Posted on June 07, 2017 in Criminal Defense

You were innocent. You knew it all along and now you have your freedom. Butwhat happensnext?

There is a group operating out of Springfield, Illinois called the Illinois Innocence Project. They have been working since early 2001 to overturn wrongful criminal convictions in Illinois. At the start,their primary focus was exonerating inmates through legal avenues, and the group has had much success.

The most recent example of their success was the release ofoneman, Charles Palmer, who was set free the day before thanksgiving in 2016, after he had been forced to spend 18 years of his life behind bars for a crime he did not commit.

A surprising yet inevitable new issue to address arose when the Illinois Innocence Project noticed that many times the people whowere exonerated lacked educational, emotional, or familial support once they were released.

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 Posted on June 05, 2017 in Criminal Defense

Illinois lawmakers unanimouslypassed a measure making it more arduous for law enforcement to confiscate property from innocent owners. The bill passed in the Senate and will now head to the house.

The plan would shift the burden of proof to authorities in circumstances where they seize an individual’s property under a criminal investigation. As it stands, Illinois law allows for the confiscation of an individual’s property even in cases where no formal charges are levied against the owner.

There is a strong financial incentive for law enforcement agencies to seize property. Once the property has been taken, then the agency who took possession of the property, in many cases, reaps the rewards of the proceeds from the civil asset forfeiture. In addition to not having a constitutionally guaranteed right to counsel once a person has had his or herproperty seized, it can be costly to challenge and often leaves people with no mechanism to get their property back.

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 Posted on June 02, 2017 in Juvenile Crimes

A sweeping wave of legislation aimed at restructuring the juvenile criminal system in Illinois has taken hold. Many lawmakers and civil rights activists nationwide are advocating for less punitive sentences for minors who are ensnared in the criminal justice system.

Minors and Juvenile Detention

Illinois law demands that the minimum age that a child can be held in a juvenile detention center is 10. The nationwide regulation is 13, as recommended by the Juvenile Detention Alternatives Initiative—a Maryland-based private philanthropy foundation. The minimum age in Illinois to serve time in a juvenile state prison, as opposed to juvenile detention, is 13.

Illinois lawmakers and juvenile justice advocates are arguing that the age required to be detained in a juvenile detention center should be raised to 13. It seems unlikely that a bill would pass, however, without language carving out an exception for certain classifications of felonies. Advocates of raising the age to 13 argue that adding an exception would ruin the intent of the bill.

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 Posted on May 24, 2017 in Traffic Offenses

Standard moving violations will usually stay on your driving record for up to five years from the time you are convicted, according to the Illinois Secretary of state. Standard moving violations include:

• Speeding;
• Disobeying a stop sign;
• Disobeying a traffic light; and
• Improper lane usage.

However,traffic violations whose penalties result in a suspension or revocation can stay on your driving record for at least seven years. That timeline will not start until the date you get your license reinstated. The caveat to that general rule are traffic violations that include alcohol or drugs, like a DUI for example. Those kinds of convictions may stay on your Illinois driving record for the rest of your life.

Is There Any Way I Can Keep a Traffic Ticket Off My Driving Record?

That is a question for your Cook County traffic violation attorney. Generally, the only way to accomplish that is to receive court supervision as a punishment for your traffic violation or getting the charge dropped or dismissed.

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 Posted on May 22, 2017 in Juvenile Crimes

With the signing of State Bill 2777, it is now prohibited for a juvenile to be committed to a juvenile detention center for a crime that is not a felony, and even for some nonviolent felonies. This change in the law comes as a sweeping initiative is taking hold in the Illinois legislature, moving away from the tough on crime policies that have caused an exploding prison population in Illinois.

“There has been a recognition that our system of justice needs to be more just and less retribution-focused,” said Rep. Ron Sandack, R-Downers Grove.” This is coming as bi-partisan efforts to keep our children out of the prison system have begun to take hold in our criminal justice system.

Which Juvenile Crimes Does This New Law Effect?

The new law effects juveniles who have been convicted of misdemeanor crimes. Misdemeanor crimes include misdemeanor theft, misdemeanor possession of marijuana, simple battery, andtrespassing.

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 Posted on May 19, 2017 in Prenuptial Agreements

Prenuptial agreements are fairly common among married couples in this day and age. They can be used to clarify ownership assets, resolve questions of property division in the event of a divorce, and a host of other legal concerns. However, many couples do not sign prenuptial agreements only to discover a need for such an agreement later in the relationship. In such cases, fortunately, a postnuptial agreement may be an option.

Why a Postnuptial Agreement?

Postnuptial agreements are those conducted after a couple is married, but before any divorce plans—if they ever occur. They may cover many of the same questions as prenuptial agreements, but not all. Some considerations—such as the disposition of assets or debts acquired since the marriage began—are only going to appear in a postnuptial agreement.

One of the common reasons for couples to consider a postnuptial agreement is when one or both partners decide to embark on a new business opportunity or enter into another situation that might put several marital assets at risk. In cases like this, a postnuptial agreement can safeguard some of the marital assets that might otherwise be at risk if the business fails. Another other common reason is when a couple is experiencing problems, but the spouses are hesitant to divorce lest they lose certain assets. If property is a settled question, some people feel more comfortable making a decision about the future of the marriage.

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 Posted on May 17, 2017 in DUI/DWI

With technology becoming more ofan integral part in our vehicles, the prospect of having our roadways dominated by self-driving cars is inching closer toreality. It is not hard to identify the perks of driverless cars. Fewer accidents and less road rage incidents are what some autonomous car designers are pointing to with their investors.

One major issue developers are hoping for is that driverless cars will help solve, if not eradicate, the issue of drunk driving. In theory, one would be able get into his or herself-driving car, push some buttons, and have his or hercar deliver the individualsafely to his or herdestination.

Yet oneof the looming questions about whether a person in a driverless car is operating the vehicle for the purposes of a DUI law is the question of who is actually in control.

Autopilot or No Pilot?

One of the first instances of a fatal car accident involving a driverless car was the case where amanwas killed inside of an autonomous Tesla. The individualhad the car on autopilot when the accident happened. Tesla pointed to the fact that even though the car was in autopilot mode, the driver wasstill required to have his or her hands on the steering wheel and wasresponsible for the trajectory of the car.

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 Posted on May 15, 2017 in Criminal Defense

Asa youth , sneakinginto a movie theater or a pool after hours may seem like good fun; however, making a choice such as this can turn into a criminal trespassing arrest or conviction.

Illinois law sets out what kind of activity is considered criminally liable trespassing. Those elements include but are not limited to the following:

• A person knowingly, without lawful authority, enters or remains within or on a building;
• A person enters land owned by another, and the owner gave notice that entry was forbidden;
• A person remains upon the land of another after receiving notice that entry was forbidden;
• A person falsely gains access to premises for which general public entry is forbidden; and
• A person intentionally removes notice that entry is forbidden.

What Are the Penalties for Criminal Trespassing?

This is a question for your Rolling Meadows, Cook Countycriminal trespassing defense attorney. The penalties will vary depending on the circumstances of each crime. Generally, criminal trespassing in Illinois is a misdemeanor. Therefore,a conviction will likely encompass a fine; however, it can also land you in jail for up to a year. There are different categories of criminal trespassing, andinclude:

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 Posted on May 10, 2017 in Robbery

Burglary, theft, and robbery are serious crimes, and each one hasdistinctive characteristics. Illinois law is very specific in how it defines these crimes and it takes a knowledgeable Rolling Meadows defense lawyer to explain how the laws differ and what the difference means moving forward in your case.

• Burglary is defined by Illinois law as entering the property of another, knowingly, and without permission, and with the intent to commit a theft or a felony once inside the property. It is a common misconception that the property needs to be a home. Boats, cars, railroad cars, even airplanes can be burglarized.
• Theft, as defined by Illinois law, is the unlawful or unauthorized taking of property from another person with the intent to permanently deprive that person of the property.
• Robbery is the most serious of these three offenses and generally carries the most severe punishments. The reason for that is the violent nature of the offense. Robbery is basically theft accomplished through the use of force, or the fear of force.

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 Posted on May 08, 2017 in Traffic Offenses

There are a number of changes to the traffic laws in Illinois—changes of which to be aware because, unfortunately, ignorance of the law is not a defense. The laws encompass areas including:

• When you are required to switch lanes or reduce your speed;
• The distance you have to come to a complete stop in front of a railroad crossing;
• The kind of lights a motorcycle can display for their rear stop lamps; and
• Penalties resulting from a conviction for driving without insurance.

The laws take effect this year in 2017, and some have already been implemented and applied. Traffic violations may seem minor; however, violations can carry heftyconsequences for anunsuspecting motorist. Moreover, traffic violations can result in the loss or suspension of a license and increased insurance rates. Additionally, depending on the severity, traffic violations can even result in jail time.

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