Posted on December 09, 2014 in Your Rights

According to a recent article published by a national news source, there is a significant difference in races represented when considering arrest rates in the United States. USA Today reportedly analyzed arrest rates of police departments across the country and found that many law enforcement agencies arrest and charge African Americans with crimes at significantly higher rates than other races. In fact, in many locations, the rates were at least three times higher and up to 10 times for African Americans. These statistics were not isolated to small towns or suburban areas, but included larger, more diverse cities as well, including Chicago.

Why the Disparity?

While the numbers may be relatively easy to measure and report on, the more difficult and more relevant concern is why they are so. Experts say the mere fact the the racial disparities in arrests exist does not address what causes them. The reasons could range from anything to police bias to being a result of the socioeconomic gaps that exist between people in many areas of the country. Regardless of the source, the mere fact that such a significant disparity exists in the high number of black people that are arrested, stopped, searched, and imprisoned compared to individuals of other races suggests a problem that deserves attention, especially in current times.

Continue Reading ››

 Posted on December 04, 2014 in Criminal Defense

This time of year often brings home many college students, as well as lots of holiday parties. With this brings more opportunities for young adults to fall victim to underage DUI’s.

With the legal drinking age being 21 in the state of Illinois, any person who consumes alcohol under the age of 21 is illegal. However, in the state of Illinois, there are exceptions to this rule. These exceptions are: if alcohol is being consumed for religious reasons, and if alcohol is being consumed on private property and under the consent of a legal guardian.

Since Illinois is a zero tolerance state, if an individual that is underage is determined to have a Blood Alcohol Content (BAC) level of 0.00% or higher, then they will be charged with driving under the influence (DUI).

Below are the penalties that you may face if you are charged with an underage DUI:

1^st Conviction

Continue Reading ››

 Posted on December 04, 2014 in Weapons

Considering some of the tragic events that occur in the world today, it is perhaps not surprising that citizens who choose to exercise their Second Amendment right to bear arms also may choose to travel with their firearms. Whether they anticipate using the weapon for self defense or protection, or just simply to gain some peace of mind, it is important for those individuals choosing to do so to realize that there are usually laws regulating weapon possession by which they must abide. If not, violators of weapons laws may face serious criminal charges, including felony crimes. Visitors to this area should also be aware that they need to follow Chicago gun laws, as well.

Gun Laws in Chicago

According to a recently published news article, gun owners who visit Chicago should familiarize themselves with the city’s gun laws before deciding to take their weapon with them to the city, or to the state of Illinois. There are three main laws governing possession of firearms that are applicable throughout the state, including in the city of Chicago: one in the Criminal Code, one in the Wildlife Code, and the Firearm Owner’s Identification Act. These laws are in addition to any local regulations or ordinances put in place by smaller communities within the state of Illinois. Even those who are not residents of Illinois are subjected to these laws and are expected to abide by them while in the state.

Continue Reading ››

 Posted on December 02, 2014 in Violent Crime

In areas of criminal law dealing with children, some punishments are particularly harsh when the law is violated. Such is the case with matters involving child abuse allegations. Not only does the perpetrator face potentially serious criminal charges, but additional laws also act to place responsibility on other adults in the child’s life who may have had a reason to believe the abuse was happening. In light of some recent event happening in a local county, a recent news article was published by the Chicago Tribune to help explain the Illinois law regarding mandated reporting.

Reporting Child Abuse

There is a criminal case pending in a local Chicago-area county involving allegations against teachers who reportedly failed to report suspected child abuse. The criminal case is ongoing. The relevant law in the case is the Illinois Abused and Neglected Child Reporting Act, which is rarely used in the state but has been active for almost 40 years. The Act includes a section defining those who are considered mandated reporters, and teachers are included in the law’s definition. According to its terms, mandated reporters have an obligation to contact law enforcement officials if they have reasonable cause to believe a child is the victim of abuse.

Continue Reading ››

 Posted on November 28, 2014 in Your Rights

Everyday citizens are not the only ones whose behavior must conform to certain standards set by law. Police, too, are supposed to follow a set of provisions, many of them put in place by the U.S. Constitution, in carrying out their duties as representatives of the government. Failure to do so, in either case, could result in different consequences. One of the most extreme examples of police action in the context of carrying out their duties is the use of deadly force and the circumstances in which it can and should be used. A shooting death which occurred over the summer has brought this issue to the forefront of media discussions.

License to Kill

There is little doubt that police officers and law enforcement are allowed, in certain limited circumstances, to use deadly force when necessary. These situations include, but are not limited to, ones in which the police officer’s lives are in clear and obvious danger, or are facing a threat of significant harm or death themselves. The problem that the referenced report points out is that there is very little tracking of fatalities caused by officers’ use of deadly force and investigation into the matter to determine whether the use of force in a given case should be met with any consequences.

Continue Reading ››

 Posted on November 25, 2014 in Sex Crimes

Juvenile crimes generally get special and specific considerations when they are prosecuted in the court system. Many times, juvenile offenders participate in criminal activity merely as a result of immaturity or inexperience. One bad judgment call can have significant effects if the action results in an illegal act. Of course, there are certainly other juvenile cases that are much more serious and involve significant crimes and associated penalties depending on the facts of the case. Determining how to address issues and handle juvenile offenders in light of their crime and personal history is a main challenge of the juvenile justice system.

The Crime of Sexting

Sexting is an offense that has made headlines in Chicago several times in 2014. It is one such juvenile offense that may be handled differently according to the facts and circumstances of a case and the particular offender or offenders involved. There are likely cases in which the offense was the result of poor judgment, and other cases may have more intentional actions, leading to more serious consequences. According to a recently published report, law enforcement in Chicago are currently dealing with a high-profile sexting case, allegedly involving at least three juveniles. It is the sixth such juvenile case that officials have had to address this year alone.

Continue Reading ››

 Posted on November 24, 2014 in Alimony

Divorce…it’s a word that is typically associated with pain and duress. However, this view has become a common misconception. With divorce becoming more and more common, many couples are deciding to take a more amicable approach. This is only one common misconception out of many.

Divorce is harmful to children. While it is true that no divorce or break-up is easy, divorce does not have to be harmful to anyone, especially the children. It is key, however, in order for this to remain true, both parents must maintain respect and communication, as well as support for each other and their children.

Divorce is the only answer. Many couples think that divorce is the only answer. While this may be true in certain situations, divorce may not be the right answer for all. If there is any chance of a reconciliation, it always best to consider a less permanent resolution, such as legal separation.

Continue Reading ››

 Posted on November 20, 2014 in Criminal Defense

Many involved in the criminal justice system as the result of drug charges are battling a serious addiction. But for the drug dependency of these offenders, they most likely would not participate in illegal or criminal activity. In instances such as these, courts and law enforcement usually recognize the unique needs of these defendants and attempt to address them. Often times, this may involve the defendant participating in an alternative program known as drug court.

Drug Court FAQs

A recent news article touting the crime-reducing benefits of drug court in some counties goes on to explain some basic information regarding the program. Many counties in Illinois have formed drug court as a division of the Circuit Court. The eligible participants are ideally nonviolent drug-dependent offenders who are willing to submit to intensive treatment and accountability-based supervision in order to address their criminal charges and get a new chance at life. They are closely monitored by a judge and a larger drug court team.

Continue Reading ››

 Posted on November 18, 2014 in Sex Crimes

It should go without saying that sex crimes are serious offenses that have severe consequences associated with them. These cases present many issues that need to be addressed, but some cases involve special circumstances that deserve extra consideration. As one report points out, one type of sex offense case that involves additional issues are those in which an elderly defendant is charged with a crime stemming from facts that allegedly occurred decades ago.

Health Concerns

In addition to the myriad of other issues inherently involved in sex crime cases, those in which an elderly defendant is charged usually have an additional set of unique factors to consider. Not only can these cases involve displacing a criminal defendant from his or her place of residence, but can also involve extradition issues, which may be more common the further back in time the facts supporting the charges supposedly occurred. All of this is compounded by any health concerns elderly defendants have, which can also vary in severity. In some cases, an elderly defendant’s life could be placed at serious risk before they are even tried for their crime.

Continue Reading ››

 Posted on November 14, 2014 in Alimony

When it comes to needing to make a change in your marriage, many couples consider divorce their only option. However, there are other options out there, such as legal separation.

Since divorce results in the finality of a marriage, it is critical to ensure that a couple wishes to end their marriage. Often times, legal separation may be the better option, especially if there may be a chance for reconciliation in the future.

There are several other reasons a couple may wish to pursue a legal separation versus a divorce, such as:

•  The opposition of divorce due to religious reasons.
• The eligibility of a spouse’s benefits, including Social Security and other government benefits.
• The eligibility of health insurance or other benefits from spouse’s employer.
• The eligibility of tax benefits if stating legally married.
• There is less stress related to filing a separation agreement versus a divorce agreement.

Continue Reading ››