Posted on May 15,2017 in Criminal Defense

The Migration Policy Institute (MPI) estimates that approximately 28 percent of the current U.S. population is comprised of immigrants, both with and without documentation. Many people operate under the misunderstanding that once immigration status is achieved, it cannot be taken away. Thus, it may come as an unpleasant surprise to discover that this is not the case.  It is possible to lose one’s legal immigration status if convicted of specific crimes, or if convicted of crimes that speak to a negative character trait such as deceit. While most criminal lawyers are not well versed in immigration law, having one who understands the interplay between the two disciplines can mean the literal difference between life and death, in extreme cases.

Crimes That Establish Removability

While in theory, any crime may be enough for an immigrant to get the attention of Citizenship and Immigration Services (USCIS), there are two specific classes of offenses that render the perpetrator removable in most cases. Aggravated felonies and crimes of moral turpitude both essentially present an immigrant as unable to prove good moral character, which is a requirement for both lawful permanent resident status and citizenship. These crimes also render the person inadmissible because, with such an offense on their record, they would not have been granted a visa in the first place. If one is inadmissible, he or she will usually be issued an Order of Removal.

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 Posted on May 08,2017 in Traffic Tickets

At some point or another, even the most prudent of Illinois drivers will likely be stopped by a law enforcement officer for an alleged traffic violation. While some of these encounters will resolve themselves in a matter of a few minutes and result in a warning or a ticket being issued, other traffic stops can result in lengthy delays and, in some cases, arrests. In certain situations, however, such stops may be or may become illegal.

Understanding Illegal Traffic Stops

“Illegal” is a general and non-descriptive term when used to refer to traffic stops. An illegal stop can be one that is not permitted by law from the outset, or it may refer to a stop that started just fine but, as the stop progressed, violated some statutory or constitutional provision. Using this general definition, an “illegal” traffic stop may include a stop that:

• Is not supported by reasonable suspicion: Reasonable suspicion means that facts have given the officer more than a mere hunch that you committed, are committing, or are about to commit a crime. Reasonable suspicion can be established by the officer’s observations of your driving or by reliable tips provided by other motorists;

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 Posted on April 24,2017 in Violent Crimes

If you have been charged with any type of crime that may require you to register as a sex offender, you should understand what sex offender registration entails. Because registration is required for at least 10 years, and possibly for the remainder of the offender’s life, many people convicted of a sex offense believe that registration is the most onerous part of their sentence.

Convictions That Require Registration

Anyone convicted of a crime that Illinois law lists as a sex offense is considered a sex offender. All convicted sex offenders must register with the state’s Sex Offender Registry. Offenses that require registration upon conviction include:

• Possession of child pornography;
• Sexual assault;
• Aggravated sexual assault;
• Sexual abuse; and
• Aggravated sexual abuse.

Other, less common offenses could also require registration depending on the specific circumstances.

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 Posted on April 17,2017 in Drugs and Narcotics

If you have been charged with possession of cocaine, you could be facing serious penalties. While every case is different, courts tend to adhere to the penalty ranges set forth in the law. A qualified defense attorney can help you understand the applicable statutes and your available options.

Charges for Possession of Cocaine

Cocaine is considered a controlled dangerous substance (or CDS). The penalties for cocaine possession are generally determined by the amount of the drug recovered. Possession of cocaine is considered a felony and a conviction will result in severe consequences:

• For possession of fewer than 15 grams, a convicted person will face one to three years in prison and fines of up to $25,000.
• For possession of 15-99 grams, a convicted person will face four to 15 years in prison;

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 Posted on April 10,2017 in Criminal Defense

When you are arrested, charged with a crime, and released on bond, there are certain conditions that you must meet. If you fail to meet them, you could be charged with a bond violation. The following information can help you learn more about the consequences of this offense, how to avoid them, and what you can do if you are charged with a bond violation in the state of Illinois.

Who Sets the Requirements?

Before you are released, a judge reviews your case to determine if you are eligible for bond. This same judge also sets the amount of your bond and outlines what your requirements are while you are out on bond. This might include going to drug or alcohol counseling, undergoing regular drug or alcohol testing, checking in regularly with a person or group of people (or not contacting certain people). You will also be instructed not to leave the state, and may not even be permitted to travel more than just a short distance from your home. Further, you must appear for all your court hearings once you are released.

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 Posted on April 03,2017 in Criminal Defense

Some crimes—such as armed robbery, aggravated assault, or the possession of heroin—are clear to most people and carry criminal penalties that may be life-changing. Other offenses, may be less obvious but could still be extremely serious. In fact, seemingly minor misdemeanor charges such as those for disorderly conduct and the like can have consequences that affect the offender’s life for well into the future.

Disorderly Conduct Defined

Defining disorderly conduct, however, can be tricky, as there are several factors that may affect such a charge, and some of them can be rather subjective. Generally, a disorderly conduct charge can be filed if a person is acting in an unreasonable manner with the intention of disturbing or attempting to provoke a “breach of peace.”

False Reports

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 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.

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 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.

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 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.

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 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.

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