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Recent Blog Posts
Illinois Age of Consent and What it Means
When teenagers begin to date, usually they meet at school and most often, they are the same age. As teens branch out however, meeting people from other schools, hanging out with people from work and meeting new people in the community, they sometimes date older men or women.
When a teenager under the age of 17 dates someone that is 17 or older in Illinois, the relationship can get complicated.
Statutory rape is any type of sexual intercourse that occurs between someone under the age of consent, which is 17 in Illinois, and someone that is a legal adult (18). Essentially what this means is that if someone under 17 and someone 18 or older in Illinois willingly have sex, charges can still be filed against the older person because the partner is a minor.
Although this law typically pertains to men and women that are significantly older than their underage significant other, it also technically applies even to high school students who may only be a couple months apart in age. In those few months in which one partner has reached the age of consent while the other has not, they are committing statutory rape when participating in sexual activities.
Man Kills Woman and Hides Body in Mother’s Home
A case of murder with a bizarre twist was reported by theChicago Tribune. It is alleged that Benjamin Esquivel murdered 49-year-old Burnadine Kinsey and hid her body in his mother’s home.
It is alleged that after being intimate, Esquivel and Kinsey got into an argument, which ended with himstabbing her several timesin the face, head and body. He then put her body, wrapped in sheets and a blanket, into a closet in the home that he shares with his mother. It is reported that Kinsey’s home was just three blocks away from Esquivel’s. His mother returned home and saw the body. She allegedly confronted her son about it and instead of calling law enforcement, she and her sister left the apartment.
Esquivel, who is 20 years old, called his friend Juan Ramos, 37, to ask what he should do with the body. They allegedly went to a nearby Home Depot to purchase tarps, duct tape, rubber gloves, and a soda. They returned to the apartment and wrapped the body in the tarps and tape. At that time, they returned the body to the same closet.
Two Juveniles Among Three Charged in Murder
According to a recent report by the Chicago Tribune, a man and two teenagers have been charged in the murder of an Englewood man. The man was found stuffed into a trashcan in the alley.
Cook County prosecutorsallege that a dispute started when 51-year-old Ernest Pritchett III walked into the front yard of 32-year-old Bryan Perkins. Perkins asked Pritchett for the money that he was owed. When he stated that he did not have the money, it is alleged that Perkins grabbed a piece of a fence and started hitting the older man in the head with it. At that time, two teens joined in the beating. The 16 and 17 year old began kicking and stomping Pritchett. Perkins then picked up a large rock and hit the man with it.
Perkins retrieved a rolling trash can from the alley and with the assistance of the teens; he put Pritchett’s body inside of it. He then proceeded to roll the trash can several blocks down the street, where he abandoned it.
Illinois Marijuana Laws
Marijuana, Mary Jane and pot are all names for the drug that come from the plant Cannabis Sativa. It is a very common drug in high schools and colleges across the country and has even made its way into quite a few movies in recent years, like “21 Jump Street” and “Pineapple Express”.
It is a psychoactive drug that is sometimes inhaled from a rolled cigarette, or joint, but can also be consumed when mixed into recipes such as brownies, cookies, butter or candy.
According to the University of Illinois marijuana laws, the marijuana that is used today is as much as ten times stronger than it was in the early 1970s.
Effects of marijuana include an increased heart rate, dry mouth and throat, bloodshot eyes, sleepiness and increased appetite.
Not only is marijuana illegal in most states, including Illinois, possession and sale of marijuana is also against the policies of many colleges and universities, including the University of Illinois. If a student has been found with marijuana, he or she may find herself in serious legal trouble, as well as suffering consequences related to school and financial aid.
Suspended Illinois Licenses
Usually, if someone has a relatively clean driving record and they get a ticket, they have the opportunity to have the points removed from their license. When those points cannot be removed, however, they can add up quickly because they are on your record for at least two years. Once you get too many points, you may lose your license for an extended period.
If you are unsure whether your license has been suspended, it is important to find out; driving with a suspended license can have stiff penalties. To view your driving record, which will inform you of the state of your license, you can contact your Secretary of State’s office.
The Secretary of State can give you a copy of your driving record online, in person or by mail. If you request one in person or by mail, you must provide your full name, driver’s license number, your date of birth and a $12 processing fee.
The Steps of A DUI Arrest
Knowing what to expect in a DUI arrest can be helpful if you are involved in an incident. Knowing what’s required of the officer and what steps should be taken to protect your rightscan also make a difference in the success or failure of your DUI case. If you have been charged with a DUI in Illinois, you need the help of an experienced criminal attorney.
At the outset of the arrest, the officer will stop a vehicle at a roadside safety check or for probable cause, reasonable suspicion, or unusual operation. The officer should then observe the driver and request proof of a driver’s license, insurance card, and vehicle registration information. In the event the officer does not suspect operation of the vehicle under the influence, he or she will release the driver without any further charges.
If the officer suspects that the driver is under the influence of alcohol, he or she will ask the driver to submit to field sobriety tests. If the field sobriety tests give the officer probable cause, the driver can be arrested for DUI and taken to the local police station. The driver should be asked to submit to chemical testing for the breath, blood, or urine.
The Age on Crime
Late last year, Clark Merrefield from The Daily Beast reported on a minor who committed a crime, was sentenced in court as an adult, and brought out concerns about what was the proper age to begin charging children as adults.
After he was found guilty of robbing two local businesses, Sean Shevlino, now 22, was sentenced to 10 years in jail.
In 2006, when Shevlino was 16 years old, he robbed a Piggly Wiggly. His friend’s older brother, who was an employee of the southern chain at the time, told him how easy it would be to rob the store.
Sean’s mother, April, told The Daily Beast that although his father and herself were providing a positive, college-bound life for Sean and his brothers, Seamus and Alex, when Sean turned 15, he became very angry and began to act out.
Sean said that his friends thought he was crazy when he told them about his idea to rob the Piggly Wiggly, but once he got away with money, they quickly changed their minds.
Minors and Alcohol in Illinois
According to Illinois law, selling and distributing any type of alcoholic beverage to anyone under the age of 21 is illegal. Even though it is against the law, many people still serve alcohol to minors without fear of consequence.
If someone chooses to sell, deliver, or serve alcohol to a minor, or to any already-intoxicated person, the penalty is that of a Class A Misdemeanor. This applies to any vendor of alcohol, like bars, or any grocery store, drug store or party store. This penalty includes of fine of at least $500 and a jail sentence of up to one year.
Along with a fine and jail time, a business’s liquor license may also be revoked and/or criminal sanctions can be imposed onto the license, putting restrictions on the license and a “warning.”
This penalty is also for anyone who is over 21 and chooses to purchase alcohol and give it to deliver it to anyone below the age of 21.
New Travel Restrictions for Suspects of Violent Crimes
In 2012, a Chicago Tribune investigation uncovered a high number of criminal suspects flee the state of Illinois to avoid sentencing. It is a problem that existed across all levels of law enforcement.
The Tribune found that police departments have allowed over 60 fugitives escape justice when they ran to Mexico. When they submit extradition paperwork it often overwhelms the county officials who need to process these requests. Of the fugitives in Mexico, at the time of their investigation, officials were only seeking the deportation of 12 suspects.
There is also an issue with the judges who held bond hearings. They set low bonds for suspects who were being charged with crimes such as rape and murder. They also were not required to confiscate passports from suspects with dual citizenship. But now Illinois lawmakers have passed a law to limit these avenues for suspects to escape justice.
Man who Spent over 20 Years in Prison Exonerated
Over 25 years ago, James Kluppelberg was convicted of setting a deadly fire in the Back of the Yards neighborhood. The home that was burnt contained a woman and her five children. Elva Lupercio, 28, and her children who ranged between 3 and 10 years old, died in their home on the 4400 block of South Hermitage Avenue. After reviewing the scene, investigators determined that the fire was an accident.
Four years after the incident, Kluppelberg was identified as the perpetrator by a man who was arrested for burglary. They booked Kluppelberg and, shortly after, he confessed to the crime. Sentenced to life in prison, he maintained that he was innocent of all wrongdoing.
Kluppelberg was exonerated in 2012 of this crime due to advances in fire sciences. It was also revealed that his confession of guilt was coerced by officers who had beaten Kluppelberg so badly that he started to urinate blood. The man who turned him in was found to be lying in order to receive leniency for his burglary conviction. The police department also withheld information about a drunk woman who started another fire nearby the
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