Posted on October 23, 2018 in White Collar Crime

For young people in the 21st century, growing up under the influence of the internet and social media has resulted in different forms of bullying than in the past. Though cyberbullying is not new, it has continued to evolve as social media formats change. Internet usage among young adults has changed from IMing to DMing, from texting to tweeting, and from posting on Tumblr to selecting the best filter for an Instagram photo. Because the social media realm is ever-changing, new bullying tactics emerge as online trends change.

Cyberbullying can occur through messaging, social media sites, and gaming programs. The United States at large has recognized the problem of cyberbullying; however, laws and regulations change state-by-state. Illinois has taken actions to reduce cyberbullying and improve youths’ experiences in junior high and high school, and those accused of cyberbullying should work with a criminal defense attorney to understand their rights and legal options.

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 Posted on October 09, 2018 in Weapon Charges

Firearm safety and gun laws are hot-button topics in America due to the high number of shootings that have occurred over the last couple of decades. Though many are advocating for the tightening of gun regulations across the nation, it is difficult to accomplish this when gun laws differ so significantly from state to state and situation to situation. Firearm owners should be sure to understand their gun rights as an Illinois resident or non-resident in order to avoid the possibility of facing weapons charges.

Resident Rights

Obtaining the ability to legally carry and use a gun in Illinois is a fairly lengthy process. Residents planning to own firearms must acquire a valid Firearm Owners Identification (FOID) card. This is issued by the Illinois State Police after completing the application process and a required course. After receiving a FOID card and purchasing a gun, there is a 72-hour waiting period in order to earn possession of the firearm.

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 Posted on September 18, 2018 in Assault & Battery

Although assault and battery are two different charges, the two are very similar and can often be confused. Both crimes require intentional harm towards another person but they have different outcomes. The results of the two charges are also very different. Knowing the legal definition of the two charges can mean a world of difference if you have been involved in a violent crime.

Assault

The word "assault" can be deceiving to those not well-versed in the law. Being charged for assault is much different than most people think. No one has to actually be physically harmed in the process. Assault is all about intent, which can occur through words or actions. If something you said caused someone immediate fear of being harmed, you can be charged with assault.

For example, if someone threatens to shoot you while holding a fake gun, but you think the gun is real, you can charge the person for assault. Because you believed that their intent was violent, the charge is assault. The charge for assault is much more relaxed than battery since no harm was actually done. In Illinois, the criminal charge of assault results in up to 30 days in jail and/or up to a $500 fine.

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 Posted on September 04, 2018 in Criminal Defense

Hearing your child is on the path to juvenile detention can be a parent’s worst nightmare. Juvenile detention may be the adolescent alternative to incarceration; however, it does not make the situation any less concerning. Research has found that many offenders in juvenile detention have minor offenses and mental health issues, thus complete separation from their families and community is often ineffective and unnecessary. In order to avoid placing all youths into juvenile detention, diversion programs have been created as an alternative.

What Are Diversion Programs?

The purpose of diversion programs is to redirect youthful offenders from the justice system through programming, supervision, and supports. This is a way to avoid taking children away from their family and school community which often offers more help to individuals than being removed from their comfort zone. Diversion programs are often utilized by those who committed minor offenses. The idea is that becoming involved in their community, along with guidance from others, can help them learn how to become a positive addition to society.

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 Posted on August 07, 2018 in Criminal Defense

Robbery and burglary are two theft crimes that are sometimes spoken of interchangeably, but in reality, they are very different, at least under Illinois law. One is generally charged more highly than the other, but there are always exceptions. Either way, it is important to understand that each charge has very specific criteria that must be met if you are to be convicted. By knowing this, it may be possible to focus your efforts (that is, your attorney’s) on attacking specific pillars of the relevant charge.

Burglary Basics

Burglary is defined as someone entering into or remaining "without authority" in a building or vehicle (many types of vehicles qualify under the statute, including automobiles and boats, among others) with the intent to commit a theft or felony therein. The statute was just modified in recent years to include more areas than simply buildings (previously, only buildings were implicated in the law explicitly). It is important to keep in mind that while it is not enumerated in the law itself, the courts recognize residential burglary as somewhat more serious due to the nature of the crime, which is why it is usually charged as a Class 1 felony, while regular burglary is a Class 2 felony, which can in some cases be pled down to probation.

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 Posted on July 24, 2018 in Drug Crimes

Even as the status of some types of drugs, such as cannabis, has changed with advances in medical science, possession, and use of most street drugs remains a serious crime. Illinois, in particular, has raised the sentences for drug possession and distribution in recent years, which means that if you find yourself charged with such an offense, it can mean serious penalties upon conviction.

The Elements Are Clear

There are three major elements to a charge of drug possession in Illinois. Possession can be charged if one is caught with either the listed drug or a controlled substance analog, which has a chemical composition similar to any listed controlled substance (such as certain designer drugs, for example). The elements are: 1) establishing the substance in question as controlled; 2) showing the defendant knowingly possessed that substance; and 3) the substance was in that person’s possession (either actual or constructive possession qualifies).

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 Posted on July 10, 2018 in Criminal Defense

Many crimes in Illinois have their ‘aggravated’ counterparts, from assault to sexual abuse. However, there is routine confusion about what exactly makes a crime aggravated, and how it affects sentencing. If you have been charged with a crime, understanding the nature of such a charge can help you determine how best to attack the problem and ensure your side of the story is heard.

Definitions Vary

When one examines an individual crime, the circumstances that make it aggravated will obviously depend on the cause of action. For example, in Illinois, a domestic violence charge becomes aggravated if the behavior in question encompasses criminal acts against a minor, any kind of sexual abuse, or great bodily harm against any victim, but drug crimes become aggravated if drugs are made or transported to certain buildings. Yet the general definition of aggravation in such a context is any circumstance or factor that makes a crime more injurious but is not a step that is part of the offense itself.

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 Posted on June 21, 2018 in Weapon Charges

Illinois is a state that is very concerned with the appropriate regulation of firearms, having been the last state to legalize concealed carry and often making revisions to the relevant laws to increase safety. Because of this, the penalties for even a first firearms offense can be extremely severe. If you are charged with a firearms violation, it is imperative that you understand the nature of the allegations against you so that you can react accordingly.

FOID Cards and Concealed Carry Licenses

An Illinois gun license is known as a Firearm Owner’s Identification (FOID) Card, and one must possess one in order to lawfully own a gun. To obtain one, a person must submit an application to the Illinois State Police and show that they meet the relevant criteria (or do not - for example, no one who has been convicted of certain crimes of violence or been found mentally incompetent within the preceding five years may hold a FOID card). It is important to keep in mind that a FOID card is not the same as a concealed carry license, though it is a prerequisite to obtaining one. In other words, the mere possession of a FOID card does not allow you to concealed carry in Illinois.

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 Posted on June 07, 2018 in Criminal Defense

A large proportion of the general public has shoplifted in their lifetimes, either as very young children, as teens, or even as adults. However, while it may seem like shoplifting is a relatively harmless crime, Illinois law is structured in such a way that the taking of a relatively small amount of property can spiral into felony territory. If you or a loved one has been charged with retail theft, it is imperative that you understand the potential consequences before proceeding to trial.

Statutes Are Specific

Retail theft in Illinois is defined as taking possession of, carrying away, or causing to be transferred or carried away any merchandise from a retail establishment, with the intention of retaining it without paying full retail value for it. While this definition includes shoplifting, it also includes other practices like changing price tags and returning shoplifted items for store credit or cash. It also encompasses rental items and failure to return them.

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 Posted on May 25, 2018 in Drug Crimes

There is quite a lot of misinformation making the rounds regarding marijuana possession in Illinois. Medical marijuana is legal for certain specific conditions, and possession of small amounts has been decriminalized. However, possession of large amounts, as well as distribution or intent to distribute, are still very much criminal offenses, and if you are charged with one of these crimes, it can create significant problems for you.

Drug Possession Charges

Illinois’ Cannabis Control Act, though modified in 2016 to accommodate the Compassionate Use of Medical Cannabis Pilot Program Act (granting medical marijuana options to qualifying patients with significantly severe medical conditions), still allows stiff sentences for those caught with high enough amounts of marijuana or any of its derivatives. The general public policy of the state of Illinois is still to hold cannabis as a largely dangerous drug, and to that end, possession of large amounts is policed because of the deleterious potential harm to society as a whole.

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