When we hear the term “domestic violence,” we usually think of violence between two people in a romantic relationship. And, in fact, the vast majority of domestic violence charges (almost 82 percent) are for violence between those who are currently in a romantic, intimate relationship or who were in a romantic, intimate relationship. That said, there are many other times when domestic violence involves family members rather than romantic partners.  
The incidence of domestic family violence increases when financial hardship, unemployment, lower education, drug and alcohol abuse, and an adult’s history of his or her own childhood abuse are…
Continue Reading Who Gets Arrested When Two Family Members Are Fighting?

Suppose you were involved in a one-vehicle accident when you were coming home from a bar late at night. EMS arrived before the police and took you to the hospital, where bloodwork was done. The police showed up at the hospital later and questioned you about the accident. While it was clear they assumed you were driving under the influence and asked for a breathalyzer test, the nurse came in at that moment and took you for an X-ray to determine whether your arm was broken.
After you were treated, your wife came to the hospital, checked you out, and…
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A landmark Supreme Court Case in 1968 – Terry v. Ohio – gave law enforcement legal permission to conduct a brief search without the need for probable cause. After this case, “stop and frisk” became alternatively known as a “Terry Stop.”  Stop-and-frisk allows police to detain an individual based on reasonable suspicion (a step below probable cause) and conduct a minimally invasive pat-down, usually for drugs or a weapon.
This pat-down is intended to determine whether the person in question is armed or engaged in or about to engage in some form of criminal conduct. In the context of a…
Continue Reading What Is a "Terry Stop" – And Is It Legal?"

Losing your driver’s license can make everyday life incredibly difficult, but getting behind the wheel without a valid license can lead to serious legal consequences. If your license has been suspended due to a DUI or another violation, you may be wondering, “Will I go to jail for driving on a suspended license?” The short answer is possibly, depending on the circumstances.
At Scott F. Anderson, Attorney at Law, we understand how frustrating it can be to lose your driving privileges. With more than 25 years of experience practicing criminal law as both a prosecutor and a defense attorney, our…
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A lot of people — especially young guys — think that running from the police is a good idea at the moment. Maybe you panic. Maybe you think you can actually get away. Or maybe you just do not want to deal with the hassle of an arrest. But running away from police is a move that can make an already bad situation much worse.
In Illinois, fleeing from the police can turn a minor situation into a serious criminal charge. Whether you are on foot or in a car, trying to get away from law enforcement can lead to…
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Being caught with illegal drugs anywhere in Illinois can result in serious consequences. If you were on school grounds or within 1,000 feet of a school when you were found in possession of drugs, you might face enhanced sentencing. Illinois schools, including colleges and universities, are designated drug-free zones. These laws are designed to make going to school safer for children and college students by minimizing drug activity near the school and on campus. However, not all drug activity within 1,000 feet of a school involves or threatens students. Many of those arrested for drug crimes on or near school…
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When someone goes to a hospital in Illinois and says that he or she has been raped in the last several days, the patient will be offered a sexual assault examination, commonly called a rape kit. A specially trained nurse known as a Sexual Assault Nurse Examiner (SANE) may be called in to help collect evidence while another nurse takes care of the patient’s medical needs. This evidence may or may not be turned over to law enforcement, depending on whether the patient is willing to talk to the police and press charges. If someone has accused you of…
Continue Reading The Role of a Rape Kit in Sex Crime Prosecutions

While cannabis is legal for adults over the age of 21 years old to possess and use in Illinois, it is not legal to drive while you are under the influence of THC. Some recent studies reported by the National Institutes of Health have found that cannabis use is not associated with an increased risk of causing a car accident. Anecdotally, you have likely heard others argue that they are, in fact, better drivers after consuming THC products. However, a large number of traffic accidents are attributed at least partially to cannabis impairment and it remains illegal to drive on…
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Sometimes, getting a traffic ticket is just an annoyance. If you have never had a ticket before, or it has been a very long time since the last time you were ticketed, you might not need to be too concerned about a simple speeding ticket or cell phone use violation. However, if you have had several tickets in the past five years, your driving privileges might be at risk. Too many violations can lead to a loss of license and increased insurance premiums when you can start driving again. More costly violations, such as speeding in a school zone, might…
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A new bill (Senate Bill 0098) recently introduced by Illinois lawmakers adds another layer of protection against sexual assault on school grounds. Under this bill, there would be a one-year expulsion policy for any student who commits sexual violence against another student at school or at a school-related activity.
While there are already laws in place that will expel a student for taking a weapon – including brass knuckles – to school, sexual assault has, to this point, been excluded. Those in favor of the new law say this is a school safety issue and will protect all…
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Violating an order of protection is a criminal offense. If you are subject to an order of protection, you must carefully abide by the restrictions listed in the order. It is very important to take the time to read through the entire order of protection so that you know what is expected of you. This means avoiding places where you know you are likely to encounter the protected party and avoiding any attempts at communicating with him or her. An experienced Arlington Heights, IL domestic violence attorney can provide specific guidance to help you avoid violating your order of protection…
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Becoming a sex offender can change everything about your life. You will face restrictions on where you can live, where you can go, and who you can be around. Issues with housing and employment are to be expected. Many find that the social scorn that comes with being a registered sex offender has the biggest impact on their daily life. If you have been accused of a sex crime, you need a highly experienced Arlington Heights, IL sexual offenses attorney to fight for you. An accusation is not a conviction, and there is a lot an attorney can do to…
Continue Reading What Restrictions Does Illinois Place on Child Sex Offenders?

As a general rule, Illinois employers cannot discriminate against current or prospective employees simply because an employee has a conviction record. However, an employer can take adverse action against an employee or applicant if the worker’s conviction is substantially related to his job duties or if a particular conviction legally disqualifies him from working in certain positions. People with criminal convictions who are able to maintain gainful employment have a much lower chance of being re-arrested than people who are unable to find work. Illinois’s law seeks to balance the need for people with past convictions to work with the…
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