Recent Blog Posts
Attempt to Commit a Crime is a Crime
The old saying goes that close only counts in horseshoes and hand grenades. Well, close can also count in criminal law. While committing a criminal offense can land you in hot water, you may not realize that mere attempts to commit a criminal offense can also land you in jail for almost as long – an attempt to commit a crime is a crime.
What Counts as an Attempt?
In common language an “attempt” occurs whenever you try to do something. Fortunately, the legal definition of “attempt” is a little bit stricter than that. Illinois defines attempt in its statutes. According to Illinois law a person is guilty of attempting to commit an offense when he or she (1) does any act that is a “substantial step” toward the commission of the offense while (2) having the intent to commit that specific offense. Now, that does not mean that one has to sit down and think to him or herself, “I would like to go out today and commit a burglary.” The intent requirement does not mean that you have to know what the offense you intend to commit is called—it only means that you have to intend to commit it. That clears up the intent, but the question remains: what is a substantial step?
Supervised Release in Illinois
Most people who have not had dealings with the criminal justice system base their knowledge of that system on what they see on television. Unfortunately, television depictions of criminal law are not always accurate, and even when they are, they cannot possibly represent the criminal law of every state because every state has different laws. One example of this issue has to do with parole. People assume because of television that when someone is released from prison, he or she is released on parole. However, in Illinois, that is not the case. Illinois eliminated parole (except for those people who were sentenced long enough ago that parole was a possibility when they were sentenced) and replaced it with supervised release, a different system entirely.
Who is Subject to Supervised Release?
Illinois statute requires a program known as mandatory supervised release. The statute says that whenever someone is sentenced to prison and that sentence is not one of natural life, “every sentence includes a term in addition to the term of imprisonment.” If a person was sentenced under the law in effect before February 1, 1978, then that term is one of parole, just like is seen on TV. If the person was sentenced under the laws in effect after that date, the term is one of “mandatory supervised release.”
Most Common Child Custody Myths
While divorce is difficult for all people involved, child custody can be even harder, especially on the children. Often times, parents find themselves making assumptions on what to expect from their child custody hearing, which can cause a potential rift in the process, making things even more emotional. Here are several myths when it comes to child custody:
Mothers are more likely to be awarded custody. Since times have changed, most judges are favoring joint custody, or whatever is in the best interest of the child or children involved, which means that if this with the father, then the father will most likely receive full custody.
Children can decide who they want to have custody. While the judge may listen to and take into consideration what an older child’s wishes may be, he or she will not base their ruling on the child’s choice. It is important to not press the judge to make their decision based on your child’s wishes, since this will not make a very good impression on you or for your case.
Body Armor: What Seems Like a Good Idea Can Land You in Prison
Gun crimes are a reality in our society. Otherwise law abiding citizens find themselves carrying guns or other weapons for self-defense when they themselves would never want to hurt a fly. Others resort to protective measures like bullet-proof vests or bullet-proof backpacks to protect themselves. While combining both measures may seem like an excellent self-defense strategy, doing so in Illinois could wind you up in some hot water.
What is Body Armor?
Illinois has a statute that defines body armor. Body armor can be any of the following:
Military-Style Vests and Jackets. These include flack jackets, military surveillance vests, and other types of protective armor designed to be worn by military personnel. They are made of Kevlar or similar materials which are designed to prevent bullets from penetrating the chest. Usually these vests or jackets are designed to be worn over your clothing.
What You Should Know About Vehicle Impoundment
Being charged with a crime is always a very difficult situation. You may be worried about potential jail or prison time, fines and fees, the effect on your reputation, the possibility of losing or job, immigration or professional licensing consequences, or any of about a thousand other potential consequences. One thing you need to be aware of is that when you are charged with certain crimes, another possible issue you may have to deal with is having your car impounded by police.
Illinois Vehicle Impoundment Statute
Illinois has a statute that allows the police to impound your vehicle if you are arrested for certain crimes. These crimes include:
I Wasn’t The Shooter” is Not a Defense: Principles of Criminal Liability
While every criminal case is different, some situations happen over and over again. One thing we see all too often is the situation where a person tries to get him or herself out of trouble by telling the police that he or she was at the scene of the crime but was not the primary culprit, thinking this partially absolves them of criminal liability. It is totally reasonable that people would think this would decrease the amount of trouble they are in — after all, the lookout at the bank robbery doesn’t seem like she is nearly as bad as the co-defendant who shot the bank guard. Unfortunately, while that may make sense, it is not the law. Instead, that lookout will be in just as much trouble as the person who shot the guard.
Accountability for the Conduct of Another
This situation presents an issue of accountability. Under Illinois statute, a person is accountable for another person’s actions under various circumstances. The part of the statute that comes up most often, however, says:
Burglary: It Is Not Just Breaking and Entering
Thanks to police procedural shows and courtroom dramas, the public has a lot of ideas about what the law is and what it is not. Unfortunately, since every state has different laws and television writers are not bound to accurately represent any of them, sometimes these ideas about the law can be mistaken. This can be particularly problematic when it comes to criminal law. One example of a crime that is often misconstrued is burglary.
So What is Burglary?
Most people think of burglary as breaking into a house or business to steal something. And this is, in fact, correct: that would be a burglary. But in Illinois, the crime of burglary includes much more than those two possibilities. Like all state crimes in Illinois, burglary is defined by statute. According to the state statute:
Right to Bear Arms: Illinois Rules Age Restriction on Gun Possession Does Not Violate the Second Amendment
Gun crimes are one of the most contentious types of crimes there are in our society. On one hand gun, violence kills far too many members of our society, particularly young people. On the other hand, our constitution give us the right to bear arms. Issues of gun control seem to come up on both the state and federal level each year. Now the Illinois court of appeals has issued an important decision that seems to prioritize the need for gun control over the constitutional right to possess a gun.
Illinois Court Rules Against 18-Year Old’s Right to Bear Arms
The Illinois Court of Appeals recently addressed whether an 18-year-old has a right to bear arms that is protected by the Second Amendment. The case is called People v. Fields. The State charged Demonte Fields with aggravated unlawful use of a weapon (AUUW). Ultimately the trial court convicted Fields after a bench trial and sentenced him to probation. Fields appealed, arguing that his conviction should be vacated because the statute prohibiting the possession of a handgun while under 21 years of age is unconstitutional. The Court of Appeals did not agree, and it upheld his conviction.
Tips For Handling Stress With Your Divorce
Divorce can bring on a variety or negative and emotional issues. While it is not an easy thing to cope with, there are several things you can do to handle the stress related to a divorce.
Manage your emotional needs. It is important to talk to someone who understands what you are going through. Often times, a support group is a good place to find the support you may need, with the ability to share your feeling with people who can relate. It may also be to your advantage to seek the help from a counselor. They too can help to give you the emotional support you may need.
Do not worry about things that are out of your control. By dwelling on things that you cannot control, you are only increasing your stress and anxiety levels. By letting these things go, you can focus on moving on.
Think through any decisions you need to make. While there may be times after a divorce that may need immediate decisions, it is important to think any of these decisions through, weighing all options and consequences, as well as avoiding making any unnecessary or rash decisions.
Solicitation and a Sting in the Suburbs
When we think of undercover police work we often think of narcotics cases. Police go undercover to buy or sell drugs and catch people who do the same. But this is certainly not the only area where police work under cover. Sex crimes like prostitution and solicitation also provide undercover work for police and lead to arrests in the suburban area. If you have been arrested for a sex crime in the Rolling Meadows area, it is in your best interests to contact an attorney immediately.
A Sting in the Suburbs
The Chicago Sun Times reports that 14 men were recently arrested after meeting police officers in an undercover solicitation sting in the west suburbs. Undercover police officers placed ads for prostitution services on an adult classifieds website called Backpage.com. The men then allegedly went to a hotel to meet with the advertised prostitutes only to instead find undercover cops. In 2014, more than 130 men were arrested by Cook County Sheriff’s officers using this Backpage sting method. The unit has arrested around 700 people using this method since 2009. The men caught in this sting were charged with a violating a local Cook County public morals nuisance ordinance.
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At Cosley Law Office, we represent clients in Illinois, including the cities of Rolling Meadows, Schaumburg, Palatine, Arlington Heights, Mount Prospect, Buffalo Grove, Barrington, Elk Grove Village, Inverness, Wheeling, Long Grove and Mundelein, as well as Cook County, Lake County, DuPage County and throughout the Chicago, IL, metropolitan area.
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