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Recent Blog Posts
Supreme Court Appears Ready to Limit Cell Phone Tracking
Using cell phone records to track a suspect’s movement and activity is a frequent technique used by law enforcement when conducting a criminal investigation. However, change appears to be on the horizon as members of the United States Supreme Court seem to indicate that prolonged cell phone tracking without a warrant amounts to an unreasonable search and violates an alleged defendant’s right to privacy.
What Has Changed?
A previous Supreme Court ruling indicated that citizens could expect no privacy from making calls from a landline or for checks they wrote on a bank account; it is widely known and expected that calls or transactions for these are kept for a number of business purposes. This latest challenge seems to indicate a shift from that position.
The new case arose from the FBI’s surveillance of a robbery suspect over a period of more than 100 days, using cell phone records to show he was in the area of each robbery when it occurred. While doing so, law enforcement did not obtain a search warrant for the records.
Got a Shoplifting Problem? Help is Available
Sometimes it starts on a dare when someone is very young. Other times, one begins shoplifting because they need some kind of thrill in their life. Whatever the reasons, shoplifting is not only illegal but results in millions of dollars in both loss to retailers and legal expenses every year.
What Exactly is Shoplifting?
Some people try to downplay shoplifting by suggesting it is a minor offense that involves taking just small items without paying for them. However, shoplifting is just another term for both “theft” and “larceny” and under certain circumstances could result in harsh penalties for repeat offenders. It should also be made clear that switching price tags or attempting to return an item taken from the shelf for store credit also fall within the definition of shoplifting.
Here are a few other details that some may not realize could result in or impact shoplifting charges.
Is it Assault or Battery? What is the Difference?
The two terms are frequently substituted for each other with regularity, usually by those who do not really know the difference. The fact is, while similar in nature, criminal charges of assault and battery have distinctive differences in how they are applied and eventual consequences.
Differentiating Between the Two
While both may be justified in the case of defending oneself from a perceived threat, and must have occurred in an intentional manner, there are differences that set a charge of assault from that of battery. Here we list a summary intended to better explain the nuances of both criminal charges.
- Assault is applied when the victim is threatened or feels threatened, but no physical contact actually occurs.
- Assault includes an element of implied or impending violence. It may involve both a verbal aspect, as well as an intimidating physical proximity that does not cross the line and become actual physical contact.
Can You Get Your Criminal Record Expunged in Illinois?
Having a conviction or even an arrest on your record can make it difficult to get a good job, obtain a loan or rent an apartment. However, under the right circumstances and with the right help, it is possible to have your record expunged, which allows a person to live life without having past mistakes hold them back.
Do You Qualify?
The first thing a person should know is that the state of Illinois does not offer record expungement of all offenses or convictions. Unfortunately, there are some things that will follow you throughout life regardless of how long ago they occurred. So what are some of the details that might impact one’s ability to seek and obtain destruction of past criminal records?
Orders of supervision or conviction or minor traffic offenses do not negatively impact your ability to seek expungement of other criminal convictions.
The Age of Consent in Illinois
In Illinois, as is the case in all other 49 states, lawmakers have established statutes that set the age at which an individual may legally give consent to participate in sexual activity. Violation of the age of consent, by one or both partners, can result in serious sex crime charges that carry severe consequences.
Sexual Abuse Laws
In nearly all cases, the age of consent in Illinois is 17, which means engaging in sexual activity with a partner 16 or younger will result in a range of charges, from a misdemeanor to a felony, under the state’s sexual abuse laws.
- Charges for crimes ranging from sexual assault to first-degree rape may be applied.
- Sentencing may include jail terms of one to 50 years in prison and registration as a sex offender.
- In a case when the offender is in a position of authority or trust over the victim, such as a teacher, coach or clergyman, for example, the age of consent is raised to 18-years-old.
New Year Signals Start to Illinois Bail Reform Act
In the weeks leading up to the new year, counties throughout Illinois are preparing to implement the facets of a new law that should reduce jail overcrowding. Signed into law earlier this year, the Illinois Bail Reform Act was created with a goal of making it easier for those charged with minor criminal offenses to remain free until they are required to appear in court.
Defendants Now Have Options to Gain Release
Proponents of the new legislation indicated that the previous bail system unfairly detained the poor and indigent for relatively minor offenses. The new law is said to restore a defendant’s constitutional rights, and avoid serving time in jail prior to actually receiving a trial.
- Each defendant must have legal representation at their initial court appearance.
- No cash bail will be required for their release if the defendant is judged not to be a threat to the community.
Incidents of Carjacking on the Rise
While reports of gun violence, the opioid epidemic, and cyber crimes seem to dominate the news these days, occurrences of carjackings are on the rise in northeast Illinois. A violent crime that seems to have evolved from car theft now resembles more of an armed robbery or strongarm robbery.
By The Numbers
Once thought to be confined to high-crime neighborhoods, reports of carjackings are on the uptick in areas throughout Chicago. Since nearly 900 carjacking reports were made in 2007, carjacking reports slowly decreased to about 300 incidents in 2014. However, this type of crime has steadily increased to the point that the number reported through October of this year is nearly equal to all of 2016.
- 663 carjackings in 2016 was nearly a 100 percent increase over the previous year.
- The spike in carjackings accompanies an increase in nearly all categories of crime in the city.
Veterans May Qualify for Treatment Court
The justice system allows for a number of alternatives for offenders who, rather than serving jail time, can make amends for illegal behavior by taking part in a diversion program. One specific type of program is the Veterans Treatment Court, which was created to for those who served in a branch of the military who find themselves facing drug charges or a driving under the influence (DUI) arrest.
An Alternative to Incarceration
Set up similar to that of a drug treatment or mental health treatment court, the very first veterans court began hearing cases in 2008 in Buffalo, New York. These veterans courts have since been established throughout the country, including Illinois. These courts were designed specifically to hear cases involving United States veterans after it was determined that many offenses were the result of battles with Post Traumatic Stress Disorder (PTSD).
Illinois Drops Statute of Limitations on Child Sex Abuse Crimes
Except in cases of murder, treason, arson and forgery, among others, the prosecution of crimes is restricted by a statute of limitations. This law sets a time limit under which law enforcement and prosecutors have to charge a suspect with a crime. Illinois made a change earlier this year when legislation was passed and signed that eliminated the statute of limitations for sexual assault and abuse committed against children.
Reaction to Decades-Old Case Prompted Change
A once-prominent elected official from the state of Illinois had sexually abused high school students during his time as a teacher and coach in the 1960s and 1970s. When it was learned that he would only face sentencing for financial-related crimes, citizens urged their legislators to make changes to state law.
The result was a bill eliminating the statute of limitations for crimes of a sexual nature against children. Governor Bruce Rauner signed the bill in August of this year.
Facing Domestic Violence Charges in the State of Illinois – What You Need to Know
Individuals who are arrested on domestic violence charges often underestimate the impact that a conviction can have on their lives. Sadly, a mistake like this can have lasting and potentially even life-long repercussions. Learn more about the potential consequences of a domestic battery charge, including how it may affect you or your loved one, and discover what an experienced criminal defense attorney can do for you in a domestic battery criminal case.
How It Happens
Domestic battery charges usually stem from an argument that has been reported to the police. Sometimes it is one of the involved parties that calls. Other times, it is a neighbor or a passerby. Either way, law enforcement shows up and evaluates the situation. They typically talk to the involved parties, as well as any potential witnesses to the argument. If anyone appears to be injured, or if there is evidence to suggest that someone has been harmed, law enforcement may attempt to determine fault so they can make an arrest. If you happen to be the one that they believe started the argument, you will need a defense attorney that can fight against the impressions and judgments of the officers – someone who has your best interest in mind.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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