Posted on July 22, 2016 in Domestic Violence

Many Illinois families and couples find themselves in disagreements. They might yell at each other, act aggressively, or maybe behave in a crazy manner. Sometimes things get out of control and the police are called. One of the people involved in the fight might make the call, or a concerned neighbor could do it. When the police are called to investigate an alleged domestic dispute, they can make an arrest if they believe that a crime, such as domestic abuse, has been committed. Because the situation is often tense when the police show up, and those involved in the fight are often emotional, things are said, exaggerations might be made, and the police might haul off one party, even though his or her actions during the fight did not really rise to the level of domestic violence.

False allegations of domestic violence are made all too frequently, and it can be a major inconvenience, and even a problem, for the accused abuser. As a criminal defendant charged with domestic violence, you are facing serious consequences if you are convicted. That is why it is so important to work with an experienced criminal defense lawyer who understands domestic violence defense to fight the charges that have been levied against you.

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 Posted on July 20, 2016 in Drug Charges

Drug possession is one of the most common drug charges that criminal defendants face. When it comes to drug possession, whether it’s marijuana, heroin, methamphetamine, prescription pills or other controlled substances, it is important to understand that there are two types of drug possession: actual possession and constructive possession.

What Is Actual Possession of Drugs?

Actual possession arises when you are caught with the drugs on your person. This might mean that the drugs were found by law enforcement who are conducting a search, in your pocket, or tucked away in some other article of your clothing. Actual possession can also be established if you are found with drugs in your purse or backpack that you are carrying with you when you are searched.

Drug charges based on actual possession are tough to defend against since you are basically caught red-handed. But just because drugs were found on your person does not necessarily mean that you had knowledge that you were carrying drugs (someone else could have slipped the drugs in your purse or pocket), or that the drugs are yours. Furthermore, the drugs can only be entered as evidence against you if the stop conducted by the police officers, the search, and the seizure were all done legally.

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 Posted on July 19, 2016 in Criminal Defense

Some crimes in Illinois are referred to as “specific intent” crimes. These crimes require that the criminal defendant have the specific intent, or a particular state of mind, to do something in order to make a conviction of a criminal defendant for the crime. To think of this another way, the criminal defendant must have had a specific state of mind, or purpose, that was the reason behind committing the crime. The specific requisite intent is often defined in the criminal statute that governs over any particular specific intent crime that a defendant is charged with.

The good thing about specific intent crimes is that the prosecution has the burden of showing that the criminal defendant had the requisite state of mind that is needed to commit the alleged crime. Proving the necessary specific intent for a crime is often the prosecution’s weakest link in their case against the criminal defendant, as it is difficult to prove a person’s state of mind. Sometimes the prosecution’s whole case will turn on proving the requisite intent element of a crime, and the prosecution may only have circumstantial evidence to support its position. A skilled criminal defense lawyer can fight the prosecutors by attacking the weakest aspects of their case.

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 Posted on July 14, 2016 in Criminal Defense

Some criminal defendants find themselves facing possession of burglary tools, under 720 ILCS 5/19-2, perhaps in addition to burglary charges, and do not understand why they are being charged with this crime. Sometimes they may not have even committed a burglary, and yet they still will be charged with possession of burglary tools. This can be confusing and distressing for the defendant, since the defendant is facing felony criminal charges, with serious consequences, such as loss of their freedom, if they are convicted. A skilled criminal defense lawyer can help you fight burglary and possession of burglary tools charges.

A conviction for the crime of possession of burglary tools does not require that the prosecution show that the criminal defendant had the specific intent to break and enter into a building or dwelling. Rather, possession of burglary tools is a general intent crime, i.e., the mere possession of burglary tools implies that the defendant had a general intent to use the tools for their intended purpose, which is for breaking and entering a building. Possession of burglary tools merely requires that the criminal defendant knowingly possessed tools that are used for the purpose of committing burglary or breaking and entering.

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 Posted on July 07, 2016 in Traffic Offenses

Illinois drivers are required to respect and protect emergency workers while driving on roadways. This means acknowledging and respecting an emergency vehicle’s need to get somewhere much faster than your average driver and getting out of the way so that emergency vehicles and personnel can get to where they need to go as quickly as possible. It also means moving over on the highway to give a stationary emergency vehicle as much room as possible.

Codified at 625 ILCS 5/11-907, the law that protects emergency vehicles and emergency personnel is referred to as Scott’s Law, after Scott Gillen, a Chicago Fire Department Lieutenant who was killed by a passing motorist while trying to do his job. The law is necessary because emergency workers face many dangers when responding to accidents and trying to save lives.

Getting To An Emergency

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 Posted on July 05, 2016 in Criminal Defense

Diversion programs are alternative prosecution programs that are available to many first-time offenders who have committed nonviolent felonies or misdemeanors and are being prosecuted in Cook County. These programs are designed to help first-time offenders avoid criminal convictions and jail time by participating and completing diversion programming. Through participation in the program, those first-time offenders who otherwise would have become convicted criminals are given the opportunity to receive treatment and to contribute to their communities. Additionally, upon the successful completion of their diversion programming, the criminal defendant’s criminal charges will be dropped.

Eligibility for Diversion Programming In Cook County

The Assistant State’s Attorneys identify criminal cases where the defendant may be a good candidate for the diversion program. These defendants are notified and offered an opportunity to participate in the program. If the defendant is interested in participating in a diversion program then the Assistant State’s Attorneys will determine if the remaining eligibility criteria can be satisfied.

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 Posted on June 22, 2016 in Criminal Defense

Methamphetamine is one of the most popular illegal drugs in Illinois. There are severalreasons why people prefer to use methamphetamine as their illegal drug of choice and why it is so popular. Reasons include the following:

• Methamphetamine gives the same high sensation as cocaine, but the high lasts longer with methamphetamines;
• Methamphetamine is easy to make;

• Methamphetamine is easy to take, being consumable through ingestion, inhalation and injection; and
• Methamphetamine is less expensive than cocaine.

Methamphetamine is a Serious Illegal Drug

Methamphetamine is a highly addictive and dangerousdrug, and users cansuffer injury or even death.Moreover,methamphetamine is an illegal substance, and you can therefore be charged with serious drug charges if you are caught in possession, manufacturing, or selling methamphetamine. The State of Illinois takes methamphetamine drug charges so seriously that methamphetamine has its own set of criminal laws: The Methamphetamine Control and Community Protection Act under 720 ILCS 646.

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 Posted on June 20, 2016 in Criminal Defense

Criminal defendants have a choice when facing criminal charges: they can either fight the charges in court, or they can enter into a plea agreement. In many cases, it is in a criminal defendant’s best interest to fight the charges that they are facing. By fighting the charges, it is possible to have the charges reduced or dropped entirely.

However, there may be a situation where it is in the best interest of the criminal defendant to enter into a plea bargain with the prosecution, with the help of a skilled and seasoned criminal defense lawyer, to reach an agreement that results in lesser charges or lesser sentencing for the criminal defendant.

Nearly all criminal charges can be settled with a plea deal. In fact, a majority of criminal cases are resolved through a plea agreement. Plea bargaining is an effective means for resolving a case, which saves on time, court costs, and attorney fees. A plea agreement can provide certainty in the situation, and can be a great tool for reducing sentencing or avoiding jail time, especially when the criminal defendant was undeniably guilty of the crime.

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 Posted on June 15, 2016 in Criminal Defense

There are certaincriminal convictions that just stick with you, and a conviction for an act of domestic violence is one of the crimes that cannot be easily expunged from a convicted individual’s record. Your criminal record is viewable by police officers, potential employers (in certain circumstances), the military, and potential landlords. If you have a criminal record, you may also be required to disclose it if you want to apply for professional school and to certain jobs. A conviction for domestic battery can also negatively impact your child custody or child visitation situation, if you have one.

With such an extensive list of long-term consequences riding on your domestic battery conviction, it is important that you work closely with a skilled and diligent criminal defense lawyer to fight the charges that are pending against you.

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 Posted on June 13, 2016 in Drug Charges

Teens get into all kinds of trouble with the law, largely as a result of not exercising the best judgement when making decisions. Many teens get into trouble for having drugs or controlled substances in their possession illegally. A teen might snatch a couple pills out of his or her dad’s oxycontin prescription, or a teen might hold a joint for a friend. Whatever the case might be, when juveniles get caught with drugs or other controlled substances, they can be charged with juvenile drug possession. Juvenile drug possession is a serious crime, and a conviction can have have long-lasting consequences on the teen’s life down the road.

Knowledge and Control

In order for a juvenile to be convicted of juvenile drug possession, the teen must know that he or shehad the drug in his or herpossession, and must have had control over the drug. The knowledge requirement is established when the teen knew that he or shehad the drugs, and knew that they were drugs. If a teen had the substance in his or herpossession, but reasonably believed that it was something other than a drug, then there cannot be a conviction for juvenile drug possession.

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