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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 Posted on March 18, 2015 in Criminal Defense

With many states around the country beginning to loosen their statutes regarding the medicinal or recreational use of marijuana, both remain illegal and subject to prosecution in the state of Illinois. The penalties for a marijuana conviction in Illinois range from a slap on the wrist to years in prison, depending on the circumstances surrounding the crime. While simple possession carries a maximum penalty of 30 days in jail, a trafficking conviction may result in a 30 year prison sentence. Trafficking charges are further complicated by the fact that they may bring you within federal jurisdiction, facing imprisonment in a federal prison. For this reason, trafficking charges should be handled with a comprehensive and aggressive defense.

What is Drug Trafficking?

Transporting a large quantity of illegal drugs for the purpose of selling, distributing or delivering is referred to as drug trafficking. The term generally conjures thoughts of highly organized drug cartels, using ships and airplanes to traffic drugs into the United States. While these circumstances do meet the definition, most trafficking cases are far less dramatic and involve individuals who probably don't even consider themselves traffickers.

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 Posted on March 13, 2015 in Criminal Defense

It is hard to deny the importance of strict domestic violence laws. It is a problem that continues to thrive despite various efforts at education and prevention. Laws and regulations are necessary to protect men, women and children from the abuse that can come from those closest to them. Unfortunately, these necessary laws are often abused and manipulated to punish innocent people. The allegations of a family member are taken as truth, without adequate investigation or trial in a court of law. When this occurs, innocent people are unfairly subjected to legal processes that restrict their liberties, making the assistance of an experienced attorney vital from the very first allegation of domestic abuse.

Illinois Domestic Abuse Laws

The Illinois Attorney General describes the state's definition of domestic violence as a situation where an individual is “hit, choked, kicked, threatened, harassed or had their liberty personal liberty interfered with by a family or household member.” Abuse also includes incidents where children are forced to watch acts of abuse, as well as incidents in which disabled individuals are denied access to necessary care. To fully understand the breadth of this law, it is important to consider the legal definitions of family member or household member, which are much broader than the traditional meanings. The state of Illinois classifies the following relationships as family or household members:

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 Posted on March 11, 2015 in Fraud

Mortgage fraud became a widespread problem during the real estate boom. Though the frequency of incidents subsided after the industry's crash, mortgage fraud continues to plague the housing market in the United States. In response, several federal agencies maintain task forces to investigate, identify, and prosecute suspected fraud schemes. Their efforts lead to widespread arrests and prosecution.

Facing mortgage fraud allegations is serious and the possible consequences include imprisonment, large fines and loss of property. The stakes are high and individuals accused of these offenses should secure the services of an experienced attorney early in the process.

What is a Straw Buyer?

One common type of mortgage fraud utilizes a "straw buyer". The straw buyer purchases real estate on behalf of another person. In real estate, this chosen person is generally someone with enough credit and financial stability to successfully qualify for a mortgage loan and purchase the property. The use of a straw buyer does not automatically trigger illegal activity. It only becomes criminal when the purchase is made on behalf of someone who is legally not allowed to make the purchase for himself.

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