Posted on May 27, 2015 in Criminal Defense

Sometimes the job of a criminal defense attorney is to convince a prosecutor, judge, or jury that the defendant did not do what he or she is accused of doing. In other cases, however, the defendant may have committed a crime, but he or she had a good, legally recognized reason for doing it. Three of these possible criminal defenses are compulsion, entrapment, and necessity.

Compulsion

Compulsion is a legally recognized defense in Illinois. In Illinois a person is not guilty of a crime if he or she believes that death or great bodily harm will be inflicted upon him or her, his or her spouse, or his or her child if the person does not do the acts that would otherwise be criminal. The person must be committing the acts that would otherwise be criminal under the threat or menace of imminent infliction of death or great bodily harm in order for this defense to apply. Historically some courts held that wives were entitled to a presumption of compulsion if their husbands were present when they committed what would seem to be criminal acts, but that is no longer the law in Illinois.

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 Posted on May 25, 2015 in Criminal Defense

Drug possession is one of the most prosecuted crimes in the American criminal justice system. Far too many people spend serious time in our jails and prisons for simply possessing a personal use quantity of a controlled substance. In fact, many of the people who are prosecuted possessed only marijuana. Fortunately, some states are taking steps to lessen or eliminate the penalties for marijuana possession. While Illinois has not yet taken steps to legalize marijuana possession, it is taking steps to decriminalize the substance.

Senate Committee Passed Important Marijuana Bill

The State Journal-Register reports that a state senate committee has passed a bill that would treat marijuana possession like a speeding ticket. The bill is called House Bill 218. If the current version of this bill were to become law it would make possession of 15 grams or less of marijuana punishable by a fine of up to $125. People who received one of these tickets would be eligible to have their records expunged after six months. To put this into perspective, 15 grams is roughly a half-ounce of marijuana, or enough to make between 20 and 30 joints. This bill already passed in the House by a vote of 62-53. The next step is for the full Senate to vote on the bill. If it passes there, it would go to the governor. Governor Bruce Rauner has not made any public statements about his position on the law, but he has made public statements supporting the idea of reducing our state’s incarcerated population. Supporting this bill would certainly accomplish that goal.

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 Posted on May 20, 2015 in Criminal Defense

When it comes to gun crimes, Illinois has some of the strictest and harshest laws in the country. While these strict laws apply to firearms, there are special laws that apply to air guns in our state. There are strict rules as to who may possess them and where they may be used. Ignoring these regulations can result in being charged with a petty offense.

What is an Air Rifle?

For legal purposes, Illinois statute defines what an air rifle is. This definition includes any air gun, air pistol, spring gun, spring pistol, BB gun, paintball gun, pellet gun, or non-firearm that shoots paintballs or pellets with a force that reasonably is expected to cause bodily harm.

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 Posted on May 18, 2015 in White collar crime

Often times politicians and government employees frustrate the taxpayer. Most of the time this is just a matter of political disagreement, and while it can lead to heated disagreements, the criminal justice system does not get involved. However, sometimes things go a bit further and there are actual accusations of criminal wrongdoing. In many situations government employees and public officials have protections from being prosecuted for doing their jobs, but there are lines that they can be accused of crossing. One crime of which they may be accused is known as official misconduct.

What is Official Misconduct?

Official misconduct is divided into two types. One type is official misconduct by a public officer or employee or special government agent, while the other is official misconduct by an employee of a law enforcement agency. The first type of official misconduct occurs when any of the covered individuals does any of the following when acting in his or her official capacity or capacity as a special government agent:

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 Posted on May 13, 2015 in DUI/DWI

Illinois is slowly limping into the age of medical marijuana. While getting the system up and running is taking some time, there are some very good things in the state’s medical marijuana laws. One of those good things has to do with how medical marijuana patients will be treated when it comes to DUI charges.

Illinois DUI Marijuana Charges for Non-Medical Marijuana Users

People who choose to use marijuana in Illinois without the protections that are afforded to medical marijuana users run serious risks if they are ever pulled over on suspicion of a DUI. Under Illinois statute, a person can be found guilty of DUI if he or she drives or is in actual physical control of a vehicle while there is any amount of a drug, substance, or compound in his or her blood, breath, or urine resulting from the unlawful use or consumption of cannabis. Now, as most marijuana users are aware, certain metabolites of marijuana can remain in a person’s system for days or even weeks after the drug has been used and the effects of the drug have worn off. This means that technically a person who uses non-medical marijuana in Illinois and then drives two or three weeks later can be prosecuted for driving under the influence of drugs, even though all of the science indicates that the marijuana would be having no effect on the person’s driving at that time.

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 Posted on May 11, 2015 in Violent Crime

Many people base most of their knowledge of the criminal justice system on what they see on television. Some of the information on television is accurate, particularly when it comes to news reporting on police misconduct and other related issues. But many people’s beliefs about criminal justice come from fictional crime procedural shows, and often the information provided by these shows is inaccurate. People do not realize that their understanding is mistaken until they find themselves in need of the help of a criminal defense attorney. One such common misconception regards what constitutes first degree murder.

The Misconception: First Degree Murder Requires Premeditation

Television shows, books, and conventional wisdom leave many Americans with a mistaken belief regarding first degree murder. Most people believe that in order to be convicted of first degree murder the prosecutor must prove that the murder was premeditated — that the defendant planned it out or thought it out ahead of time. A perfect example of a premeditated murder would be one where a person hired an assassin to commit a murder for profit. This sort of premeditation is absolutely not required in order for someone to be convicted of first degree murder in Illinois. Premeditation may very well be required in some states, but each and every state has its own criminal code and its own definition for each crime.

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 Posted on May 06, 2015 in Sexual Assault

Sex offenses are some of the most difficult types of crimes to defend. While juries and the public are willing to consider most criminal defendants to be innocent until proven guilty, and while they are supposed to do this in sex cases, often they are unable to do so. This is particularly true when the alleged victim of the offense is a child, as most people do not understand the reality that children can be easily led to make false or inaccurate allegations. That is why it is so important that when you are facing charges for a sex offense that you obtain the help of a criminal defense attorney who is experienced with defending this type of offense. There are many different types of sex offenses one can be charged with in Illinois, so it is important for you to understand exactly what it is you are being accused of having done.

Criminal Sexual Assault

Criminal sexual assault is a felony sex offense in Illinois. A person commits this offense if he or she commits an act of sexual penetration and one of the following four statements is true:

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 Posted on May 04, 2015 in Criminal Defense

Part of being a teenager is testing boundaries and experimenting with new experiences. Unfortunately, some teenagers choose to push the boundaries of the law and experiment with illegal substances. For some of these young people the only real consequences are the consequences of getting caught, but others find themselves with serious drug problems. There are legal steps that can be taken in order to help these juveniles get the drug treatment they need.

The Juvenile Drug Court Treatment Act

The legislature found that a substantial portion of the resources of Illinois’ juvenile justice system went to young people who were using and abusing drugs. In response, it passed the Juvenile Drug Court Treatment Act. Drug courts in the adult system are special court programs designed to get drug offenders the treatment and life skills they need instead of using taxpayer funds just to lock them up for a short period of time and then release them with their drug addiction still in full force. In the adult system these programs are typically run on the local level. They involve drug treatment, programs to help adult drug offenders find employment, and often involve community service aspects. They are usually much more intensive than many other outpatient treatment options. Drug courts can also, when appropriate, order offenders to do inpatient treatment. Often when offenders successfully complete these programs they receive some benefit when it comes to their criminal charges such as a lessened punishment or even in some cases a complete dismissal. The idea of the Juvenile Drug Court Treatment Act was to create a similar sort of program for young people who are having their cases heard in juvenile court and thus normally would not be eligible for adult drug court programs.

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 Posted on April 28, 2015 in Sexual Assault

When you are charged with a sex offense you need the help of a criminal defense attorney who is experienced with defending this type of offense. Because of the unique types of evidence that are often used in cases involving allegations of sex crimes, these cases often require specialized knowledge. Additionally, these cases often hinge on the testimony of the victim more than any other type of case, meaning you need an attorney who knows how to handle victims in court. There are a whole host of different sex crimes charges in Illinois, and each of them has slightly different requirements in order for one to be found guilty. One such charge is predatory criminal sexual assault of a child, a serious allegation that carries significant penalties upon conviction.

Predatory Criminal Sexual Assault of a Child

A person can be found guilty of predatory criminal sexual assault of a child if he or she is age 17 or older and has does one of the following with a person who is less than 13 years old:

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 Posted on April 23, 2015 in Criminal Defense

What exactly is assault? Because different states have different standards, there can often be confusion about what counts as assault, what counts as battery, and whether they are the same thing. For example, our neighbor to the southwest, Missouri, does not recognize a crime of battery and considers all offenses that involve striking another person to be “assaults.” Here in Illinois, however, we have multiple types of assault and multiple types of battery.

Simple Assault in Illinois

The first assault crime in Illinois is known as either “assault” or sometimes as “simple assault.” A person commits this crime when he or she, without lawful authority, knowingly does something that places another person in reasonable apprehension of receiving a battery. So the immediate follow up question has to be: what is considered a battery in Illinois? Illinois defines battery where one person knowingly, without legal justification, either (1) causes bodily harm to an individual, or (2) makes physical contact of an insulting or provoking nature with an individual. Basically, one commits an assault when one makes another reasonably afraid that they are either about to suffer bodily harm or be touched in some sort of insulting or provoking way. Simple assault, on its own, is a relatively minor offense in Illinois. It is only a Class C misdemeanor. There is a special sentencing provision that requires that anyone convicted of assault perform between 30 and 120 hours of community service if such community service is available in the community where the assault was committed, unless the person is sentenced to actual incarceration.

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