Posted on March 27, 2017 in Theft

Theft is a crime which can span the proverbial gamut in terms of gravity, at least in Illinois. From a minor retail theft offense to a Class X felony, theft charges can be a minor inconvenience or a life-changing mistake. Either way, if a person has been charged with a theft-related offense, it is imperative that they familiarize themselves with the potential consequences, but also with their rights and responsibilities in responding to such a charge. Misconceptions abound with regard to theft crimes, and if a defendant is not aware of the potential penalties for each charge, he or she may receive an unpleasant surprise upon sentencing, should it progress that far.

Types of Offenses

As you might expect, there are multiple theft charges specified under Illinois law with varying degrees of punishment in the form of fines, jail time, or both. The reason there are so many types of potential charges is that there are multiple factors that must be considered in each case—not only the market value of the property in question, but also the degree of physical harm inflicted (if any), and the intent and circumstances surrounding the taking. The statute specifically defines theft as taking property from someone else, without their permission, with the intent to use, conceal, abandon or otherwise deprive the original owner of the item. All these criteria must be met, as well as assessing the value of the stolen item and other relevant factors.

Continue Reading ››

 Posted on March 20, 2017 in Domestic Violence

As it perhaps ought to be, most people believe the accuser when charges of domestic violence are brought against a person. By not doing so, there is a risk of sanctioning significant harm to innocent victims. However, there are occasions when such charges are false, most often brought to attempt to impugn one’s character or otherwise take an opportunity away from someone. If you have been drawn into this unfortunate situation, it is vital that you take steps as soon as possible to attempt to clear your name.

Potentially Serious Consequences

Domestic violence in Illinois is defined very widely, encompassing “physical abuse, harassment … interference with personal liberty or willful deprivation,” and it applies not only to spouses but also to other household members. “Household members” include a diverse group of individuals such as current and former spouses and in-laws, as well as roommates, stepparents or stepchildren, and dependents including disabled family members. This wide net can assist true victims, but it can also make it easier for false accusations to be levied.

Continue Reading ››

 Posted on March 13, 2017 in Criminal Defense

The criminal justice system in Illinois was designed with two primary goals in mind. First, those convicted of breaking the law, in most cases, are provided with opportunities to rehabilitate themselves and turn their lives around. The second goal is punitive in nature, meaning that actions have consequences, and when a person commits a crime, he or she is subject to certain penalties which vary depending on the offense.

In some cases, however, a person may be convicted of a crime that he or she did not commit. A wrongful conviction can be tragic, as a lengthy prison sentence and other penalties can be devastating to the convicted individual and his or her family. But, as a recent case from Chicago demonstrates, being wrongfully convicted is not always enough to deter some people from a life of crime.

A $25 Million Settlement

In 1993, a 13-year-old was arrested, charged as an adult, and convicted for the gang-related murder of a 19-year-old man. In 2007, the case was reopened as witnesses came forward with new information. The boy—who was then in his mid-20s—was released from prison and his conviction was overturned. He subsequently sued the city of the Chicago and the police department, ultimately winning a $25 million verdict for police misconduct.

Continue Reading ››

 Posted on March 06, 2017 in Drugs and Narcotics

A total of 29 states have adopted medical marijuana laws and eight have legalized the drug for recreational use. Several others have also started to decrease the legal consequences for illegal possession of cannabis and related products. Illinois was one of the ones to recently join these ranks, bringing fairly substantial changes to the state’s approach to charges related to marijuana.

Small Possessions Considered a Civil Penalty

Last year, Governor Bruce Rauner approved the decriminalization of possession of small amounts of marijuana. Now, citizens found with up to 10 grams of the drug receive only a civil penalty, which is similar to a traffic ticket. Consequences include a fine of $100 to $200 per offense. In addition, citations are automatically expunged twice per year.

Overall, this is seen by many as a massive improvement on the previous law, which made possession of up to 10 grams of marijuana a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $1,500. Further, the charge also became part of the individual’s criminal record, potentially impacting his or her ability to find employment or housing. Expungement had to be pursued separately and was not automatic like it is now.

Continue Reading ››

 Posted on February 28, 2017 in Drugs and Narcotics

Drug addiction continues to be a serious problem in Illinois and across the United States. Unfortunately, many of the laws and measures that have been enacted in the so-called “War on Drugs” over the last few decades have focused primarily on harsh penalties for drug offenders. While there is something to said for creating deterrents to criminal behavior, a lengthy prison sentence or hefty fine is likely to do little to solve the underlying issue of addiction. With that in mind, states around the country, including Illinois, have developed programs designed to help non-violent, drug-addicted offenders kick their destructive habits and focus on rehabilitating their lives.

Mandating Treatment

One of the most effective programs for drug-addicted offenders is known colloquially as Drug Court. The program may have a more specific title in each of the counties in which it has been established, but most Drug Courts—especially in Illinois—are similar in their goals and procedures. The importance of such programs has escalated in recent years with the continued concerns over methamphetamines and resurgence of heroin abuse as a nationwide epidemic. Many addicts will only get treatment if they are somehow coerced into doing so, and subsequent to an arrest, that is exactly the intent of Drug Courts. In most cases, the results of coerced treatment are the same, if not better, than voluntary treatment, making a strong case for the continuation of such programs.

Continue Reading ››

 Posted on February 23, 2017 in Criminal Defense

Throughout the country, states and local jurisdictions have been looking for ways to help drug offenders turn away from a destructive lifestyle and toward becoming more productive members of society. Initiatives such as the Deferred Prosecution Program in Cook County have shown great promise in rehabilitating non-violent offenders while helping them avoid lengthy prison sentences and other harsh criminal penalties. This week, a program with similar goals in a neighboring county began seeing results, as Will County Adult Redeploy Illinois recognized its first graduating class.

Adult Redeploy Illinois

Created as a diversion program for non-violent offenders, Adult Redeploy Illinois (ARI) was established by legislation in 2009 based on a similar program that has been used in the Illinois juvenile justice system for a number of years. The aim of ARI is to reduce the number of offenders being sent into the state’s prison system and to ease the associated burden on taxpayers.

Continue Reading ››

 Posted on February 13, 2017 in Criminal Defense

When you have been charged with a crime—especially a non-violent crime such as drug possession—a criminal defense attorney will do everything he or she can to help you avoid a conviction. In some situations, however, the circumstances and the evidence against you may simply be too much. Or perhaps you really did possess illegal drugs or otherwise committed the crime of which you have been accused. While such a situation may seem hopeless, nothing could be further from the truth. There are several options that may be available to help minimize the penalties associated with your prosecution. One of the most common ways of reducing a sentence is by reaching a plea agreement with prosecutors.

What is a Plea Bargain?

A plea bargain or plea agreement is the result of a series of negotiations between prosecutors and a criminal defendant—usually handled through his or her attorney. In many cases, the negotiations also include a judge who has the authority to approve alternative sentencing options in advance. When developing a plea agreement, prosecutors will generally offer to lessen the defendant’s sentence by reducing the number or severity of the charges against the individual. Sometimes, a plea deal will even allow the defendant to participate in deferred prosecution or other diversionary programs instead of receiving a standard conviction and sentence. In return, the defendant will usually need to plead guilty or no contest to the agreed upon charges.

Continue Reading ››

 Posted on February 06, 2017 in Drugs and Narcotics

In 2013, Illinois lawmakers—led by State Representative Lou Lang, D-Skokie—passed legislation to create an experimental medical marijuana program in the state. The Compassionate Use of Medical Cannabis Pilot Program Act was signed by then-Governor Pat Quinn so that state officials could determine the effectiveness of allowing marijuana to be used in the treatment of certain illnesses and ailments. Supporters of the program were excited by the idea that eligible patients could get relief without fear of prosecution on charges related to the possession or consumption of marijuana.

Good Intentions

As a pilot program, the initial medical marijuana measure contained a sunset clause, meaning that the law would automatically be repealed four years after it went into effect on January 1, 2014. If the program was a success, new legislation would be needed to make it permanent.

Continue Reading ››

 Posted on January 30, 2017 in Theft

When you think about shoplifting, there is a good chance you picture an individual surreptitiously sneaking an item or two under his or her jacket or into a handbag. This type of retail theft certainly does occur and retailers lose billions of dollars each year to small-time shoplifters. Sometimes, however, shoplifting can be a much bigger operation—even rising to the level of organized crime. Such was the case involving a seemingly well-to-do couple living on Chicago’s North Shore, as they were recently sentenced in federal court for running a large-scale retail theft ring.

Federal Investigation

According to court records, federal authorities followed the couple as they, along with their children, embarked on a four-day, multi-state stealing spree. The couple reportedly went into stores like Toys R Us, Barnes & Noble, and Starbucks, coming out with the wife’s dress “seemingly bursting at the seams,” as she attempted to hide stolen merchandise. The husband, wife, and their eldest daughter were arrested in March of 2014. In 2015, they reached a plea agreement with federal authorities in which they admitted to stealing more than $9.5 million in merchandise over the last 12 years.

Continue Reading ››

 Posted on January 27, 2017 in Theft

Shoplifting, along with other forms of retail theft, cost retailers billions of dollars each year. It is perfectly reasonable for retail companies to take serious measures in protecting themselves from these types of losses. Sometimes, however, overzealous store personnel can focus their attention on the wrong individuals—people who have done nothing but come into the store to shop. A recent example in the Chicago suburb of Algonquin demonstrates how problematic false accusations of shoplifting can be, especially when social media becomes involved.

Targeting a 12-Year Old

Late last month, a 12-year-old girl and her 13-year-old friend were dropped off at the Target location in Algonquin, Illinois, to do some Christmas shopping. According to reports, the girls walked around the store for about an hour and a half, and each of them bought a few things. The girls say that a little while after they made their purchases—while they were waiting for their ride—store employees began following them. The 12-year-old told news outlets that one the employees accused them of shoplifting and told them to put back the items in their bags.

Continue Reading ››