Recent Blog Posts
What is Official Misconduct?
Often times politicians and government employees frustrate the taxpayer. Most of the time this is just a matter of political disagreement, and while it can lead to heated disagreements, the criminal justice system does not get involved. However, sometimes things go a bit further and there are actual accusations of criminal wrongdoing. In many situations government employees and public officials have protections from being prosecuted for doing their jobs, but there are lines that they can be accused of crossing. One crime of which they may be accused is known as official misconduct.
What is Official Misconduct?
Official misconduct is divided into two types. One type is official misconduct by a public officer or employee or special government agent, while the other is official misconduct by an employee of a law enforcement agency. The first type of official misconduct occurs when any of the covered individuals does any of the following when acting in his or her official capacity or capacity as a special government agent:
Assault and Battery Charges in Illinois
Facing criminal charges can be frightening for anyone. Being charged with a crime that you are not sure you understand can be virtually overwhelming. For many people, their only exposure to the criminal justice system is what they see on the news or read in the newspaper, which can lead to confusion over the definition of particular offenses and crimes. This is particularly true of charges that are frequently related and brought in conjunction with one another, such as assault and battery. If you have been charged with either or both of these offenses, it is critical that you learn the difference between them.
Assault
While many may think they know what the charge of assault encompasses, they are often surprised to learn the actual legal definition. Under Illinois law, assault is any conduct that places another person "in reasonable apprehension of receiving a battery." Assault could be as simple as throwing a punch or as aggravated as brandishing or discharging a firearm. It is important to keep in mind that there no requirement of injury to justify assault charges, as charges are based on the victim’s reasonable apprehension.
Different DUI Standards for Medical Marijuana Patients
Illinois is slowly limping into the age of medical marijuana. While getting the system up and running is taking some time, there are some very good things in the state’s medical marijuana laws. One of those good things has to do with how medical marijuana patients will be treated when it comes to DUI charges.
Illinois DUI Marijuana Charges for Non-Medical Marijuana Users
People who choose to use marijuana in Illinois without the protections that are afforded to medical marijuana users run serious risks if they are ever pulled over on suspicion of a DUI. Under Illinois statute, a person can be found guilty of DUI if he or she drives or is in actual physical control of a vehicle while there is any amount of a drug, substance, or compound in his or her blood, breath, or urine resulting from the unlawful use or consumption of cannabis. Now, as most marijuana users are aware, certain metabolites of marijuana can remain in a person’s system for days or even weeks after the drug has been used and the effects of the drug have worn off. This means that technically a person who uses non-medical marijuana in Illinois and then drives two or three weeks later can be prosecuted for driving under the influence of drugs, even though all of the science indicates that the marijuana would be having no effect on the person’s driving at that time.
Divorce and a Reluctant Spouse
A successful marriage requires the full investment and cooperation of both partners. Conversely, a marriage will deteriorate quickly if one partner is no longer interested in preserving the relationship. While the marriage may be falling apart, divorce can be even more difficult if one spouse is reluctant to accept the end of the marriage. However, if you have decided that you wish to pursue a divorce and your spouse refuses to consider the idea, there a few things that you can do.
Be Respectful of the Process
When you decide you are ready for divorce, you probably did not arrive at that conclusion without a great deal of thought and consideration. It is important to recognize that your spouse deserves the opportunity to think and consider the situation in the same way. By telling him or her that you want out of the marriage, the resulting emotional turbulence can make it very difficult for your spouse to objectively look at the future of the marriage. Give him or her the space necessary to process the reality of the relationship, and, over time, it is possible that the necessary solution will become evident.
Unlike Television, First Degree Murder Does Not Require Premeditation
Many people base most of their knowledge of the criminal justice system on what they see on television. Some of the information on television is accurate, particularly when it comes to news reporting on police misconduct and other related issues. But many people’s beliefs about criminal justice come from fictional crime procedural shows, and often the information provided by these shows is inaccurate. People do not realize that their understanding is mistaken until they find themselves in need of the help of a criminal defense attorney. One such common misconception regards what constitutes first degree murder.
The Misconception: First Degree Murder Requires Premeditation
Television shows, books, and conventional wisdom leave many Americans with a mistaken belief regarding first degree murder. Most people believe that in order to be convicted of first degree murder the prosecutor must prove that the murder was premeditated — that the defendant planned it out or thought it out ahead of time. A perfect example of a premeditated murder would be one where a person hired an assassin to commit a murder for profit. This sort of premeditation is absolutely not required in order for someone to be convicted of first degree murder in Illinois. Premeditation may very well be required in some states, but each and every state has its own criminal code and its own definition for each crime.
Underage Drinking and Driving: Illinois Zero Tolerance Law
As the school year draws to a close, young people across the country look forward to spring and summer seasons. Graduation parties, holiday picnics, and simply spending time with friends offer many teens a well-deserved break from the stress of school. Many teens, however, will choose to celebrate with alcohol, which can not only be dangerous, but is also illegal in Illinois. Some, after drinking, will get behind the wheel of a car, putting them at increased risk of injury and prosecution under the state’s Zero Tolerance Law.
Zero Tolerance and DUI
The Illinois Zero Tolerance Law makes it illegal for an individual under the age 21 to operate a motor vehicle with any trace of alcohol in his or her system. A person caught driving with a blood-alcohol content (BAC) of greater than 0.00 percent may be charged under the state's Zero Tolerance provisions. A first offense will result in a three month suspension of driving privileges, and a subsequent offense carries a one-year suspension. Refusal to submit to BAC testing can result in the penalties and suspensions being doubled.
Criminal Sexual Assault and Aggravated Criminal Sexual Assault
Sex offenses are some of the most difficult types of crimes to defend. While juries and the public are willing to consider most criminal defendants to be innocent until proven guilty, and while they are supposed to do this in sex cases, often they are unable to do so. This is particularly true when the alleged victim of the offense is a child, as most people do not understand the reality that children can be easily led to make false or inaccurate allegations. That is why it is so important that when you are facing charges for a sex offense that you obtain the help of a criminal defense attorney who is experienced with defending this type of offense. There are many different types of sex offenses one can be charged with in Illinois, so it is important for you to understand exactly what it is you are being accused of having done.
Criminal Sexual Assault
Criminal sexual assault is a felony sex offense in Illinois. A person commits this offense if he or she commits an act of sexual penetration and one of the following four statements is true:
Divorce and Separation Can Lead Kids to Drink More Soda
The impact of soda and other sugary drinks on a person’s health is fairly well-known, at least among adults. Most realize that if consumed in excess, such beverages can contribute to obesity, diabetes, and a wide array of other health-related issues. However, children have seemingly always been drawn to soft drinks, either as a treat or, in some cases, a regular part of their daily routine. According to recent research, children of divorce may be even more inclined to drink soda and similar beverages, leading to an increased risk for health problems.
A study conducted at San Francisco State University and published online in the journal Childhood Obesity examined factors that contributed to pre-adolescent obesity. Researchers, led by psychology professor and department chair Jeff Cookston, interviewed parents and children in both intact and divorced families, asking them to track their eating habits. When the results were compiled, the findings showed that children of parents who had recently separated or divorced were far more likely to drink soda or sugar-sweetened beverages than children of currently married parents.
Juvenile Drug Court: An Option for Some Teens
Part of being a teenager is testing boundaries and experimenting with new experiences. Unfortunately, some teenagers choose to push the boundaries of the law and experiment with illegal substances. For some of these young people the only real consequences are the consequences of getting caught, but others find themselves with serious drug problems. There are legal steps that can be taken in order to help these juveniles get the drug treatment they need.
The Juvenile Drug Court Treatment Act
The legislature found that a substantial portion of the resources of Illinois’ juvenile justice system went to young people who were using and abusing drugs. In response, it passed the Juvenile Drug Court Treatment Act. Drug courts in the adult system are special court programs designed to get drug offenders the treatment and life skills they need instead of using taxpayer funds just to lock them up for a short period of time and then release them with their drug addiction still in full force. In the adult system these programs are typically run on the local level. They involve drug treatment, programs to help adult drug offenders find employment, and often involve community service aspects. They are usually much more intensive than many other outpatient treatment options. Drug courts can also, when appropriate, order offenders to do inpatient treatment. Often when offenders successfully complete these programs they receive some benefit when it comes to their criminal charges such as a lessened punishment or even in some cases a complete dismissal. The idea of the Juvenile Drug Court Treatment Act was to create a similar sort of program for young people who are having their cases heard in juvenile court and thus normally would not be eligible for adult drug court programs.
Shared Custody and Joint Parenting Agreements
As a parent, you will always want what is best for your child. In a difficult situation, however, figuring out what is best may be extremely challenging. Negotiating arrangements for child custody can be among the most difficult situations a parent will ever face. However, for parents wishing to maintain shared or joint custody of their child must approach the situation with a sense of cooperation and dedication to the child, regardless of anything else.
Joint Custody
Parents who are divorced or unmarried may seek a joint custody arrangement for their child, which grants them both the legally recognized right to make decisions regarding the raising of the child. They will be expected to work together in creating an environment in which the child will thrive and enjoy a healthy relationship with each parent. While Illinois law does not require a court to work from a “default” position regarding joint or sole custody, it is generally accepted that active, positive participation in the child’s life by both parents is always in the child’s best interest.
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3030 Salt Creek Lane, Suite 120, Arlington Heights, IL 60005
847-253-3100