Posted on July 20, 2019 in Uncategorized

When a juvenile commits a felony crime such as murder, do they deserve to spend the rest of their life in prison? A recent Illinois Supreme Court decision says “no.”

The U.S. Supreme Court had already ruled in 2012 that mandatory life sentences for juveniles who commit murder are unconstitutional under the Eighth Amendment prohibition of cruel and unusual punishment. In 2017, the Illinois Supreme Court ruled that discretionary sentences of life without parole and de facto life sentences are also prohibited. The question remained, however, as to what length of sentence should be deemed an “in fact” life sentence. This question was recently addressed by the Illinois Supreme Court in the 2019 case of People v. Buffer, 2019 IL 122327.

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 Posted on July 17, 2019 in Uncategorized

When a juvenile is taken into police custody for violating the law, the police and state’s attorney can take one of two paths. They can reach an informal agreement at the police station with the juvenile and his parents, or they can file formal charges and take the case before a juvenile court judge. An informal disposition for a juvenile crime can take the form of a station adjustment or a probation adjustment.

How Does Illinois Define a Juvenile?

Under Illinois law effective January 1, 2014, a minor who commits a crime prior to his 18th birthday is treated as a juvenile and processed through the juvenile court system. A person may remain under the supervision of the juvenile courts until they reach age 21. There are two exceptions to this rule. First, violations of traffic, boating, and fish and game laws are handled by the adult courts. Second, a minor at least 16 years of age who commits a violent felony such as first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm will be prosecuted as an adult.

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 Posted on July 16, 2019 in Uncategorized

According to the CDC, approximately one in four women and one in seven men will be the victim of severe physical violence by an intimate partner in their lifetime. Many U.S states have increased penalties for crimes committed against intimate partners or family members. In Illinois, domestic violence domestic violence is prosecuted heavily. Those convicted of a domestic violence-related crime can face years behind bars and a lifetime of stigma. If you have been charged with domestic battery or another domestic offense, it is crucial that you understand the charges placed against you and the possible penalties you face.

When is Battery Considered “Domestic Battery”?

Although they are two different crimes, we often hear the term “battery” along with “assault.” This is because Illinois law defines assault as "conduct which places another in reasonable apprehension of receiving a battery.” Battery is defined as “conduct causing bodily harm to another person” or physical contact with another which is “insulting, provocative, or unwanted.” In order for a battery to be considered domestic battery, the alleged offense must be perpetrated against a family member or household member. In Illinois, domestic violence includes violence against a

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 Posted on July 13, 2019 in Uncategorized

It can be incredibly rewarding for those with a criminal past to leave their life of crime behind them – both literally and figuratively. One way to move on from past mistakes or false allegations is to have your criminal history cleared through an expungement. Even if your case was dismissed, the only way to officially remove the record of your arrest is through an expungement. Not all offenses, however, nor is everyone eligible for an expungement. Only those who meet certain state qualifications can have their records expunged. When the expungement process is complete, your criminal records are either physically destroyed or returned to you. The Expungement process also removes the defendant’s name from public criminal records.

Criteria for Potential Expungement

To request an expungement in Illinois, the arrest or the offense in question must meet certain criteria. Typically, only offenses that did not result in a conviction are eligible for expungement. Items that can be expunged include:

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 Posted on July 09, 2019 in Uncategorized

It is widely known that dogs have a much more sophisticated olfactory system that humans do. Their sense of smell is anywhere between 10,000 and 100,000 times better than that of humans, so it makes sense that dogs are used in a variety of different professions. Some of the most well-known working dogs are those that are used to help police officers detect and locate illicit drugs. It is not uncommon for police to use a drug-sniffing dog, during traffic stops but does that mean it is legal?

Fourth Amendment Rights

The biggest concern with the use of drug-sniffing dogs is infringing on individual’s rights given by the Fourth Amendment to the U.S. Constitution. The Fourth Amendment states that U.S. citizens have the right to be secure against “unreasonable searches and seizures” of their “persons, houses, papers and effects.” The Amendment also states that a warrant brought about by probable cause should be used to justify any search or seizure of their assets.

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 Posted on July 08, 2019 in Uncategorized

When your child gets arrested, it is normal to feel angry and upset. However, being too emotional can make it hard to communicate effectively with your child, the police, and your child’s lawyer. It is important to remain calm so that you can work effectively with your juvenile defense lawyer to obtain the best possible outcome for your child. If you have not worked with a lawyer before, four things you can expect from a juvenile defense lawyer are the protection of your child’s legal rights, simple explanations of the process, a thorough investigation of the circumstances of your child’s case, and appropriate recommendations for your child’s defense.

Protection of Your Child’s Legal Rights

The first thing your child’s lawyer should do is make sure you and your child understand your legal rights within the Illinois juvenile justice system. For example, your child has the same rights as an adult to remain silent and to have a lawyer at their side to counsel them during any questioning by the police or the state’s attorney. Your child also has the right to have a parent or other adult family member with them during questioning.

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 Posted on July 02, 2019 in Uncategorized

Illinois drivers who are caught driving under the influence of alcohol (DUI) are subject to an automatic suspension of their driver’s license. Failing a blood alcohol content (BAC) test will cause a first-time DUI offender to lose his or her ability to legally drive for six months through a statutory summary suspension. A DUI offender who refuses a Breathalyzer test or a person who fails a test for the second time will have their license suspended for 12 months.

However, there are a few ways you can regain your ability to drive after being charged with a DUI. One way is through a Monitoring Device Driving Permit (MDDP) and another is through a Restricted Driving Permit (RDP). Both of these permits allows a person convicted of a DUI to regain their ability to legally drive before the end of the license suspension. In order to qualify for either of these special permits, you must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle.

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 Posted on July 01, 2019 in Uncategorized

When you get in a physical altercation with someone, you could find yourself charged with misdemeanor battery, domestic battery, or felony aggravated battery. Having a violent crime like this on your record can cause you significant problems in the future. For example, a conviction for a forcible felony such as aggravated battery can prevent you from getting the professional license you need to work in health care, teaching, or a number of other fields. Employers may refuse to hire you for even a misdemeanor battery conviction.

Because the potential consequences of a conviction are harsh, you need to mount a strong defense against any type of battery charges or similar crimes against persons. But, what constitutes a strong defense? The key is not to rely on a single line of defense but rather to have multiple lines of defense.

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 Posted on June 21, 2019 in Uncategorized

In today’s digital age, it is easier than ever for a person to get their hands on a fake ID. What once took yourself or a friend “knowing a guy” can now be accomplished by a simple Google search. There are thousands of websites out there run by people claiming that they can make identification cards that are “scannable” and “will not get you caught easily.” Though it may seem easy to just purchase a fake ID off the internet, even just possessing a fake ID in Illinois can get you into a lot of trouble. In some instances, you can even find yourself facing felony charges and extensive fines for charges related to fake IDs.

Penalties for Fake IDs

In the state of Illinois, it is illegal for anyone to assist in obtaining, fraudulently obtain, possess, use, or distribute a fake identification card. Aside from any criminal charges you may face, the state of Illinois can also revoke your driving privileges for a minimum of one year or suspend your driving privileges for a maximum of one year if you violate any of the laws pertaining to fake IDs.

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 Posted on June 19, 2019 in Uncategorized

When an argument with your spouse or other family member gets out of hand, it is possible that criminal charges can be brought against one of you. A domestic battery conviction can have serious criminal penalties and life-altering consequences. If you have been charged with domestic battery, it is critical that you contact a criminal defense attorney with experience successfully handling domestic cases. A qualified lawyer can help protect your rights and work hard to defend against the allegations.

Illinois Domestic Violence Law

The term “domestic” generally refers to family members. You can be charged with domestic battery for alleged violence against a family or household member. According to Illinois law, domestic violence can occur between the following people:

• Blood-related family members;
• Family members by marriage or by prior marriage;
• Married and divorced couples;

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