Posted on December 03,2015 in Criminal defense lawyer

While shoplifting may seem to be a rather victimless crime—the offense affects a corporation, rather than the livelihood of an immediate person—shoplifting is in fact a crime that affects us all, from law enforcement to retail managers to the legal system. Dealing with small or misdemeanor crimes such as retail theft costs money and time for communities from the ground up. And with more than 27 million shoplifters nationwide (that comes down to about one in every 11 people across the country), it is no small problem.

Surprising Statistics

Contrary to popular opinion, adults actually shoplift more than kids: three-quarters of all shoplifters are adults at the time of the alleged incident, though more than half of these admit to having begun shoplifting in their teenage years. Methods for shoplifting vary, but it is common that a person would buy something at the same time that he or she shoplifts, which some researchers say is thought to be a “cover” for these thieves. The crime is difficult to pinpoint, however, in part because the vast majority of these incidents are not pre-meditated; 73 percent of adult and 72 percent of young shoplifters report that they did not plan to steal in advance.

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 Posted on November 26,2015 in Cook County criminal attorney

For some criminal defendants, their cases are not over once they have been convicted. The U.S. and Illinois Constitutions have many safeguards in place to prevent wrongfully convicted people from remaining locked up. However, it often takes a skilled lawyer to help navigate all of the rules and procedures that govern post-conviction relief.

What Happens Once You Have Been Convicted?

In a criminal case, once you have been convicted, you will be sentenced. In some cases, you are able to remain free on bond waiting for your sentencing hearing. In others, you may be taken into custody and begin serving time while you wait for your formal sentencing hearing.

After you have been convicted you typically have 30 days to file an appeal of your conviction. If you entered a guilty plea, you only have 30 days to withdraw your plea. If you successfully withdraw your plea, your case is far from over. Instead, it will essentially start all over again. This time your case will be on track for a trial.

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 Posted on November 19,2015 in Sexual Offenses

Earlier this year, four Chicago-area teens were charged in relationship to sexting, a practice that is becoming increasingly common for young people and adults around the country and throughout the world. In separate case, a North Carolina teen was listed on a warrant as both the defendant and the victim in a sexting-related arrest. The constant availability of electronic communication, combined with the often questionable decision-making skills of teenagers, has led to growing concern over an issue that, in many jurisdictions, is tantamount to the dissemination of child pornography.

What is Sexting?

The word “sexting” has been thrown around quite a bit in recent years, and its precise definition varies depending on the situation. An amalgamation of the words “sex” and “texting,” the term generally refers to the sending of nude, semi-nude, or sexually explicit images by cell phone or other electronic device. Most often, sexting includes “selfies,” or photos taken by the sender for the express purpose of sharing them electronically. According to studies, more than half of all American teens have sent or received sexting messages, prior to reaching age 18.

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 Posted on November 12,2015 in DUI

Drunk driving may, in some ways, be a relic of the past—it is not common for a person to get behind the wheel of car when he or she has been drinking and to not recognize that what he or she is doing is illegal and dangerous. Awareness about the danger and irresponsibility of drunk driving has steadily increased since the early 1990s when states began to launch serious campaigns to deter drunk drivers and police forces around the country cracked down on drunk driving offenses. Yet the problem has not, to any real extent, been eradicated, and in fact, numbers tend to fluctuate from year to year. In 2012, for example, there was a significant increase in the number of fatalities resulting from drunk driving, that after 2011 when the death toll fell below 10,000 for the first time.

That year saw a 3.3 percent increase in fatalities, causing some activists to call for ignition interlock devices to be installed in the car of every convicted drunk driver across the country. In Illinois, a person convicted of drunk driving may apply, during the period of statutory summary suspension of his or her driving privileges, for driving relief, and choose to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle. If a person convicted of drunk driving chooses to have the BAIID installed in his vehicle during that period of license suspension, there are no other stipulations regarding his driving rights—he is allowed to travel, even interstate, providing that the BAIID is installed.

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 Posted on October 29,2015 in White Collar Crimes

In the wake of the 2008 economic recession, many politicians began to speak out against the seemingly unjust laws that allowed for the white-collar criminals who perpetuated the crash to walk free. Banks themselves were deemed “too big to fail,” meaning that the executives who manufactured the crash through unsavory business practices that left many American families bankrupt never faced retribution for their crimes. In the vast majority of cases, corporations were slapped with legal fines—most of which registered minutely, if at all, on corporate profit and loss statements—but most individuals behind the actions were never even questioned in court. In large part, this is because the unsavory behavior was not technically illegal, and no legal structure is currently in place to aggressively pursue the individuals who act on behalf of corporations. This could be changing.

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 Posted on October 22,2015 in Drug Offenses

A few months ago, a post on this blog discussed a bill that had been sent to Illinois Governor Bruce Rauner that would have extended the state’s medical marijuana program. At the time, the governor had given no indication as to which way he would decide, but in the weeks and months since, his decision has left proponents of measure unsatisfied.

Hopeful Progress

Despite taking effect in January of 2014, the Compassionate Use of Medical Cannabis Pilot Program Act still has yet to provide a single patient with legally grown and distributed medical marijuana. It has now been nearly two years and only the registration process is fully underway. In the last few weeks, cultivation centers have announced that harvesting of the first legal crops has begun, and that medical marijuana products should be reaching dispensary shelves soon. Meanwhile, some 3,000 qualified, registered patients continue to wait.

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 Posted on October 15,2015 in DUI

When you have lost your driving privileges due to a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with maintaining employment, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit which may allow you to resume some of your normal activities.

Monitoring Device Driving Permits

The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The MDDP, however, must be surrendered upon conviction on DUI charges, as the conviction typically results in the revocation of driving privileges, not just a suspension.

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 Posted on September 22,2015 in Juvenile crime

Although a ruling by the Illinois Supreme Court last fall affirmed the constitutionality of automatic transfer of juveniles to adult court in certain cases, the state’s High Court urged legislators to review the existing process. In People v. Patterson, the Supreme Court determined that, while process in juvenile court is not a guaranteed right of a defendant, more judicial oversight and discretion would help improve effectiveness of the criminal court system. As of now, the court opined, the use of mandatory transfers fails to address the individuality of a situation, which is often necessary in juvenile cases.

House Bill 3718

In response to the urging of the Supreme Court, a measure was introduced to the Illinois House in February of 2014 designed to reduce the use of automatic transfers to adult courts for juveniles. With the help of sponsors Representative Elaine Nekritz, D-Northbrook, and Senator Kwame Raoul, D-Chicago, the bill was passed by both the House and Senate fairly easily and sent to Governor Bruce Rauner for approval earlier this summer. Governor Rauner signed the legislation in August, and the law is set to take effect on January 1, 2016.

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 Posted on August 28,2015 in Juvenile crime

As the new school year gets underway, many students are experiencing a whole new world of opportunity. Incoming college freshmen, in particular, may be enjoying a sense of freedom that they have never felt before. Many students will use this newfound independence to develop an identity as an adult and to practice self-discipline. For others, however, this means underage drinking and the use of fake IDs to buy alcohol or to get into bars and clubs. While they may seem like rites of passage for college students, both are against the law, and can lead to serious consequences and criminal penalties.

Several Applicable Laws

In Illinois, there are a number of statutes that expressly address the use of a falsified identification card or driver’s license. The Illinois Vehicle Code, the Illinois Identification Card Act, and the Illinois Liquor Control Act all contain provisions prohibiting the possession of a fake ID and the fictitious use of a legitimate identification card.  Depending upon the circumstances of each case, the applicable law and the subsequent penalties may vary. Prosecution, however, will generally range from a Class A misdemeanor, with a $500 minimum fine, to a Class 4 felony, with the same minimum fine but increased maximum penalties.

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 Posted on July 24,2015 in Cook County criminal attorney

When you are going though an airport, you understand to a degree that civil authorities are looking to keep air travel safe, and sometimes that means that your luggage may be subject to dog sniff by an animal trained to detect explosive materials. Like it or not, submitting to such measures is part of the trade-off in being granted the privilege to travel by air. Your home, however, is a different story. Under the constitution, you are protected against unlawful search and seizure of your property which, as the United States Supreme Court has decided, includes a warrantless sniff for drugs by a police dog.

Warrantless dog sniffs were declared unconstitutional by the U.S. Supreme Court’s ruling in Florida v. Jardines back in 2013. In that case, police had received a tip that Miami man was growing marijuana in his home. A detective went to the home and after observing for 15 minutes without approaching the door, brought a drug-sniffing dog onto the premises. The dog apparently detected the scent of marijuana and alerted his handler. Based solely on the behavior of the dog, police obtained a search warrant and proceeded to search the home, finding a number of marijuana plants.

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