Posted on October 22, 2013 in Illinois Laws

Illinois has a new medical marijuana lawthat will go into effect January 1, 2014, providing individuals across the state with certain medical conditions the opportunity to obtain the drug to manage their medical concerns. There are still penalties in the state for growing, selling, or possessing the drug outside of particular circumstances linked to the medical marijuana law. If you’re facing charges for marijuana possession or sale, reach out to an Illinois criminal attorney for guidance.

The Department of Public Health is responsible for determining the medical conditions that are eligible for medical marijuana. Dozens of conditions such as MS and HIV/AIDS are currently approved. There are 22 cultivation sites across the state, one for each state police district. Approved patients can purchase up to 2.5 ounces twice per month (once every two weeks).

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 Posted on October 19, 2013 in Your Rights

If you’re pulled over in Illinois and the officer has reason to believe that you may be under the influence of alcohol, he or she can ask you to complete a field sobriety test. Depending on the results of that test, the officer may request that you complete a chemical test to verify your blood alcohol content (BAC). Knowing what you are required to do in these circumstances can make a big difference in whether you lose driving privileges or not. If you have been arrested for DUI, your first step should be to contact your Illinois criminal law attorney for advice.

In Illinois, failing a chemical test or refusing to submit to chemical testing might lead to statutory summary suspension or revocation. It’s important to note that these rules apply to Illinois drivers pulled over for DUI in other states, too. If you refuse to submit to chemical testing, immediate penalties will apply. However, if you contact a DUI attorney immediately, you can fight a license suspension.

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 Posted on October 16, 2013 in Violent Crime

According to Reuters, Chicago continues to boast the highest murder rate in the country, in spite of a 22 percent drop earlier this year. Most of this Illinois criminal violence is attributed to gang wars. It is currently estimated that there are as many as 630 different gang factions fighting for territory within the city of Chicago. In an effort to reduce the number of gang-related crimes within the city, Chicago police are now turning to a new social media tool.

Chicago police worked closely with local sociologists in order to develop the tool, which is known as “network analysis,” according to Governing magazine. It works similarly to Facebook’s graphic search tool, and allows members of the Chicago Police Department to map the relationships between the city’s most active gang members and predict their behavior based on a number of factors. This prediction tool allows them to not only see which gang members are most likely to become violent; it allows them to see which ones are likely to become victims as well.

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 Posted on October 15, 2013 in DUI

The village of Skokie is being sued by a Chicago woman who claims she was brutalized by police officers after her DUI arrest last winter.

The Chicago Tribune reports that 47-year-old Cassandra Feuerstein had to undergo facial reconstructive surgery after she was shoved headfirst into a jail cell bench by a police officer who arrested her for DUI.

The woman's attorney says that the entire incident was caught on the jail's video surveillance system.

"The video speaks for itself," attorney Torreya Hamilton said. "She does nothing to justify what this male police officer does."

The village of Skokie characterizes this as an isolated incident and says that all officers who were present during the time of the incident were interviewed.

"The Village of Skokie is committed to reaching a full resolution in this matter," village officials said.

The woman pleaded guilty to DUI and is suing the Skokie of an unspecified amount in damages.

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 Posted on October 10, 2013 in Weapons

On September 19, a three-year-old boy was shot in a crowded park in the Windy City alongside 12 other people, according to the Chicago Tribune. The shooting “once again drew national attention to the problem of persistent violent crime in Chicago neighborhoods where guns and drugs have seeped into daily life,” reports the Tribune. “Locally, it reignited a call from law enforcement for tougher sentences on offenders who illegally carry guns in Chicago.” The call for tougher penalties came as news agencies reported that the man responsible for the late-summer tragedy, Bryon Champ, had a history of illegal gun possession and yet had never served any time in prison for his offenses. According to the Tribune, Champ was “caught in June 2012 with a loaded semi-automatic pistol,” and though he faced up to seven years in prison, got off with a four-month boot camp program instead.

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 Posted on October 09, 2013 in Divorce

A Cook County divorce is similar to the dissolution of a business relationship. Aside from the issues of child and spousal support, the division of property can be one of the most complex and time-consuming aspects of the divorce process.

Generally items that are purchased prior to marriage, but in contemplation of marriage are considered marital property.

When determining whether something acquired before marriage is marital property, courts look at the "totality of the circumstances" and consider factors such as:

• The proximity of time between the acquisition of the property and the marriage.
• Whether the equity in the property was acquired with joint money (marital funds).
• Evidence that the couple tended to use the property jointly (such as a marital home)
• Whether both of the spouse's names appear on the offer sheet or title of the property.

The way that courts weigh and consider these factors can be heavily influenced by the persuasiveness of your attorney, so it is important to consult with an experienced Cook County divorce attorney as early in the divorce and asset division process as possible.

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 Posted on October 07, 2013 in DUI/DWI

A term frequently used to discuss driving under the influence (DUI) charges in the state of Illinois is that of statutory summary suspension. According to the2013 Illinois DUI Fact Book, if the you have received your first DUI or you’re not sure what the term means, educating yourself about the process can be helpful in moving forward in your DUI case. The best way to prepare for your DUI case in court is to hire the services of a talented criminal law attorney.

A statutory summary could apply in your situation if you refused to take or failed to complete chemical testing. Chemical testing is used to determine the level of alcohol in an individual’s blood, and failing refers to a Blood Alcohol Content (BAC) of .08 or higher at the time of testing.

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 Posted on October 04, 2013 in Violent Crime

A 17-year-old man was ordered held on $500,000 bail after being charged in the death of a infant whose death was ruled a homicide, according to the Chicago Sun-Times. Willie Brown is facing charges in the death of 4-month-old Demari Brown after Demari died while in the sole care of Brown in late September. Prosecutors allege that after Brown killed the infant he proceeded to play video games “after the severely battered baby… stopped crying and eventually died,” reports the Sun-Times. Assistant State’s Attorney Heather Kent told the Sun-Times that Demari was Brown’s girlfriend’s baby, though police reported that Brown was the child’s father. “When Demari’s mother asked Brown what he did to her baby at the hospital where the infant was transported he allegedly cried and said, “I’m sorry. I’m sorry,” reports the Sun-Times.

Brown was the only one home with the child when the incident occurred, and police reported after the baby was found that Demari had suffered “blunt trauma to the head, a linear fracture to the skull, subdural hemorrhages, rib fractures and healing fractures to other ribs and a wrist,” according to the Sun-Times. This has led some prosecutors to allege that the baby had suffered abuse before the incident that took his life. The Illinois Department of Children & Family Services was “investigating the boy’s mother, Brown, and grandmother for allegations of abuse,” reports the Sun-Times, though the family has no other prior allegations of child abuse.

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 Posted on October 02, 2013 in Child Custody

It is possible to appeal a family court's modification of a child support order in Illinois. Typically an appeals court will not reverse a family court's factual findings used to make a child support modification unless they are against the "manifest weight" of the evidence.

In addition to not typically disturbing a trial court's factual findings, a Cook County appeals court will usually not change a child support modification unless it constitutes an abuse of discretion.

Courts have wide range of latitude in deciding child support cases, so it is rare that an appeals court will find that a family court abused its discretion.

There have been cases however where Illinois court have terminated a noncustodial parent's obligation to pay child support on appeal. These cases typically involve "extreme and unusual" allegation concerning the custodial parent's behavior.

These allegations have to go further than alleging that a parent merely violated the terms of visitation. Parents have typically had to show that the custodial parent has actively interfered with the relationship that the noncustodial parent has with his or her children.

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 Posted on September 30, 2013 in Traffic Offenses

The wife of Chicago Bears quarterback Jay Cutler picked up a speeding ticket on a recent trip from Evanston to Chicago. Since she was driving without an Illinois driver’s license, she was required to visit the Evanston police headquarters to post a $150 bond. Cavallari was surprised that she was required to visit the police station to post a bond, but it brings to light a common procedure for individuals with certain out of state licenses who are pulled over traffic violations.

According to the Evanston police, this is normal for individuals with certain state drivers licenses. Unfortunately, California and several other states do not participate in a cooperative agreement between states about licensing. Although many people are not aware of this, it does indeed come with a $120 fine, which can be deducted from posted bond. This amount could also be increased as a result of court costs.

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