like it sounds, when there is an emergency. The court does not need to hear testimony from the accused. The accused does not even need to be given notice of the hearing/potential order. These emergency orders last for 21 days. After 21 days there is a hearing in which the accused can attend and respond to the allegations that caused the order.

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