Posted on April 23, 2015 in Criminal Defense

While often associated with similar-sounding and related property crimes, offenses pertaining to burglary in Illinois are handled as a separate classification under law. Television and movies have promulgated the image of a burglar as an individual who breaks into a home or business to steal money or personal belongings. While such portrayals are not entirely inaccurate, they also do not tell the whole story. Burglary charges can be much more nuanced than many may realize.

Burglary Basics

Illinois law specifies that burglary is committed when, without proper authority, an individual “knowingly enters or without authority remains within a building” or other property intending to commit a theft or other felony. The law also indicates that a burglary can take place in any home, commercial building, housetrailer, boat or watercraft, aircraft, motor vehicle, or railroad car.

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 Posted on April 21, 2015 in Uncategorized

Last year, the state of Illinois enacted a ban on hand-held cell phone use while driving, making it illegal to talk or text without the use of hands-free features. As the law is now a quarter of the way through its second year, local law enforcement officials indicate that drivers can start to expect less leniency regarding mobile device use and texting while driving. Distracted driving, obviously, is more than just a legal or criminal issue; it also is serious public safety concern.

More Tickets, Less Warnings

Police officers in Orland Park have already issued more than 300 citations for hand-held devices use during the first quarter of this year. While the number is slightly lower than the same time period from 2014, it exceeds the quarterly average from last year. Department officials are hopeful the number reflects a new level of compliance with the law on the part of drivers. Initiatives with in the police department, however, have directed officers to issue fewer warnings and more citations now that drivers have had the time to become accustomed to the ban.

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 Posted on April 15, 2015 in Sex Crimes

According to numbers from the Federal Bureau of Investigation, about 80,000 forcible rapes were reported nationwide in 2013, including roughly 4,000 in the state of Illinois. However, in that same year, nearly 18,000 adults and children sought help at the state’s rape crisis and child advocacy centers. What the statistics seem to show is that most rape victims never officially report the crime, and Illinois Attorney General Lisa Madigan believes this to be a sign that the system is not working properly.

“When sexual assault goes unreported,” said Madigan, “we don’t just have a survivor whose life is damaged. We also have a situation that means that rapists will continue to be in our communities.” The Attorney General, along with Cook County State’s Attorney Anita Alvarez, announced the formation of a statewide task force aimed at improving sexual assault reporting and investigation. Improvements were needed, according the Attorney General, due to “critical failings” and “a systemic structural breakdown” in the way such cases are currently handled.

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 Posted on April 14, 2015 in Criminal Defense

The cycle of tragedy seems like it will never end. Once again, news programs last week were engulfed by yet another incident involving the death of a citizen related to the actions of a police officer. Just as parts of the country were beginning to move forward following last year’s high-profile incidents in Ferguson, Missouri, and Staten Island, New York, a new story out North Charleston, South Carolina, captured national attention. The latest police shooting, which resulted in a citizen's death and murder charges being brought against the officer, also reignited the debate over the need for body cameras to be worn by law enforcement officers.

While the investigation into the shooting continues, many have weighed in on the topic of body cameras and the level of accountability they may provide for both police officers and regular citizens. Jim Nowlan, former Illinois state representative and state agency director, offered his opinion in an article this weekend that ran in a number of Illinois newspapers.

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 Posted on April 09, 2015 in Criminal Defense

It can be easy to understand how identity theft can create serious problems for victims. Perpetrators will often use personal information, such as Social Security numbers or credit card data, to falsely obtain credit or access to the victims’ money, often leaving the victim responsible for dealing with the aftermath. However, there is another type of identity theft that is causing increasing concern around the country centering around access to health care services and prescription drugs. Medical identity theft, as it is known, is now attracting the attention of federal regulators looking to protect consumers.

Understanding Medical Identity Theft

Medical identity theft typically begins with the thief obtaining another person’s health insurance information, often through leaks or cyberattacks. The thief will then use that information to seek medical care and prescription drugs. The claims are subsequently filed to the victim’s health insurance, using the victim’s name and information, allowing the thief to essentially receive free care. As in most cases of identity theft, the victim is left responsible for the bills.

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 Posted on April 07, 2015 in Murder

Murder may be the most serious crime of which an individual can be accused. The unlawful taking of another’s life directly impacts not only the victim and his or her family, but can result in the most severe penalties allowed by law to the perpetrator.

Under Illinois law, there are two degrees of murder charges and conviction requires the demonstration by prosecution that the accused intended to kill the victim or knew his or her actions could cause major harm to the victim. The exception to this requirement would be a death occurring in the act of committing a felony, such as rape, arson, or burglary. In such a case, murder charges may still be brought against the perpetrator regardless of intent.

First Degree Murder

In order to justify charges of first degree murder, the state of Illinois requires that an accused individual either:

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 Posted on April 02, 2015 in DUI

Police departments across Illinois are being encouraged to clean up their bureaucratic and paperwork processes related to DUI cases. This initiative from the secretary of state’s office is being put forth following a Chicago Tribune report that thousands of drunk drivers have avoided mandatory driver’s license suspensions as a result of improperly filed documentation.

Mandatory License Suspension

Under Illinois law, an individual arrested for charges of driving under the influence faces a statutory suspension of driving privileges. The suspension for first-time offenders can last for up to one year or may be as little as 30 days, followed by the use of ignition interlock device. Repeat offenders face even lengthier suspensions.

To begin the suspension process, law enforcement must complete a form following the arrest and forward the form to the state. According to Illinois law, the suspension begins 46 days from the day of suspension notice, and only a court hearing may offer any chance to rescind the mandatory suspension.

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 Posted on March 28, 2015 in Criminal Defense

In the state of Illinois and across the country, crimes of a sexual nature are taken very seriously, frequently resulting in severe criminal penalties. Depending on the offense, a convicted sex offender may also be required to register as such with the statewide Sex Offender Database and remain on the registry for a minimum of ten years. Some lawmakers, however, believe that more complete registry information may help law enforcement in the investigation of future complaints and crimes, and are taking steps toward updating the law.

Workplace Registration Requirement Proposal

Illinois Senator Julie Morrison, D-Deerfield, recently presented legislation that would increase registration requirements for convicted sex offenders, mandating that they register with local police departments in the municipalities where they are employed. In addition to the state registry, current law requires offenders to register with law enforcement of the municipality in which they maintain residence. Some officials are concerned that residential registration may not be sufficient, as employment often means that a sex offender will be physically present in another jurisdiction for 40 hours per week or more, a substantial amount of time.

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 Posted on March 25, 2015 in Criminal Defense

Despite being among the most common violent crime charges in the country, many individuals would be unable to explain exactly what allegations of assault or battery entail. Adding to the confusion is the fact that many cases may include charges of one, the other, or both, and the terminology used may not exactly have the same meaning in everyday conversation. Charges for assault and battery can be extremely serious, particularly so in cases involving aggravated assault or aggravated battery, and a qualified criminal defense lawyer can help you make sense of the situation.

Assault and battery can each represent separate offenses to a person charged with a violent crime; however, the legal definition of assault relies directly upon the definition of battery. Contrary to the conventional order in which the terms are typically listed, an individual should first have a clear understanding of battery.

Battery and Aggravated Battery

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 Posted on March 20, 2015 in Sex Crimes

A nationwide operation to reduce sex-trafficking concluded last month, resulting in the arrest of nearly 600 would-be buyers, or “johns,” and promoters of prostitution. The sting was coordinated by Cook County Sheriff Tom Dart, and utilized the cooperation of nearly 40 law enforcement agencies across 17 states.

Super Sunday Finale

The so-called “National Day of Johns Arrests” effort began in mid-January and concluded on February 1, coinciding with Super Bowl Sunday, a connection emphasized by Sheriff Dart. “It’s particularly meaningful that this sting culminated on the day of the Super Bowl, which unfortunately has emerged as a prominent haven for sex-trafficking,” he said. While the timing may be attention-grabbing, prostitution and sex-trafficking remain a problem year-round for many communities.

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