Recent Blog Posts
Learning Curve as Concealed Carry Law goes into Effect in Illinois
One of our more recent blog posts discussed the new concealed carry law that went into effect in Illinois starting in the New Year. Now, many news outlets are reporting on some of the obstacles and challenges the implementation of that law is bringing up in practice. Lawmakers are proposing bills that provide for harsher punishments for carrying guns in prohibited zones such as schools, penalize instructors who fail to train properly, and decrease the age for legally carrying a weapon.
Penalties for Carrying in Prohibited Zones
Some were surprised to learn that the new law changed the penalty for possessing a firearm in a school from a felony for the first offense to a misdemeanor the first two times an individual is charged with the crime. Changes propose increasing the penalty associated with having a gun in school, in addition to other places where they are prohibited by law, including libraries, parks, and on mass transit vehicles, as well as adding places of worship.
Chicago’s Ban on Guns Struck Down
According to an article recently published by the Chicago Tribune, a federal judge decided that a main part of Chicago’s gun ordinance which prohibits licensed gun stores from operating within the city is unconstitutional. The U.S. District Judge, Edmond Chang, opined that he was not convinced that the prohibition was necessary in order to achieve the goal of reducing gun violence, something that was imperative in order to outweigh the constitutional protections found in the Second Amendment. In addition to that provision, the Judge also decided that it was legal to transfer firearms as gifts or through private sale, provided the recipient was 18 years old or older and had a firearm owner’s identification card.
Chicago’s crackdown on guns in the relatively recent past had made it a primary target of the National Rifle Association. Reversing the recent ban on licensed retail stores in the city and private gun sales is considered a win by gun rights advocates in their crusade to eliminate some of Chicago’s strict firearm prohibitions. The ruling coincided with Illinois’ new concealed carry law, which was set to take effect in the new year. It should be noted that the city is expected to appeal the judge’s decision, which will likely prevent any gun stores from opening in Chicago any time soon.
Dentist's wife not entitled to a change in alimony, court says
A St. Clair County appeals court recently denied the request of a dentist's former wife to increase her alimony payments. Modifying alimony can be a difficult process in Illinois, and the wife failed to show that she had a "change in circumstances" that warranted an increase of her alimony payments from her former husband.
The case involves Michelle N. Renner, who was married to Joseph A. Renner, a dentist who specializes in periodontics. The couple married in 1985 and divorced in the fall of 2002.
The original maintenance agreement called for Michelle to receive $3,000 per month in maintenance for a four year period and $3,000 per month in child support.
Michelle successfully petitioned to extend her maintenance in 2005, prior to the expiration of the original agreement. The child support ceased in the fall of 2006.
The new alimony amount was for $5,000 per month which would decrease in a tiered manner to $2,000 per month. These payments would finally end when Michelle turned 62 years old.
Harsher Penalties for Domestic Battery Defendants
A new law that went into effect this month will allow prosecutors in Illinois to impose stiffer penalties on domestic battery offenders. According to the Rockford Register Star, the 2014 law states that those defendants who have multiple misdemeanor domestic battery convictions can be charged with a felony in light of the multiple convictions. The purpose for the harsher penalties would be to give law enforcement and prosecutors another way to protect victims of domestic violence from their attackers.
Although some say that domestic violence is a crime that is often disregarded because it involves family members, it is one of the most common crimes reported to local law enforcement, though it is still believed to be underreported overall. The issue of domestic violence is certainly large-scale, with thousands of domestic violence incidents reported in local counties each year.
Changing or terminating alimony payments in Illinois
Modifying a marital settlement agreement is a difficult task for many Illinois residents.
One common reason that a person seeks to modify a marital settlement is to change an alimony or maintenance award.
In Illinois, it is possible to modify or terminate a maintenance award only upon showing a "substantial change in circumstances." The party seeking the change in a settlement has the burden of affirmatively showing the substantial change of circumstances.
Factors that may result in a "change of circumstances."
There are nine main factors that can constitute a change of circumstances under Illinois law:
- A good-faith change of employment status of either spouse.
- Reasonable efforts made by the alimony recipient to become self-supporting.
- Either spouse's impairment in present or future earning capacity.
- Tax consequences of alimony payments.
- Duration of alimony payments compared to the length of the marriage.
Matthew Schaffer granted a new trial in sexual assault case
An Illinois man was recently granted a new trial after being convicted of sexually assaulting a woman in a Wheeling condo building.
A Cook County appeals court found that the defendant was improperly cross-examined and that this likely led to his conviction.
The purported victim in this case was a New York woman that was staying with some friends after a night out while visiting downtown Chicago.
The woman testified that Matthew Schaffer entered condo building and forcibly assaulted her before taking money and jewelry from her purse.
Schaffer testified that he knew the victim because he had sold marijuana to her on two occasions and that she fabricated the assault story because she was caught cheating on her husband with him.
During jury deliberations, the jury indicated several times that it was split on all three counts. The jury eventually convicted Schaffer on aggravated criminal sexual assault, home invasion, and armed robbery. He was sentenced to 20 years and appealed, alleging that the state improperly cross-examined him.
Changes to Illinois Law in 2014: A Rundown
As we mark the beginning of 2014, many new laws will emerge in the state of Illinois. We previously discussed the change in Illinois law regarding the use of mobile phones while driving and the consequences of doing so, but there are other changes that will take place that are worth mentioning as well. According to an article recently published by NPR for St. Louis, the relevant issues encompass everything from marijuana to littering.
Medical Marijuana
The new law involving medical marijuana involves a four-year trial program that allows individuals that are plagued with certain specified ailments to get a prescription for medicinal marijuana. Regulations and licenses have not been issued, so this may not go into effect right away in 2014. In addition, in order to meet the requirements of the law, the illness must be considered debilitating.
Smoking Cigarettes
Why bring Minor Felony Charges in Juvenile Court?
As we discussed in one of our recent posts about all of the laws set to take effect in the New Year, minors up to age 17 who are charged with certain felony crimes can be tried in juvenile court in Illinois. Previously, 17-year-olds charged with a felony crime were held in county jail with other defendants of all ages, and, if convicted, would have a felony on their record for the rest of their lives. There are many motivations for the change in the law, as Illinois seems to be echoing a change in thinking that is already occurring in states across the nation.
According to an article published by DNA Info Chicago, the Illinois Juvenile Justice Commission’s stance on the issue and the support of local politicians had a lot to do with the change, which was voted on by lawmakers in earlier in 2013. The Illinois Juvenile Justice Commission took the position that since 17-year-olds cannot participate in activities such as vote or play the lottery, join the military, or pierce their ears absent adult permission, they should not be treated as adults under Illinois law for the purposes of committing a crime. The decision was made to handle 17-year-olds faced with felony charges within the confines of the juvenile justice system. The crimes that will be encompassed in the change may include anything from illegal substance charges to burglary and assault, but will specifically exclude murder and sexual assault.
New Year Brings New Police Procedure
The New Year is here, and with it come new laws and regulations that are going into effect. One change that could be especially relevant for criminal defendants involves new training for law enforcement in the use of Taser guns. According to WICS, who recently reported on the change, a new law went into effect on January 1st, 2014, and requires more training for police officers who may use Tasers on a suspect.
The new law also requires police departments to keep detailed records of their training related to Taser use and when they are used in a confrontation with a potential defendant. In the event a police officer uses a Taser on a suspect, the officer will then be required to collect certain information from the suspect.
Some law enforcement agencies reported that it had already been their practice to keep records similar to those required by the law for the last seven years, and also regularly practiced displaying Tasers when an officer had one in his or her possession, something which was not required under the old rules. Displaying the Taser involves removing it from its holster and making sure the suspect sees it as if the officer is going to use it. At times, the suspect may start complying with law enforcement after seeing it and the officer can then secure it in the holster again without having to use it. Then, the protocol is for the officer to complete paperwork stating that they displayed the Taser, the suspect complied, and was not tased.
Illinois wife's alimony award upheld by Cook County Court
A Cook County appeals court recently upheld an $800 monthly alimony award in favor of Amy Kawiecki.
Her ex-husband, David Kawiecki attempted to appeal the award but lost recently.
Issues of alimony and maintenance are a highly complicated area of Illinois divorce law. Appealing an alimony decision is also extremely difficult to do and requires an experienced divorce attorney.
Generally an appeals court presumes that a trial court's award of alimony is correct. An Illinois appeals court will only overturn an award of alimony due to an "abuse of discretion" of the trial court, which occurs when no reasonable person would have taken the view of the trial court. It is also up to the party appealing to prove that the trial court abused its discretion.
In the Kawiecki case, David alleged that the trial court abused its discretion in awarding maintenance because Amy received 63.5% of the parties' income after including her earnings, child support and maintenance. The appeals court noted that this disparity wasn't an issue because Amy worked part-time during their 17 year marriage and devoted much of her time to maintaining the household and helping raise their three children.
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