Posted on March 11, 2016 in Criminal Defense

Individuals who find themselves facing burglary charges may encounterserious consequences if convicted. Burglary charges come in two varieties: burglary and residential burglary. Burglary is a lesser included charge of residential burglary—all of the elements of the crime of burglary are included as elements of the crime of residential burglary. However,in either case, burglary charges are serious—both burglary and residential burglary are felony charges.

What Constitutes Burglary in Illinois?

In Illinois, under 720 ILCS 5/19-1(a), a person commits a burglary when he or she knowingly enters or remains without authority and with the intent to commit a felony or theft in a:

• Building;
• Housetrailer;
• Motor vehicle;
• Watercraft;
• Aircraft; or
• Railroad car.

Burglary committed in a school, daycare, or place of worship carries harsher consequences than burglary of any other building. You can also get into trouble if you are caught in possession or for selling burglary tools, such as keys, instruments, or other devices that can be used to break into any of the places identified above.

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 Posted on March 09, 2016 in Uncategorized

Illinois law takes a firm stance on protecting a person’s home and property from the unwanted intrusion of others. Indeed, Illinois has a number of laws intended to protect people from others. Specifically, Illinois law provides for criminal charges for trespassing, home invasion, and residential burglary. The consequences associated with each of the above crimes are serious, and criminal defendants who are facing these charges need to have a thorough understanding of what the differences are between these crimes.

Trespassing

Trespassing occurs when a person knowingly enters the property of another without permission. When someone enters or remains in another’s home, it is considered criminal trespassing to a residence, under 720 ILCS 5/19-4. Trespassing can occur by entering another’s yard or property, and residential trespassing could occur if someone entered the home of another or overstayed his or herwelcome as a guest.

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 Posted on March 04, 2016 in Criminal Defense

There are a number of reasons why an individual might find him or herself facing criminal trespassing charges under 720 ILCS 5/21-3. The defendant might have overstayed a invitation to be on the property, the defendant might have knowingly been trespassing on the property of another, or the defendant might have been forced into committing the trespass. Whatever the case may be, criminal trespassing charges are serious, and if you are facing criminal trespassing charges in Rolling Meadows, it is important that you consult with an experienced criminal defense attorney immediately.

Your criminal defense lawyer will be able to analyze your case and identify any potential defenses that you might have to the charges that you are up against. The three main defenses to criminal trespassing charges in Illinois include:

1. You had consent to be on the property. Your alleged trespassing might not be trespassing at all if you had consent to be on the property of another, or if you had permission to use a piece of property, such as a car. If you have permission, then you cannot legally be trespassing. Consent can take many forms, including spoken words, writing, actions or gestures. In some cases, silence or inaction on the part of the property owner can qualify as consent as well, depending on the facts of the situation. Consent must be legal, meaning that the person who gives consent must legally be able to give it. Children, intoxicated persons, and incompetent individuals are incapable of giving consent. Additionally, consent must be rightfully obtained—consent cannot be obtained through fraud or deception, trickery or lies.

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 Posted on March 02, 2016 in Criminal Defense

If you are facing drug charges, you are in a difficult spot. However, if your alleged crimes were committed in the wrong place or involved the wrong person, you could be in even worse shape.

Illinois law provides for aggravating factors when it comes to drug crimes, which can make criminal drug charges considerably more serious. When aggravating factors are present in a drug case, penalties become increasingly severe, and sentences can become substantially hefty.

What Are the Worst Aggravating Factors in Illinois?

The aggravating factors for drug charges in Illinois can be broken down into three main groups: to whom you sold drugs, where the drugs were sold, and repeat offenses. Illinois law is very specific regarding what constitutes an aggravating factor in a drug crime.

1. Who is Involved: Selling drugs to minors is the most common aggravating factor in drug crimes. Selling drugs to a person who is under the age of 18 can lead to double the maximum sentence under 720 ILCS 570/407. Similarly, having minors sell drugs for you is another aggravating factor under 720 ILCS 570/407.01 and can lead to triple the maximum sentence. Also, knowingly selling drugs to pregnant women is an aggravating factor in drug cases, under 720 ILCS 570/407.02, which can lead to double the maximum sentence.

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 Posted on February 25, 2016 in Criminal Defense

It is all too common for criminal defendants to be arrested because they are in possession of drug paraphernalia. Even if you have absolutely no drugs on you at the time the arrest is made, law enforcement can still bust you for having the tools necessary to use drugs under 720 ILCS 600, also referred to as the Illinois Drug Paraphernalia Act. When a person knowingly has the drug paraphernalia in their possession, it is difficult to refute the charges.

Drug Paraphernalia That Can Get You Arrested in Illinois

There are severaltypes of drug paraphernalia that can get you into trouble with law enforcement. A few common examples include:

• Marijuana bongs and pipes;
• Crack pipes;
• Syringes, when the person in possession of the syringes lacks a medical condition that would justify him or her having syringes;
• Cocaine spoons or cocaine vials;

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 Posted on February 23, 2016 in Traffic Offenses

While you may think you have a pretty good handle on the rules of the road, do you know what your rights are when you are pulled over and given a traffic citation?

Not many people actually know what their rights are when they are pulled over. Therefore, it is important that you understand the rights you have when law enforcement pulls you over to issue you a citation for a traffic violation.

1. You Can Wait to Stop at a Safe Location. Where you are being pulled over might not be a terribly safe place to stop. It might be dark, there might be no lighting, or there may be no shoulder for you to pull over into. You can continue to travel a reasonable distance before stopping at a safe place, but you should indicate to the officer who is pulling you over of your intention. This could be done by slowing down, turning on your blinker to indicate that you are pulling over, and then informing the officer of why you did notpull over sooner once you do finally stop and the officer approaches the vehicle.

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 Posted on February 18, 2016 in Criminal Defense

Surprising as it may seem, if you are busted for selling fake drugs, you can be charged with a felony. While the substance that you are peddling may not in fact be the illegal substance you are advertising it to be, if it looks like the drug you allege it to be, and you are trying to sell it as the real stuff, that is a crime. Illinois law enforcement is just as serious about look-alike drugs as they are about real drugs. Police will arrest you, and you will be charged, just like you would if you had committed a crime with real drugs.

What is a Look-Alike Drug?

Just as the name implies, a look-alike drug is a substance that looks like the real thing. The alleged drug could be marijuana, crack, heroin, pills, etc. that is designed to look legitimate. The substance could have the correct coloring, appearance, smell, consistency, size, branding, packaging, and flavor as the real stuff and yet be counterfeit. If the fake drug could deceive a reasonable person into thinking the fake is the real drug, it is a look-alike drug.

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 Posted on February 16, 2016 in Criminal Defense

When formally charged, acriminal defendant may be surprised to learn just how many different charges are filed against him or herfor a single alleged crime. Someone who is arrested for driving under the influence might face DUI charges and reckless driving charges. Someone who gets into a physical altercation with law enforcement might be charged with aggravated battery of a peace officer and obstructing a peace officer.

Illinois employs what is referred to as the one-act, one-crime doctrine. Under this doctrine, for any one physical act or crime committed by a criminal defendant, he or she can only be convicted of one crime. However,that does not mean that the criminal defendant will notface anumber of charges. Criminal defense lawyers work to either get charges dropped completely, or reduced to lesser crimes, which carry less severe consequences.

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 Posted on February 11, 2016 in Shoplifting

There are so many employees who have taken things from their place of business, and think nothing of it. According to Fortune, retail workers in particular have a tendency to take things from their place of employment without permission. Similarly, thousands of office workers have taken office supplies home on an occasion or two—maybe some ink pens, printer paper, or ink cartridges. These are all forms of employee theft, and an employer could choose to press theft charges against the employee who stole items from work.

Why Do Employees Take Steal From Work?

There are a number of different reasons why workers steal from their job. Some workers feel mistreated by their bosses or management. They might feel like they deserved a promotion or raise and did not receive one when they should have. They might feel undercompensated for the work that they do, and thus feel entitled to a little something extra. They might take office supplies home for personal use, damaged merchandise that should be considered a loss, or products that could otherwise be sold to paying customers. Employees could also steal from the cash register—but this is a more blatant form of theft and the employee is more likely to get caught than if the employee steals other items that are less easily accounted. Shrinkage, or the mysterious disappearance of merchandise due to theft and damage, happens in every business, making it easier for workers to hide their theft.

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 Posted on February 09, 2016 in Criminal Defense

Sometimes party guests find themselves facing criminal trespass charges when things get out of hand at the party. Maybe a guest becomes intoxicated and becomes belligerent, upsetting other guests, or even the host or hostess. The police are likely to be called.

Once aguest is asked to leave, if he or she remains on the property, he or she could be charged with criminal trespass. While the guest was initially invited to the property, as a guest, if he or sheis later asked to leave and refuses to do so, it can constitute criminal trespass according to 720 ILCS 5/21-3.

Permission/Consent to be on the Property

The crime of trespassing largely revolves around whether the person who is committing the trespass has permission to be on the property in question. In the case of a guest who has outstayed his or her welcome, the guest may have started the party with the property owner’s (i.e., host or hostess) permission to be on the property, but that authorization was revoked during the guest’s stay on the property.

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