Posted on September 13, 2017 in burglary

Burglary is generally defined as the breaking and entering into the house of another for an unlawful purpose. However, it is important to note that burglary is one of those crimes that is defined slightly differently in each state.

In Illinois, breaking in is not a required element of burglary and there are several different listed entities beyond homes and structures that can be burgled.

Illinois Statutes Section 19-1: Burglary

According to section 19-1 of the Illinois Statutes, an individual commits the crime of burglary when, without the authority to do so, he or she knowingly enters or remains within a building, watercraft, house trailer, aircraft, railroad car, motor vehicle, or any part thereof, while intending to commit theft or a felony therein. This statute can be broken down into the following key elements:

Continue Reading ››

 Posted on September 11, 2017 in DUI/DWI

When a police officer pulls you over on suspicion of driving under the influence in Illinois, he or she will likely ask to see your license and registration, ask if you have been drinking, and, if he or shestill suspects that you are intoxicated, administer one or more of the field sobriety tests described below.

Field Sobriety Tests

Field sobriety tests are simple tests that police officers administer on the side of the road after pulling a driver over in order to predict blood alcohol concentrations of 0.08 and above. Approved standardized field sobriety tests in Illinois include:

• The Horizontal Gaze Nystagmus: To administer this test the officer asks the driver to follow the tip of his or her pen or finger with only his or hereyes. During this test the officer is looking to see whether the driver is experiencing nystagmus, an involuntary jerking of the eye that is magnified when a person consumes alcohol or certain other drugs.

Continue Reading ››

 Posted on September 06, 2017 in Drug Charges

In Illinois, it is illegal under state law to manufacture a controlled substance. But what does this actually mean? In general terms, it means that an individual can be convicted of a crime if he or shemakes illegal drugs or other substances. However, the legal definition is quite a bit more specific.

Key Definitions re the Unlawful Manufacture of a Controlled Substance

Under the Illinois Controlled Substances Act the terms “manufacture” and “controlled substance” are carefully defined as follows below.

Manufacture: The Illinois Controlled Substances Act defines the term “manufacture” as “the production, preparation, propagation, compounding, conversion, or processing… either directly or indirectly by”:

Continue Reading ››

 Posted on September 04, 2017 in Juvenile Crimes

Roughly 100 years ago a juvenile justice system was established in the United States in order to divert young offenders away from the standard criminal justice system and into an alternative system focused on rehabilitation. Today the juvenile justice system still places great importance on rehabilitation. Yet nowadays the system also focuses on punishment, accountability, and promoting public safety as well.

It is also important to note that today each state has it has own juvenile justice system and that each of these 51 systems embraces slightly different objective and operates slightly differently. Therefore, any case specific questions relating to the juvenile justice system in Illinois should be directed to a local juvenile charges defense lawyer. Still,some frequently asked questions about the juvenile justice system at large have been answered below.

Continue Reading ››

 Posted on August 28, 2017 in Drug Charges

Did you know that under some circumstances it is illegal to possess drug paraphernaliain Illinois? In fact, you can be arrested and charged with a crime if you possess drug paraphernalia with the intent to use that paraphernalia to ingest an illegal substance, regardless of whether or not you also had drugs on you at the time.

Illinois’ Unlawful Possession of Drug Paraphernalia Statute

Under code section 720 ILCS 600/3.5 of the Illinois Compiled Statutes it is illegal to knowingly possess drug paraphernalia with the intent to use the paraphernalia to take cannabis or a controlled substance (or to prepare cannabis or a controlled substance to be taken).

Unlawful possession of drug paraphernalia is a Class A misdemeanor that is punishable by a minimum fine of $750 and that can be punished by a fine of up to $2,500 and/or up to one year in jail.

Continue Reading ››

 Posted on August 23, 2017 in DUI/DWI

A DUI checkpoint (also commonly referred to a sobriety checkpoint or a DUI roadblock) is a roadblock initiated by the police in order to stop every vehicle (or a subset of vehicles) in order to assess the sobriety of drivers passing through. These checkpoints are often set up at times when drunk driving is most prevalent (namely around the holidays and on weekends) and on streets that see a disproportionate number of drunk drivers.

The Constitutionality of DUI Checkpoints

Generally speaking, police officers in the United States are only allowed to pull a driver over if they have a reasonable suspicion that the driver has broken the law.

However, in the landmark case Michigan v. Sitz, the U.S. Supreme Court held that sobriety checkpoints where drivers are stopped without reasonable suspicion of wrongdoing are in fact constitutional because the government’s interest in preventing drunk driving outweighs the inconvenience to the individuals who are stopped and that, therefore, DUI checkpoints are an exception to the search and seizure provision of the Fourth Amendment.

Continue Reading ››

 Posted on August 21, 2017 in Underage Drinking

The legal drinking age in Illinois, and throughout the United States, is 21. However, it is also illegal for those under 21 to even just possess alcohol in Illinois. Unlawful possession of alcohol by a minor and unlawful consumption of alcohol by a minor are related, yet distinct, crimes in Illinois.

Unlawful Possession of Alcohol by a Minor

Under Illinois’ Liquor Control Act (235 ILCS 5/1 et seq.) it is illegal for an individual who is under 21 years of age to possess alcohol. But what does it mean, in a legal sense, to “possess” something?

In this case, alcohol can be possessed either physically or constructively. Physical possession essentially means holding a container with alcohol in it. Constructive possession, on the other hand, means that you have both the intent as well as the ability to control the alcohol.

Continue Reading ››

 Posted on August 17, 2017 in Assault & Battery

There is great debate these days among parenting “experts” about whether or not children should be physically disciplined when they misbehave. Some think that children should never be physically reprimanded, others believe in spanking, and some feel that more violent forms of punishment (such as hitting a child with a stick or whipping them with a belt) is permissible.

Regardless of how you feel about corporal punishment as a parenting technique, it is critical that every parent in Illinois understands the legal line that our state has drawn between physical discipline and child abuse. It should be noted that this line is not as clear-cut as you might expect; however, this article explores the legal distinction between physical discipline and abuse according to Illinois law.

Continue Reading ››

 Posted on August 14, 2017 in Criminal Defense

Landowners and occupants in Illinois have the right to exclude people from trespassing on their property. Therefore, entering onto someone else’s private property without permission to do so can constitute a civil trespass as the trespasser violated the owner/occupant’s exclusive possession of the land.

However, in Illinois a trespasser can also be charged with criminal trespass under some circumstances. Three of the most commonly charged forms of criminal trespass in Illinois are outlined below.

Criminal Trespass to Real Property: Code Section 720 ILCS 5/21-3

Here in Illinois the crime of criminal trespass to real property is defined in section 720 ILCS 5/21-3 of the Illinois Compiled Statutes and states that an individual is guilty ofcriminal trespass when he or she:

Continue Reading ››

 Posted on August 09, 2017 in Probation

Probation, not to be confused with parole, is a court ordered sanction that can be imposed on some criminal offenders as an alternative to incarceration. Probation affords an offender who has demonstrated a willingness to rehabilitate himself or herselfthe opportunity to remain a member of the community (and to stay out of jail) so long as he or shestrictly complies with the conditions of his or herprobation.

In Illinois, probation conditions vary from offender to offender and case to case but often include:

• A curfew;
• Mandatory participation in rehabilitation programs and/or counseling;
• Prohibition on consuming drugs and alcohol;
• Drug testing;
• Paying restitution, attorneys fees, and/or fines;
• Completing community service;

Continue Reading ››