Posted on December 26, 2018 in Violent Crime

With all of the political talk about illegal immigrants coming into the country who may be criminals, it brings another question to mind: what rights do illegal immigrants have when it comes to being protected by the law? Are crimes against illegal immigrants punishable, and if so, are perpetrators penalized to the same extent that they would be had the victim been a U.S. citizen?

Undocumented Immigrants and Workers Fear Retaliation

The National Immigration Project reports that immigrant victims are in fear of “reporting violent crimes and labor violations to law enforcement and working with the criminal justice system will expose them to deportation.” These victims also fear that they will be separated from their children and banished from the U.S. permanently if they do seek traditional victim support systems through law enforcement.

Senate Bill 34 VOICES Act Now Law

Continue Reading ››

 Posted on December 24, 2018 in Child Custody

For many people, December means delicious food, spending time with family, exchanging presents, and enjoying the season. Unfortunately, for many families, the holiday season also means a time of stress and emotional tug-of-war. When parents are divorced, the holiday season can be difficult, because not only must they decide when they each will have the children, but they will also need to juggle all of the events that take place during the holidays, such as plays, concerts, recitals, holiday parties, and gift exchanges.

Here are a few ways that divorced parents can have a joyful and happy holiday season:

Plan Well in Advance

Like most things in your co-parenting relationship, a successful holiday season will largely depend on how you plan for it. Ideally, both you and your ex will be able to attend all of your children’s events. If you cannot stand to be in the same room as each other, make a plan to pick and choose which events you will be attending and which events you will sit out.

Continue Reading ››

 Posted on December 21, 2018 in Your Rights

Most law enforcement officers conduct themselves professionally and treat those who they are arresting with as much respect as possible. Unfortunately, this is not always the case. Police brutality affects people of all demographics, though minorities are disproportionately the victims of unnecessary police violence. Dr. Martin Luther King Jr. was hit more than 50 times by police batons, and the police who administered the beating were acquitted. A black undercover police officer himself fell victim to police violence when he was disguised as a protester — his duty being to monitor illegal acts within the crowd to make arrests later — during a St. Louis demonstration in 2017.

Residents had taken to the streets in a planned protest over the acquittal of a police officer who shot and killed an unarmed black man, then planted a weapon on him after he was dead. The undercover officer, who was wearing a shirt that revealed his waistband — indicating that he was not armed — was beaten with batons for no reason by three police officers. Earlier text messages between the officers revealed that they had planned on carrying out such beatings. When they discovered that the man they had chosen to beat with riot batons was an undercover cop, they destroyed his phone, tried to contact witnesses to influence their testimony, and lied to a federal grand jury. The officers are facing four offenses, one of which carries a maximum 10-year prison sentence, while the other three crimes carry sentences of 20 years each.

Continue Reading ››

 Posted on December 19, 2018 in Juvenile Crimes

A criminal record can be devastating for a minor. It can prevent them from obtaining future employment, and could even result in them losing a scholarship or not getting accepted to a certain university or college. For this reason, it is very important that juveniles charged or convicted of a crime speak to a Rolling Meadows juvenile crime lawyer that can help them get their record expunged.

What Is an Expungement?

When a criminal record is expunged, it is removed from all public government files and destroyed. Any information related to the criminal record including fingerprints, reports of the arrest, photographs, and any other evidence will also be destroyed. Essentially, it provides the juvenile with a clean slate and after expungement, they will no longer have a criminal record.

Often the terms ‘expungement’ and ‘sealed records’ are used interchangeably. However, it is important that minors, and their parents, understand that these are two different terms that have different meanings. When a record is sealed, it is still available and can be seen by certain individuals. Expunging a record means it is as though the record never existed.

Continue Reading ››

 Posted on December 14, 2018 in Divorce

It is no secret that divorce can be difficult on everyone involved. Some people feel like their divorce makes them a failure, and children of divorcing parents may worry that the divorce is their fault. However, while a divorce is most often seen as a negative event, it can be one of the most positive things you can do for yourself and your family. Even though it may not feel like it, especially right after your divorce is finalized, a divorce can be a good thing. Here are four ways your divorce can benefit you and your family:

1. You Can Finally Relax

After you get a divorce, it can feel like a massive weight has been lifted off of your shoulders. You will no longer need to feel like you have to tiptoe around the house, hoping to avoid your combative spouse. You no longer have to worry about every single one of your decisions being met with contradiction and arguments. You can finally sit back, relax, and have some time for yourself.

Continue Reading ››

 Posted on December 14, 2018 in Expungement

Being convicted or charged with a crime has implications that last long after the prison or jail sentence has been served. A criminal record will undoubtedly haunt you for the rest of your life as you seek employment, apply for certain types of loans, find housing, and try to fit in with society again. Employment, in particular, can be difficult to procure if you have a criminal record, as employers often eliminate all applicants with records simply to protect themselves from negligent hiring lawsuits. Sadly, even innocent people are treated like criminals if they were arrested for a crime, but then never convicted. There are steps to take if you were arrested for a crime or convicted of a crime, such a expungement and sealing of criminal records, and a Cook County attorney may be able to help you in this process.

Record Sealing

Record sealing is the process of making a criminal record invisible to employers and the general public. Law enforcement, judges, and some other governmental entities may be able to access your criminal record even if it is sealed, however. And, not all crimes can be sealed. In fact, very few felony offenses can be placed under seal. Most misdemeanor crimes, however, can be sealed from public view. Although, misdemeanor offenses involving driving under the influence (DUI crimes), crimes of violence, and sexual crimes cannot be sealed, according to the Office of the State Appellate Director.

Continue Reading ››

 Posted on December 12, 2018 in Theft

Burglary is a serious felony offense, regardless of the value of the property taken, unlike theft, which is often a misdemeanor crime if the value of the property taken was low. For example, stealing a bike would be considered a misdemeanor of petty theft if the value of the bike was only $300, as per Illinois statute 20 ILCS 5/16-1. If that same bike was stolen out of someone’s residential garage, the crime would automatically be upgraded to a felony. Why is this? Burglary is considered a crime of violence, and the offense is punishable as such.

Types of Buildings, Structures, and Vehicles that Involve Burglary

Burglary is defined as knowingly entering, or without authority remaining, in any of the following:

• Building;
• House trailer (such as an RV);
• Aircraft;
• Watercraft; or
• Motor vehicle.

The second element to burglary is that the defendant entered one of the above places or vehicles with the intent to commit any felony or any degree of theft. Examples of these felonies include arson, destruction of property, vandalism, assault, sexual assault, homicide, and more. Or, if any theft occurs or the defendant’s goal was to commit a theft, then burglary has occurred. As such, wandering into someone’s open garage to notify the owner that their car is being towed is not burglary. Breaking into their garage or entering it without permission to steal a bike or any other object is burglary.

Continue Reading ››

 Posted on December 07, 2018 in Criminal Defense

The university president and board of trustees to Western Illinois University are currently under investigation for violating the Open Meeting Act, which mandates that all public entities, such as government bodies and public universities, hold meetings in the open for the public’s right of access. The University Professionals of Illinois has requested that the McDonough County State Attorney’s Office pursue a criminal investigation into the president and board’s actions after an audio recording revealed their closed meeting discussion. Among the violations alleged by the University Professionals of Illinois are:

• Planning illegal closed meetings;
• Discussing public business in closed meetings;
• Scripting public meetings;
• Failure to release closed session meetings; and
• Circumventing the law with “2 plus 2″ meetings.

Furthermore, the University Professionals of Illinois believes that there were at least 21 closed meetings within the last three years. But what exactly is the Open Meeting Act and how does it apply to those with public positions?

Continue Reading ››

 Posted on December 05, 2018 in Your Rights

When you are arrested, your primary objective should be to defend your case to reduce your chance of being convicted as much as possible. Simply being innocent of a crime does not guarantee you will not be convicted. We can estimate the number of Americans who are wrongfully convicted each year, but we cannot know for sure just how many innocent people head to jail and in some cases, die by execution. But we do know that it does happen. Your criminal defense lawyer’s job is to protect you from being convicted. But there are ways you can reduce your chance of being convicted, too. Take some time to educate yourself on ways to avoid self-incrimination.

Choose Not to Talk with Law Enforcement

The Fifth Amendment to the United States Constitution guarantees you the right to avoid self-incrimination. During interactions with law enforcement, you are under no obligation to answer officers’ questions or to even make small talk with them. After you are arrested, tell the police that you do not want to talk to them. Follow that statement by saying that you would like to speak with your attorney. Officers are required to stop questioning you when you request your lawyer.

Continue Reading ››

 Posted on November 28, 2018 in License Suspension

Most moving violations do not end up with the driver being sentenced to a license revocation. In fact, even when serious bodily injury has occurred, the driver is typically allowed to drive that very same day so long as they are not seriously injured. However, in some circumstances, a court may revoke a driver’s license without a hearing, as per Illinois statute 625 ILCS 5/6-206 Discretionary authority to suspend or revoke license or permit; right to a hearing.

If a driver’s behavior falls under one of 48 different categories, they may lose their license immediately, and without a hearing, if the court believes that is the best course of action to keep other road users safe. These specific behaviors and actions include, but are not limited to, the following:

• The driver committed an offense that requires license or permit revocation upon conviction;
• The driver has been convicted of three or more moving traffic violations in any 12 month period;

Continue Reading ››