Criminal

The nation looked on in horror as a protest in the nation’s capital turned violent and destructive last week, leading to a number of injuries and widespread damage to one of America’s most iconic buildings. Thousands of protestors gathered in front of the U.S. Capitol building in Washington, DC, on January 6 as lawmakers were assembled to certify the results of November’s presidential election. According to various news outlets, the protest turned destructive as hundreds of people managed to get past Capitol security and into the building itself. In the days that followed, authorities announced the filing of federal charges
Under Illinois law, there are three kinds of first degree murder. Intentional murder where you intend to kill or do great bodily harm to another knowing that your actions will cause death; Strong probability murder: Where you know your acts create a strong probability of death or great bodily harm; Felony murder: Where you kill someone while you are committing a forcible felony such as armed burglary (but not second degree murder). See 720 ILCS 5/9-1. To convict you, all three types of first degree murder require that you were acting without lawful justification. Therefore, if you can prove…
When you are behind the wheel, you are required to follow a multitude of different driving laws, and these are meant to protect the safety of everyone who uses the roads. Understanding these laws can not only reduce the chances of being involved in car accidents or other situations that put you or others in danger, but it can also help you avoid traffic violations. However, people often make mistakes, and you could find yourself being pulled over by a police officer and facing a traffic ticket for texting while driving or other violations. In these cases, you will…
Out of all of the crimes that you could be accused of committing, sex crimes are some of the most unforgiving and harsh offenses to face. Sex crimes, such as sexual assault, are some of the most underreported crimes ever, yet they still appear in alarming numbers across the country. According to FBI crime statistics, there were nearly 140,000 police-reported cases of rape and sexual assault across the country in 2019. Sexual assault is a serious crime and is punished accordingly in Illinois; however, charges can be elevated even more to felony charges in certain circumstances.  Sexual Assault According…
If you are apprehended by law enforcement for any criminal charges, including DUI, drug charges, assault, Internet sex crimes, or a wide variety of other criminal offenses, there are myriad ways that a police officer could fail to follow proper procedures during and after your arrest that could be used against the prosecution if your case goes to trial. Anything from use of excessive force to neglecting to read you your rights or corrupting the evidence collected at the scene, be it unintentionally or otherwise. However, in this age of the COVID-19 pandemic, even with the…
January 1, 2020, was a landmark day in Illinois since it marked the legalization of marijuana for recreational use in the state. Currently, marijuana is treated much like alcohol, in that adults over the age of 21 are allowed to possess and use certain amounts of the drug, but they are prohibited from driving while intoxicated. However, even though marijuana has been legalized, people should still be aware that violations of the state’s laws could lead to charges of drug possession or other criminal offenses. Potential Marijuana-Related Charges in Illinois Currently, Illinois residents over the age of 21 are…
If you are arrested for DUI when you are under age 21, you can face somewhat stiffer penalties than if you were older.  For one thing, the Illinois Secretary of State can revoke your driving privileges for at least two years for a first conviction.  Further, under Zero Tolerance, you can lose your license for at least three months if you are found to have any trace of alcohol in your system while operating a motor vehicle even if you were under the legal limit.  The investigating officer has the discretion whether to charge you with Zero Tolerance, DUI or…
People v. Colon, 225 Ill.2d 125 (2007) (loosing criminal case does not preclude being violated on the ptr) People v. Thoman, 381 Ill.App.3d 268 (5th Dist. 2008) (improper service of ptr kills jurisdiction – no tolling – personal service, summons or a warrant is required) People v. Martinez, 150 Ill.App.3d 516 (2nd Dist. 1986) (ptr […] The post Petition To Revoke Probation first appeared on IllinoisCaseLaw.com.…
It is normal to feel nervous before your appearance in court when you are facing criminal charges, especially if the case is being handled in federal court. It is important to prepare yourself for trial because judges will not take kindly to a defendant who is not acting in accordance with expected decorum or who comes unprepared. Preparing for a federal criminal trial requires prior planning, and working with an experienced attorney offers significant benefits. Here are a few ways you can get ready for your criminal trial: #1. Prepare Your Evidence One of the most crucial elements of…
There are a variety of situations in which a person may find themself facing criminal charges. These charges should always be taken seriously, since a conviction can result in multiple different types of penalties, including fines, jail time, probation, community service, and a permanent criminal record. Retail theft, commonly known as shoplifting, is an offense that can result in either misdemeanor or felony charges, and those who have been accused of retail theft should be sure to understand how Illinois law applies to their situation, the potential consequences they may face, and the best defense strategies against these charges.…
Beginning in early 2020, the state of Illinois legalized the sale, purchase, and use of recreational marijuana, effectively decriminalizing the substance in most situations. The Cannabis Regulation and Tax Act (CRTA) made it legal for most adults over the age of 21 to consume, sell, or purchase cannabis. The Act also contained important legislation detailing the process and timeframe for expungement, sealing, or pardoning of eligible marijuana-related criminal records. Now more than one year later, nearly 500,000 non-felony marijuana-related arrest records have been expunged. Expungement of your prior cannabis-related arrest records can have a very positive…
In the 1944 comedy, Arsenic and Old Lace, Cary Grant’s character, Mortimer, finds a body in the window seat. It turns out that Mortimer’s elderly aunts have been murdering lonely, old bachelors “to end their suffering” by serving them arsenic-spiked elderberry wine. Mortimer’s brother, Teddy, assists the aunts by burying the bodies in the basement. Teddy and the aunts eventually end up in an asylum. In real life, however, Teddy (and possibly Mortimer) could be charged with concealment of homicidal death, a Class 3 felony punishable by 3 to 7 years in prison. Furthermore, nothing in that law prevents Teddy…
You left your car at your friend’s house while you were out of town. You wanted the car moved every few days so you left him the keys.  While you were gone, the police stopped your friend in the car and asked to search it based on suspicion that it was involved in a crime.  Your friend said OK. The police found hidden drugs leading to your arrest. Can they do that?  The answer depends on the authority your friend had to consent to the search. To justify the search, the state must show that a reasonable person, in the…
The issue is not new and is, in fact, as old as the internet itself,  but sexually-based crimes committed on the internet have garnered more professional and social attention as of late. The most notorious internet sex crimes—and the most commonly perpetrated—are the production and dissemination of child pornography. There are, however, many other types of online sex crimes as well. For example, soliciting chats of a sexual nature from any vulnerable person, including a child or anyone who is unable to make the decision for him or herself, is considered an Internet crime. Inappropriate solicitation can take…
Opioid abuse and the abuse of other prescription drugs are at an all-time high in the United States. Pill mills are among the major sources of these drugs. As a result, federal and state agencies, as well as licensing boards have started cracking down on the prescribing of pain medications. In fact, facilities that work with the chronically ill are facing intense scrutiny, as are advanced practice registered nurses since they work under prescriptive delegation. This extra attention, though not always warranted, places the licensing status of nurses at risk. Learn more about the investigation process and how to protect
In Illinois, commercial drivers are held to a higher standard than most motorists. Similarly, commercial driver’s license (CDL) holders are also subject to more severe penalties when charged with a traffic violation, or when accused of driving under the influence. These penalties are notoriously harsh, so if you were recently arrested for driving under the influence in Illinois, it is important to speak with an Aurora CDL violations defense lawyer about your legal options as soon as possible. Suspension of CDL Privileges DUI cases in Illinois can be broken down into two separate phases: the Statutory Summary Suspension of a…