Posted on October 06, 2017 in Criminal Defense

Most of us are familiar with the irrational fear that starts to creep up when you are sitting at a traffic light and police car either pulls up beside or behind you. A million things go through your mind at the same time: How long was the cop following me? Was I speeding before? My registration gets renewed next month, right? Where is my insurance card? In most cases, the officer has probably barely noticed you or your vehicle. When the flashing lights go on behind you, however, the situation changes dramatically.

If you are being pulled over for a traffic violation, be sure to:

• Pull over and stop as soon as it is safe to do so. Put on your turn signal immediately and begin to slow down so the officer knows your intent. It may be a little while before you can safely stop, but the officer will understand and appreciate your caution;
• Roll down your window and keep your hands on the steering wheel. The officer may approach from either side, and keeping your hands visible is a way to show the officer that you intend to cooperate. When you are asked for your license, registration, and proof of insurance, have them ready and ask for permission to move so that you can get them;

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 Posted on October 06, 2017 in Shoplifting

Under Illinois law shoplifting (also commonly referred to as retail theft) occurs when someone knowingly steals goods from a retail establishment. While shoplifting in Illinois can be committed in any of the various ways enumerated under 720 ILCS 5/16-25, shoplifting most commonly occurs when someone:

• Takes merchandise from a retail establishment without paying for it; or
• Exchanges the packaging of one item with the packaging of a lower priced item in order to pay a lower price.

Commonly Asserted Defenses

Although every shoplifting defense must be tailored to suit the facts of the applicable case, many shoplifting cases contain similar facts and, therefore, shoplifting defendants often assert similar defenses. Commonly asserted shoplifting defenses include:

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 Posted on October 02, 2017 in Criminal Defense

In law and order television programs,characters seen under attack are often able to fight their attackers. In these dramatic scenes, the aggressors end up dead. Viewersare led to believe that everything will work out for the victims as they tell the authorities that they reactedin self defense, killing their attackers, and they are then able to simply returnhome.

While it is true that in America self defense is an affirmative defense (i.e. a defense that will negate liability even if the defendant committed the alleged acts) it should be noted that claimingself defense is actually a bit more complicated in reality.

The Components of a Successful Self Defense Claim in Illinois

Illinois’ self defense statute contained in 720 ILCS 5/6-4 (also sometimes referred to as the use of force in defense of person statute), spells out the requirements that must be met in order for a criminal defendant to successfully argue that he or she wasjustified in using force to defend himself or herself.

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 Posted on September 27, 2017 in DUI/DWI

We all know that driving under the influence is illegal, but is it illegal to sleep one off in your car? You may be surprised to learn that, in Illinois, the answer is yes, under some circumstances.

Under code section 625 ILCS 5/11-501(a), it is illegal to drive or be in actual physical control of a vehicle in Illinois while under the influence of alcohol or an intoxicating compound to a degree that you are not capable of driving safely. Therefore, if a court of law determines that an individual had actual physical control of the vehicle that they were sleeping in while intoxicated then that person can rightfully be convicted of driving under the influence in Illinois.

What Does it Mean to Have “Actual Physical Control” of a Vehicle?

Having “actual physical control” of a vehicle essentially means having the ability to operate the vehicle. Illinois case law notes that a person does not need to move, or even have the intent to move, a vehicle to have actual physical control.

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 Posted on September 25, 2017 in Orders of Protection

Domestic violence is sadly an all too common occurrence in this day and age. It can destroy lives and families. Besides its obvious dangers, it can also cause significant, long-lasting harm to the children of families who go through it. Allegations of domestic violence are taken extremely seriously considering parental responsibility and parenting time questions. If you have been the victim of domestic violence, you may be able to show that your abusive spouse should have no further contact with your children, even in a situation where they would otherwise have co-parenting rights.

Illinois Definition

Illinois defines domestic violence as not only physically injuring a family member (whether they are related by blood, marriage, or adoption), but also “interfering with personal liberty,” in situations such as kidnapping or false imprisonment. When there are children involved, there is even more of a zero tolerance policy than there would be otherwise. The Illinois legislature actually holds, as a matter of policy, that cases of domestic violence involving children are generally to be handled with special consideration.

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 Posted on September 25, 2017 in Traffic Offenses

According to the Daily Herald, the Illinois State Police are searching for a semi truck driver who fled after hitting a 48-year-old tollway maintenance worker recently. The victim was picking up trash on the shoulder of the southbound Tri-State Tollway when the trucker allegedly hit him and sideswiped his parked vehicle. The driver did not stop and, sadly, the worker passed away from his injuries.

Fleeing the scene of an accident is illegal in Illinois and if the driver is found by the authorities, then he or she will undoubtedly find himself or herself in a world of legal trouble.

Fleeing the Scene of an Accident

Under code section 625 ILCS 5/11-401 of the Illinois Compiled Statutes, any driver who is involved in a motor vehicle accident involving personal injuries or death is legally obligated to immediately stop his or hervehicle.

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 Posted on September 20, 2017 in Embezzelment

Embezzlement is a type of theft that occurs when a person who has been entrusted with another’s property fraudulently keeps that property for his or herown personal gain or illegally transfers it to a third party. Embezzlement most frequently occurs when money is entrusted to the care of someone who then misappropriates that money in some way.

Examples of Embezzlement

While embezzlement can occur in countless ways, common examples of embezzlement include the following:

• A waitress who pockets cash from a patron’s bill and enters a lesser amount into the cash register so that the till still balances at the end of her shift;
• A payroll department manager of a large company who adds his family members who do not work for the company to the payroll in order to collect checks that they have not earned; or

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 Posted on September 19, 2017 in Domestic Abuse

There is no doubt that domestic violence continues to be a scourge on families throughout Illinois and across the country. Those who claim otherwise are sadly misguided. While domestic abuse affects millions of individuals and families, it does not necessarily happen in every household. The nature of the problem, however, means that accusations of abuse are often taken very seriously while claims of innocence by the accused tend to fall on deaf ears. Sometimes, such accusations can be formalized in an order of protection, resulting in the restriction of certain rights and freedoms for the accused. If the accused has done nothing wrong, this is not only unfair but also completely unacceptable.

Sadly, it is relatively easy for a person who feels betrayed or angry—including a spouse going through a particularly nasty divorce—to exaggerate or make up stories of abuse at the hands of a former partner. The accuser may be trying to gain an advantage in proceedings for the allocation of parental responsibilities (child custody) or he or she may simply want to make life more difficult for the accused. If you find yourself in such a situation, it is important to know what to do to protect yourself.

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 Posted on September 18, 2017 in Traffic Offenses

In Illinois, drivers are required by the Illinois State Legislature Vehicle Code to carry at least a minimum amount of auto insurance. Currently, in order to meet our state’s auto insurance requirements, Illinois drivers must carry at least the following amounts of liability insurance:

• $25,000 for bodily injury per person,
• $50,000 for bodily injury coverage per accident,
• $20,000 for property damage,
• $25,000 for uninsured motorist bodily injury coverage per person, and
• $50,000 for uninsured motorist bodily injury coverage per accident.

Some people mistakenly believe that driving without adequate auto insurance in Illinois is not a big deal; however, in reality, drivers who are caught failing to meet our state’s insurance requirements suffer a number of different consequences, the most severe of which are outlined below.

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 Posted on September 13, 2017 in burglary

Burglary is generally defined as the breaking and entering into the house of another for an unlawful purpose. However, it is important to note that burglary is one of those crimes that is defined slightly differently in each state.

In Illinois, breaking in is not a required element of burglary and there are several different listed entities beyond homes and structures that can be burgled.

Illinois Statutes Section 19-1: Burglary

According to section 19-1 of the Illinois Statutes, an individual commits the crime of burglary when, without the authority to do so, he or she knowingly enters or remains within a building, watercraft, house trailer, aircraft, railroad car, motor vehicle, or any part thereof, while intending to commit theft or a felony therein. This statute can be broken down into the following key elements:

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