Posted on August 09, 2017 in Probation

Probation, not to be confused with parole, is a court ordered sanction that can be imposed on some criminal offenders as an alternative to incarceration. Probation affords an offender who has demonstrated a willingness to rehabilitate himself or herselfthe opportunity to remain a member of the community (and to stay out of jail) so long as he or shestrictly complies with the conditions of his or herprobation.

In Illinois, probation conditions vary from offender to offender and case to case but often include:

• A curfew;
• Mandatory participation in rehabilitation programs and/or counseling;
• Prohibition on consuming drugs and alcohol;
• Drug testing;
• Paying restitution, attorneys fees, and/or fines;
• Completing community service;

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 Posted on August 07, 2017 in Illinois Laws

Did you know that in some criminal cases Illinois prosecutors are bound by a statute of limitations (SOL) that limits the timeframe within which they are permitted to file criminal charges against you? This means that if you commit a crime in Illinois, and are not officially charged before an applicable statute of limitations clock expires, then the government will more often than not be barred from charging you with that crime in the future.

This may sound fairly straightforward, but keep in mind that Illinois does not have a statute of limitations that applies to every crime. Moreover, there are circumstances under which a statute of limitations clock can be tolled (i.e. suspended) for a time, and in some cases it can be very hard to tell when the period of limitation begins.

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 Posted on August 02, 2017 in Robbery

Burglary and robbery are legal terms that are commonly conflated. However, under Illinois law these terms refer to two distinct crimes. In a nutshell, a burglary occurs when a perpetrator enters a structure where he or she isnot legally permitted to be with the intent to commit a crime therein, while robbery on the other hand occurs when force, fear, and/or intimidation is used to take property from the person of another. However, it is important to note that burglary and robbery are defined slightly differently in each state.

Illinois’ Definition of Burglary

The Illinois Compiled Statutes, under section 720 ILCS 5/19-1, defines burglary as knowingly entering, or remaining in, a building, watercraft, house trailer, aircraft, railroad car, or motor vehicle without the authority to do so, with the intent to commit a felony or theft therein. However, if the intended felony or theft involves damaging a vehicle, removing part of a vehicle, or tampering with a vehicle then the perpetrator likely has not committed burglary.

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 Posted on July 28, 2017 in DUI/DWI

If you are convicted ofdriving under the influence (DUI) in Illinois your driver’s license may be suspended, revoked, or placed under supervision. However, the fact that you have been convicted of a DUI does not necessarily mean that that your driving privileges will be curtailed. It all depends on the circumstances surrounding your DUI.

Before we examine some situations under which driving privileges are often limited in connection with DUIs, let us briefly discuss the difference between a revoked license, a suspended license, and a supervised license in Illinois.

While there are a variety of technical differences between a revoked and a suspended license, the key difference is that a suspension has an end date while a revocation is permanent. A suspended license can be reinstated after a certain amount of time has passed and a hearing officer from the Secretary of State has confirmed that all stipulated requirements have been satisfied. However, a revoked driver’s license can not be reinstated (although the driver can usually apply for a new license after some time has passed). Furthermore, a license suspension is often temporary and will be lifted as soon as the driver successfully jumps through specified hoops (for example, paying fines, maintaining a clean driving record, completing alcohol classes etc.).

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 Posted on July 26, 2017 in Division of Property

In some cases, when a couple is seeking a divorce, a family business is one of the assets to be divided. Depending on the method chosen, it can be done very easily, with minimal interference to the company’s day-to-day operations. Before a business can be considered in property division proceedings, however, a business valuation is usually required so that the court can determine just how much the company may be worth.

Business Value and Asset Division

The main problem that many couples encounter when trying to achieve an equitable asset distribution when there is a business involved is that it is quite common for a business to be worth more than all other marital assets. If the company is well established and does brisk business, the bulk of the marital income may come from it. This can be resolved, in most cases, by one of two options. The business can be sold and the spouses will split the proceeds, or a structured property settlement can be established, wherein one spouse is paid the offset value of the business over a long period of time.

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 Posted on July 24, 2017 in DUI/DWI

All driving under the influence (DUI) convictions are serious offenses. But, in the eyes of the law, an offender who is caught driving while impaired by drugs or alcohol under certain extreme circumstances is seen as being as being more morally culpable than others, and can therefore be charged with the elevated offense of aggravated driving under the influence (also referred to as felony DUI).

Each state defines aggravated driving under the influence a bit differently. However, here in Illinois, felony driving under the influence is codified under code section 625 ILCS 5/11-501 and, in a nutshell, states that an individual commits an aggravated DUI when he or she is in actual physical control of a vehicle in Illinois while under the influence of alcohol, drugs, intoxicating compounds, or a combination thereof, and any of the following aggravating factors were present:

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 Posted on July 19, 2017 in Disorderly conduct

When an individual disturbs the peace in a manner that threatens public safety, it is likely that he or she hascommitted the crime of disorderly conduct. However, each state defines disorderly conduct a bit differently. Therefore, in order to determine whether a disruptive individual in Illinois can be rightfully convicted of disorderly conduct, onemust closely examine our state’s disorderly conduct statute.

Illinois Compiled Statutes Section 26-1: Disorderly Conduct

Under 720 ILCS 5/26-1 a person commits disorderly conduct in Illinois when he or she knowingly:

• Acts in an unreasonable manner as to alarm or disturb another person and to incite a breach of the peace;
• Tells, or causes another to tell, the fire department that there is a fire while knowing that it is not reasonable to believe that the fire exists;

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 Posted on July 17, 2017 in Domestic Violence

In Illinois, there are three different types of protective orders (also referred to as restraining orders); emergency protective orders, interim protective orders, and plenary protective orders. If a protective order has been filed against you it is important that you understand which type of order you are facing so that you can take the necessary steps to protect your legal rights. Read on to learn about the three types of protective orders available in Illinois and then contact a local order of protection criminal defense lawyer to discuss your legal options.

Emergency Protective Orders

An emergency protective order offers short-term protection to the accuser and can be issued solely based on his or hertestimony. Furthermore, under some circumstances an emergency protective order can be issued ex parte, i.e. against you without prior notice. Emergency protective orders are temporary in nature and are designed to be in effect until a full hearing for a more long-term protective order can be held (this usually takes place within 14-21 days).

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 Posted on July 12, 2017 in Divorce

Many couples who are considering divorce fear for their children’s well-being. Divorce can be extremely tough on a child, as virtually everything about his or her life may change. A new study suggests that a hostile divorce can even affect a child’s physical health.

Physiological Effects of Divorce?

Researchers at Carnegie Mellon University in Pittsburgh quarantined 201 healthy adults and exposed them to a strain of the common cold virus. They then checked for signs of respiratory distress or illness. Of the study’s participants, some grew up in a two-parent household while others came from divorced families. A portion of those from divorced families came from amiable situations with both parents continuing to have healthy levels of non-hostile communication. Other adults in the study had two parents who never spoke to each other after their divorce, and deep tension persisted in their families.

The results of the study showed that the adults raised amidst a tumultuous divorce were more likely to show symptoms of the virus. Individuals who grew up in two-parent households and those from divorced, yet cordial, households were the least likely to catch a cold from the virus. These findings suggest that it is not the divorce itself which can be harmful to children but the post-divorce relationship between the parents.

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 Posted on July 12, 2017 in Juvenile Crimes

For good or ill, underage drinking is a rite of passage for many young people, though it often leads to legal trouble for those involved. While such issues are commonly seen as youthful peccadilloes, in reality an underage drinking issue can affect a young adult’s future in a significant manner.

If a parent or authority figure becomes aware of minor in possession charges entered against a son, daughter or ward, it is incumbent upon both them and the young adult to become aware of the potential consequences if convicted of such a charge.

Restrictions & Exceptions

Illinois has very strict regulations regarding minors caught with alcohol. Generally, if one is under the age of 21, it is illegal to either possess or consume alcohol. If they are observed doing so in public or in ‘a place open to the public,’ they may be charged with a Class A misdemeanor.

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