Posted on September 28, 2015 in Criminal Defense

Whether it was a charge of retail theft or violent crime such as assault, if you have been convicted of a crime, your situation may feel hopeless. You have been found guilty and sentenced; what else is there to do? It is very possible, however, that your story does not end there. Any defendant who has been found guilty in an Illinois court has the right to file an appeal regarding either the conviction or the imposed sentence. A qualified criminal defense attorney can help you examine your case to determine if and what type of appeal might be in your best interest.

Basis for Appeals

In most cases, your appeal must be based on one of two general principles. Your appeal will need to show that:

• The trial court made a serious error in procedure or in applying the law; or
• The evidence was not sufficient to support to the trial court’s verdict.

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 Posted on September 23, 2015 in Criminal Defense

In recent years, the news has been filled with cases about self-defense and so-called "stand your ground" laws. Illinois law makes it legal to protect yourself in self-defense in certain situations. Sometimes when someone has been charged with a crime like assault or even murder, they claim they acted in self-defense. How does self-defense work in the criminal justice system?

What Self-Defense Means in Illinois

Every state has a different definition of what self-defense means. In Illinois you properly act in self-defense when:

• Force is threatened against you or someone else;
• You are not the aggressor;
• You must have been threatened with unlawful force;
• The danger of harm is imminent;
• You must believe the danger exists;
• You must believe your use of force is necessary to avoid the danger; and

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 Posted on September 16, 2015 in Criminal Defense

The recent arrest of a Chicago man on charges that he sexually assaulted a prostitute has created a firestorm of controversy over what constitutes rape and the perceived rights of sex workers. The matter is beginning receive a measure of national attention, as The Huffington Post picked up the story earlier this week.

The Criminal Charges

According to the Cook County State’s Attorney’s office, a 29-year-old man solicited the services of prostitute he found on a website, agreeing to pay $180 for sex. When the prostitute arrived at his Austin neighborhood home, authorities say, the man raped her at gunpoint. The woman subsequently called the police and was examined at West Suburban Hospital. The man was arrested after being identified by the victim and he admitted to what he had done. He is charged with aggravated criminal sexual assault and is currently being held on $750,000 bail.

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 Posted on September 14, 2015 in Criminal Defense

When they become apparent, rising crime levels are definitely cause for concern, and it can be helpful to have to defend yourself. For this reason, combined with the rights protected the Second Amendment, carrying a concealed firearm is legal in Illinois, but only with the necessary permit and in accordance with restrictions in the law.

In late 2013, Illinois became the last state to legalize the carrying of a concealed weapon, following a federal court ruling that found the existing ban on the practice to be unconstitutional. Concealed carry, however, requires an individual to obtain a permit from the Department of State Police, and gun owners must adhere to a long list of restrictions that determine where, or when, you can carry a concealed firearm.

Where Am I Not Allowed to Carry a Concealed Weapon?

The Firearm Concealed Carry Act, the law that allows concealed carry for appropriately-licensed Illinois residents, went effect in 2014. The Act grants a permit holder the right to carry a concealed firearm on his or her person, so long as he or she is in possession of the permit. However, the law also prohibits carrying a concealed weapon in many locations, including:

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 Posted on September 09, 2015 in Criminal Defense

A pair of San Antonio, Texas, high school football players have been suspended indefinitely following an incident in which they apparently attacked a game official during live play. Video shows the official, who was observing the play from behind most of the action, get hit hard and tackled by one of the players. The other player can be seen following the hit with a “spear”—direct contact with the crown of the helmet—while the official laid on the ground.

By all accounts, the hits appeared to be completely intentional and unrelated to the immediately occurring play on the field. There has much speculation as to the impetus behind the players’ actions, but nothing has yet been confirmed. Reports from the school district and the University Interscholastic League (UIL) indicate that investigations into the incident are ongoing, but that the players have been suspended both from the team and from school. The UIL, the state’s governing body for school sports, is expected to participate in a due process hearing in the near future. Local police are also investigating, and criminal charges related to the hits are possible.

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 Posted on September 07, 2015 in Criminal Defense

While families and couples around the country deal with the fallout of the recent data dump of affair-seeking website Ashley Madison subscriber information, cybersecurity experts fear that the door may have been opened for hackers to access more sensitive data maintained by the federal government. By using a technique known as “spear phishing,” hackers may be able to develop information about weaknesses or potential breach points in federal computer systems, possibly leading to future attacks.

Last month’s leak made public the personal information of an estimated 37 million subscribers to the site which openly facilitates adulterous activity. According to reports, some 15,000 military or federal officials created accounts on the site using their government-issued email addresses, including nearly 900 .gov addresses and more than 40 associated with the White House. Hundreds were found to have access their messages and pay membership fees using internet connections in federal offices.

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 Posted on August 31, 2015 in Traffic Violation

As you are probably well aware, certain violations of the law can lead to the suspension or revocation of your driving privileges. Many of the more obvious offenses are related to driving under the influence, such as the refusal to submit to or the failure of a blood alcohol content test. The responsibility for driver’s license suspensions and revocations falls upon the Office of the Secretary of State in Illinois. Under the law, the Secretary’s Office may impose suspensions in a number of other situations as well, including delinquent child support or underage drinking. However, even the most seemingly mundane traffic violations can result in the suspension of your license, depending on your driving history.

Moving Violations

The Illinois Vehicle Code, along with the Office of the Secretary of State, maintains a list of traffic offenses that are considered “moving violations.” The list includes most of the offenses you would expect, such as:

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 Posted on August 29, 2015 in Criminal Defense

Sting operations are commonly used by law enforcement organizations to apprehend would-be lawbreakers in a controlled environment. While they are most often associated with anti-prostitution efforts and drug-related crimes, stings can be used in almost any area of criminal law. In fact, a recent sting arranged by the Los Angeles Police Department led to the arrest of a several ride-sharing drivers who, police officials claim, picked up passengers illegally. To an outside observer, a sting operation may seem very much like an entrapment technique, which, by law, would illegal on the part of law enforcement. While there are important differences between the two, the line can be fairly obscured at times.

What is a Sting?

By all accounts, a sting is an admittedly deceptive practice used to catch those involved in criminal activity. In a sting operation, a police officer—usually undercover—or a recruited civilian is typically employed to facilitate the suspect’s attempts to commit an illegal act. This often includes a law enforcement agent posing as a prostitute, drug buyer, or one of many other potential roles.  When the suspect attempts to commit the illegal act, he or she is usually arrested and charged.

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 Posted on August 26, 2015 in DUI

By this point, most people are aware of the dangers of driving under the influence, or DUI. Virtually everyone realizes that the prosecution of drunk driving carries serious penalties and consequences that can reach far into a person’s future. This, of course, is in addition to the potentially deadly results of DUI-related accidents. What many may not realize, however, is that the impact of a DUI situation is not necessarily dependent upon a conviction or a ruling of the court. Instead, the decisions you make during a DUI stop can have an effect on your life long before you ever set foot in the courtroom.

Granted Authority

Criminal penalties for DUI, as you might expect, can only be handed down by a decision of the court, based on a finding of guilt or a guilty plea. Court supervision may be ordered in lieu of a conviction, and the requirements of such supervision may seem like criminal penalties, but still require the action of the court. Under Illinois law, however, the Office of the Secretary of State is tasked with overseeing driver’s license suspension and revocations, which are not dependent upon a finding of guilt. Instead, the suspension of a driver’s license is an administrative penalty which limits the privileges of driving, which, as privileges and not rights, are subject to revocation without a conviction.

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 Posted on August 24, 2015 in Uncategorized

A bill that would make low-level marijuana possession a civil offense comparable to a traffic ticket failed to garner the full support of Illinois Governor Bruce Rauner earlier this month. Instead, the Republican governor sent the measure back to the legislature with his proposed amendments. Under the provisions of an amendatory veto, the House and Senate can elect to approve the bill with Rauner’s changes or to let it die and propose a new bill at a later date.

Gubernatorial Amendments

In his veto letter, the governor took issue with several of the bill’s specifics, while expressing support for the decriminalization effort. Governor Rauner has previously stated that he hopes to reduce the state’s prison population by 25 percent in the next ten years, and he acknowledged the marijuana bill as a potential contributor to his goal.  He believes, however, the proposed law was too lenient in a number of areas, including the possession limit and specified fines.

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