Posted on May 05,2016 in Lake County Defense Attorney

How can a jury be convinced beyond reasonable doubt that a person committed a murder with which they actually had nothing to do? In some cases, false assumptions, conclusions, and testimony on the part of law enforcement and government officials can convince a jury, along with, of course, the “evidence” of a false confession obtained under very questionable circumstances. Such seems to have been the case for a man convicted in Lake County more than 15 years ago. Recently exonerated, he has now filed a suit against the police and county officials who built the false case against him.

Confession, Conviction, Identification, Exoneration

In 1999, an unidentified woman’s body was found in forest preserve near Waukegan. According to the State’s forensic pathologist at the time, the woman had been abused and died from blunt force trauma less than 12 hours before her body was found. Following intense questioning, the man confessed to inflicting some of the injuries found on the woman’s body. He was subsequently convicted of murder in 2000 and began serving a 46-year prison sentence.

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 Posted on April 28,2016 in Lake County Defense Attorney

With tensions increasing between law enforcement officers and some communities across the United States and in Illinois, the practice of recording police officers performing their duties has grown in popularity. At the same time, it is also increasingly drawing criticism from many police departments. The question is a legitimate one: Is it against the law to record the police?

Previous Eavesdropping Law

Under the old Illinois eavesdropping law, it was illegal to record a conversation, even a public conversation, without the consent of both parties. However, in 2014, both the Seventh Circuit Court of Appeals and the Illinois Supreme Court found the law was unconstitutional because it was overbroad and infringed on protected free speech rights.

Difference Between Public and Private

Today, it is still illegal to record a private conversation without the consent of both parties in Illinois. However, you are allowed to legally video or audio record conversations and events taking place in public, without anyone’s consent. This generally includes recording law enforcement officers making arrests or performing their duties. However, there are still limits regarding what you are allowed to do.

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 Posted on April 21,2016 in Lake County Defense Attorney

Lawmakers in Illinois took a major step toward the decriminalization of low-level marijuana possession this week as the State Senate approved a measure that was drafted to address Governor Bruce Rauner’s concerns from last year. If enacted, Illinois would join 20 other states and the District of Columbia which have already decriminalized the possession of small amounts of marijuana.

Decriminalization, Not Legalization

While many around the state and across the country continue to push for the outright legalization of recreational marijuana, the bill currently before the legislature would do no such thing.  Instead, it would remove the possibility of criminal prosecution for possession of up to 10 grams of marijuana. Low-level possession would still be against the law, but it would be addressed as a civil offense, similar to a traffic violation. Possession of more than 10 grams could still be prosecuted in criminal court, with penalties dependent upon the circumstances of each case.

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 Posted on April 07,2016 in DUI

When you get behind the wheel of a car or truck on Illinois roadways, you, of course, maintain certain rights, but you also assume certain responsibilities. While you may not be able to control the actions of other drivers, you have the responsibility to operate your vehicle in a manner that promotes safety to both other individuals and public at large. Safe driving means that, among other considerations, you are not impaired by alcohol, drugs, or other substances. As such, Illinois law maintains that by exercising your driving privileges, you are granting implied consent to blood-alcohol content (BAC) testing whenever it deemed to be appropriate by law enforcement. If you are asked to submit to a BAC test, including breathalyzer testing, refusing to cooperate will cost you your driving privileges.

Separate From Criminal Prosecution

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 Posted on March 29,2016 in Plea agreement

Most cases in the Illinois criminal justice system do not end in a trial. Instead, in most cases a criminal defendant accepts a plea deal also known as a plea bargain. Before you decide if a plea bargain is right for you, you need to understand how they work.

The Criminal Justice Process

Plea bargains are used by prosecutors to help keep the criminal justice system moving efficiently. Often a defendant will receive a plea offer early in the case. One of the first formal steps in a criminal case is the arraignment. This is a court hearing at which the defendant is told what he or she is being charged with and where the defendant enters a plea of guilty, not guilty, or other legally acceptable plea.

Prior to the arraignment, many criminal defendants are offered plea deals. This means they have the chance to plead guilty to a particular charge or, in some cases, a lesser charge, in exchange for the prosecutor agreeing to drop other charges or in exchange for the prosecutor recommending a lighter sentence. However, even if a not guilty plea is entered at the arraignment, there is often still a chance to accept a plea deal at a later point before the final trial.

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 Posted on March 17,2016 in Cook County criminal attorney

Regardless of how you may feel about the subject, the reality in Illinois is that, sometimes, politics and criminal law directly affect one another. On certain levels, of course, you probably realize this to be true, as representatives, senators, and governors must be elected before they can draft legislation, amend and vote on bills, and enact new laws. Politics and public opinion can also directly impact the application of the law, as many other positions within the government are also filled by popular election. Using the power of the vote this week, the people of Cook County have spoken by voting out incumbent Cook County State’s Attorney Anita Alvarez, effectively deciding that it is time for a new chief prosecutor.

Role of the State’s Attorney

Cook County, Illinois, is the largest consolidated court district in the entire United States, serving a population of more than 5.2 million residents. The Cook County State’s Attorney is tasked with representing the people of Illinois in prosecuting crimes committed within the jurisdiction of the county court. The State’s Attorney’s Office operates as a branch of county government and currently employs more than 900 Assistant State’s Attorneys who help in the prosecution of criminal activity throughout the county’s six municipal districts.  State’s Attorneys are elected by popular vote to a term of four years.

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 Posted on March 10,2016 in Criminal defense lawyer

Shoplifting is one of the most common crimes in the country, but it can have effects that are far-reaching to businesses, lawmakers, and to society as a whole. The crime is so common, in fact, that there is a National Association for Shoplifting Prevention, working to both reduce the number of shoplifting incidents in the United States and to discourage would-be shoplifters from committing such crimes. More than 10 million individuals have been arrested or accused of shoplifting in the last half decade, and current estimates suggest that 1 in every 11 people in the United States have shoplifted at one time or another.

Common Misconceptions

Because it is frequently a minor misdemeanor crime, shoplifting is often considered alongside crimes committed by juveniles, which are often offenses that do not, and cannot, affect one’s permanent record. Yet, the effects of shoplifting do, in fact, stay on a person’s record for a long time and can effect a person’s ability to find work—perpetuating an ugly cycle that, in many instances, led to the incident in the first place.

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 Posted on February 19,2016 in Criminal Defense

When some people hear that a crime is a misdemeanor, they automatically assume the crime is not a big deal. While it is true that the punishment for a misdemeanor is usually much less serious than for a felony, a single misdemeanor can still disrupt your entire life.

What is Happens With Probation

The maximum penalty for a misdemeanor is one year in jail. However, many people who are convicted of a misdemeanor will serve little, if any, jail time. Instead, most will be sentenced to a period of probation.

While probation is often preferable to jail time, it is not easy. Depending on the crime you are convicted of you will have a set of conditions that you must follow.

Common probation conditions include:

• Paying fines
• Not committing another crime
• Submitting to random drug tests
• Not going anywhere alcohol is served

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 Posted on February 12,2016 in Uncategorized

http://www.chicagotribune.com/business/ct-chicago-condos-rebound-0210-biz-20160209-story.html

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 Posted on February 12,2016 in Domestic Battery

Orders of protection are often considered a family law issue, as they seek to protect individuals from the dangers of domestic violence. However, they can often become much more complicated than that. If you have been the subject of any type of order of protection out against you, you may find yourself in the middle of a criminal investigation.

Understanding the Process

Regardless of the circumstances leading to its issuance, once the court has issued an order of protection, a law enforcement officer will formally serve the order on you. From that point forward, you must obey all of the provisions in the order. If you are currently living in the same household with the alleged victim, you may be ordered to leave the residence and to find another place to live until the order is dismissed or expires.

The order itself is a matter of public record. It is possible that having a civil order of protection against you could impact your job or ability to do certain activities that require a background check. The issuance of the protective order may also prompt a criminal investigation into claims of domestic violence.

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