Posted on November 17, 2015 in License Suspension

One of the consequences of being convicted for driving under the influence is that your driver’s license will be revoked. Under the current laws of Illinois, it is illegal to drive a motor vehicle while under the influence of drugs, alcohol, or a combination of both. Upon conviction, a person will lose their driver’s license; more specifically, the Secretary of State will revoke their driving privileges.

The revocation period depends on the number of prior offenses:

• For a first offense, license revocation is for a period of one year, and for those under the age of 21, revocation is for two years;
• For a second offense committed in a period of 20 years, license revocation is for a period of and years;
• For a third offense, license revocation is for a period of 10 years; and
• For a fourth any subsequent offenses, license revocation is for life.

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 Posted on November 12, 2015 in Drug Charges

Illinois Compassionate Use of Medical Cannabis Pilot Program, codified as 410 ILCS 130 et seq., is a temporary test program that will run until the end of 2017, which allows Illinois residents with qualifying medical conditions and diseases to have access to medical marijuana as part of their treatment or pain management regimen. Patients who are eligible under the Act must have a debilitating medical condition as defined in the Act, which includes 39 different conditions, including:

• Cancer;
• Glaucoma;
• Hepatitis C;
• Spinal cord disease or a spinal cord injury;
• Parkinson’s disease;
• Muscular dystrophy;
• Traumatic brain injuries or post-concussion syndrome;
• Rheumatoid arthritis;
• Fibrous dysplasia;
• Wasting syndrome;
• Lupus;
• Seizures; or
• A handful of other rare and painful conditions.

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 Posted on November 10, 2015 in Divorce

When the current laws regarding divorce in Illinois were drafted, the focus seemed to be on making sure that a couple was certain about their decision to end the marriage. Even a divorce on the grounds of irreconcilable differences required a period of at least six months during which the spouses lived separate and apart before a divorce would be granted—and that was assuming both parties agreed to the divorce. As time has gone on, however, cultural views regarding marriage and divorce have begun to change significantly and, this past summer, amendments to the state’s divorce laws were passed that bring the statutes more in line with the needs of modern families.

Required Separations

Among the major changes to the existing divorce law approved by the Illinois legislature and signed by the Governor this year is the elimination of the mandatory separation period. Under the existing law, a person filing for divorce could be forced to wait up to two years if his or her spouse will not agree to the dissolution sooner. In the most amicable, uncontested situations, the required period of separation can be no less than six months.

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 Posted on November 10, 2015 in License Suspension

If your driving privileges have been suspended or revoked, it can make commuting a challenging process. You have to rely on public transportation, your friends and family members, or walking or biking to get around. Life may become particularly difficult if you need a car to get to work or school. One solution to the problem, albeit ill-advised, is to risk getting caught and drive without a valid driver’s license. And many people choose to do this, despite the consequences.

A driver’s license is required in order to operate a motor vehicle in Illinois, under 625 ILCS 5/6-101. You cannot drive in Illinois if you have never obtained a driver’s license, or if your license is expired or cancelled. Additionally, driving when your driver’s license is suspended or revoked is prohibited under 625 ILCS 5/6-303. As a general rule:

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 Posted on November 05, 2015 in Criminal Defense

After almost two years of bureaucratic delays, the wait for medical marijuana in Illinois may be coming to an end. According to regulatory officials, the first legal crop has been harvested, processed, and is ready to be tested. Growers and industry leaders expect that the state’s legal outlets for marijuana distribution, known as dispensaries, are expected to open their doors in the next two weeks, and qualified patients are optimistic that it will finally be happening.

Smaller-Scale Operation

When the medical marijuana pilot program gets off the ground, it will do so on a scale well below that of original estimates. So far, only six dispensaries have been granted license to begin operating in the state, far below the 60 companies which sought approval. The number of qualifying patients, as well, is much lower than initially anticipated. With expectations of around 100,000 registered medical marijuana patients, the actual number is currently at about 3,300. Efforts to expand the list of qualifying conditions have been blocked by Illinois Governor Bruce Rauner, who has expressed reluctance to make any changes to the program before it actually gets started.

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 Posted on November 05, 2015 in Shoplifting

Many people do not realize that the crime of retail theft takes multiple different forms. For instance, retail theft under 720 ILCS 5/16-25 occurs whenever someone in Illinois knowingly:

1. Takes something from a retailer without paying. The most typical form of retail theft involves taking an item from a retail establishment where the item was for sale, with the intent to keep the item, and thus deprive the store of the item, without paying for it.
2. Changes or removes the price tag. Altering the price tag or labeling of an item so that it appears that the item costs less than it actually does, and then taking advantage of the misrepresentation to obtain the item for less than it costs, is a form of retail theft.
3. Swaps Packaging. Taking one item out of its packaging, and placing it in the packaging of another, cheaper item, in order to pay the lower price, is a form of retail theft because the seller loses out on the full retail value of that mispackaged item.

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 Posted on November 03, 2015 in Alimony

Eight years. That is the average length of a marriage that ends in divorce in the United States and it is among the lowest of any country in the world. Following a divorce, state laws around the country provide that, in some cases, one spouse may need financial assistance from the other for a period of time to allow the disadvantaged party the opportunity to be self-sufficient. While spousal maintenance may seem like a reasonable option for situations involving marriages that lasted a long time, many individuals considering divorce often wonder if the same type of support may be available for shorter marriages. As with most aspects of divorce, the answer is a resounding "maybe."

Deciding on Spousal Maintenance

No matter how long your marriage may have been, you have the right to request spousal maintenance in your divorce. Of course, it may not be granted, but there is nothing stopping you from seeking it. While the length of your marriage is a factor that the court will consider when making a decision, it is only one of many considerations. Others include the income and resources of each party, how your earning capacity was affected by your role in the marriage, how you contributed to your spouse’s career or earning capacity, your needs, those of your spouse, arrangements for your children, if any, and the likelihood and time needed for you to become self-sufficient. The court will also look at the standard of living created by the marriage and determine if you should be entitled to a maintenance award.

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 Posted on November 03, 2015 in White collar crime

Falsifying financial documents can take many forms: falsifying tax returns, bank statements, financial records, accounting documents, earnings reports, securities information, income statements, signatures, and checks are all actions that are meant to deceive the recipient of the falsified document into believing one thing, when the truth is another. These types of white collar crimes constitute deception-based crimes, which take advantage of someone else for personal financial gain.

Forgery

Under 720 ILCS 5/17-3, a person is guilty of committing forgery if he or she knowingly makes a false document or alters a document to make it false with the intent to defraud someone such that the forged document is capable of defrauding another. Forgery can including knowingly giving someone a forged document, with the intent to defraud the recipient, or simply being found in possession of a forged document with the intent to deliver the forged document to someone, with the intent to defraud.

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 Posted on October 28, 2015 in Criminal Defense

You have probably seen or heard about search warrants in movies or on television, but the way they are used in real life can be quite different. Search warrants give law enforcement permission from a court to search your property. Warrants can be issued that allow law enforcement to search your home, business, computers, car, cell phone, or any other property you may have.

When Are They Needed?

The U.S. Constitution and Illinois law protect you from unreasonable searches. This means that the police, or other law enforcement agency, must usually have your permission or a search warrant before entering your property to look for evidence of a crime.

If the police ask to come into your house to look around and you give them permission, they do not need a warrant. Anything they find can be used against you in court. However, if the police ask to search your house and you tell them they need a warrant, they cannot then search your house without first obtaining a search warrant from a judge, based on probable cause.

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 Posted on October 28, 2015 in Homicide

Accidentally killing another person with a vehicle is a tough thing to live with, and while the defendant never meant to take a life, he or she will likely be prosecuted if there is evidence to suggest that the driver acted negligently in some way, and that the negligence led to the death. Frequently, defendants in these types of situations find themselves facing criminal charges, and based on the facts surround the fatal accident, additional charges can be brought against the defendant as well that carry more severe penalties.

Reckless Homicide, Plus Other Charges

The exact details of the accident can have an impact on what charges can be brought against the defendant. As an initial matter, when a motor vehicle accident results in a fatality, an allegedly negligent driver is usually charged with reckless homicide under 720 ILCS 5/9-3, which is a Class 3 felony that carries a jail sentence of between two and five years. But other negligent actions can add to the charges.

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