Posted on March 24, 2022 in Uncategorized

Charges involving violence against another person are often prosecuted to the furthest extent of the law. Illinois is no exception. Any form of robbery is considered a felony under Illinois law. Robbery occurs when a person knowingly takes property from a person or in the presence of an individual by using or threatening force. Robbery charges can also be considered aggravated robbery if you indicate that you have a firearm or other weapon during the robbery. Robbery is a serious crime that can have serious consequences if you are convicted.

Basic robbery is classified as a Class 2 felony, which carries a minimum of three years and a maximum of seven years in prison and up to $25,000 in fines. In some circumstances, robbery can be charged as a Class 1 felony, which carries four to 15 years in prison. Aggravated robbery is always charged as a Class 1 felony.

Robbery Defenses

Most people would agree that a favorable conviction or sentence would be devoid of jail time. If you are arrested for robbery, you are not automatically guilty – you must be found guilty. Arguing for your innocence will likely include these common defenses to robbery charges:

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 Posted on March 16, 2022 in Uncategorized

Unfortunately, medical malpractice is a common occurrence in the United States. According to Johns Hopkins Medicine, medical negligence is the primary cause of death for more than 250,000 people each year. This puts medical negligence at the third leading cause of death in the United States, behind heart disease and cancer. Sadly, medical errors and negligence are usually preventable, meaning most of those deaths were unnecessary and at the fault of the doctor. One thing people can do after they or their family members experience an injury from a medical error is file a medical malpractice case. However, these cases can be complicated, so before you pursue a medical malpractice claim, here are four things you should know:

1. The Burden of Proof Lies Completely With You

In medical malpractice cases, the victim has the burden of proof. The physician does not have to prove that he was innocent; you and your lawyer have the responsibility to prove that the physician’s mistake was the reason that you suffered an injury. You must also demonstrate the actual losses you suffered because of the doctor’s error, such as additional medical treatment, disability, and pain and suffering.

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 Posted on February 28, 2022 in Uncategorized

If you are facing felony charges, it is important to make sure the court respects all of your constitutional rights. While even the best judges make honest mistakes, such errors can prove costly when you are facing the loss of your freedom and the permanent taint of a felony conviction. Therefore, a defendant should never hesitate to object - or in some cases appeal - when a judge fails to follow the law.

Murder Conviction Overturned After Judge Kicks Out Defendant's Grandmother

A recent Illinois case illustrates how a seemingly minor procedural error can be a big deal in a felony case. The defendant here was tried for murder. A jury convicted the defendant and the judge sentenced him to 100 years in prison.

The Illinois First District Appellate Court reversed the defendant's conviction and ordered a new trial. The reason is one that, on first glance, might seem odd. Before the start of any criminal trial a judge must select a jury. This is a process known as voir dire. Basically, lawyers for the state and the defendant get to ask prospective jurors questions and move to exclude any juror they feel may be biased.

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 Posted on February 09, 2022 in Uncategorized

A Chicago couple may continue their lawsuit against Uber after an appeals court in Illinois reversed the ruling of a Cook County judge. The couple was injured in 2014 in a chain of events that began when they were kicked out of an Uber vehicle near 44th Street and Homan Avenue in the Brighton Park neighborhood. The lawsuit seeks damages for the injuries the couple suffered as the result of being hit by a car while walking home from where the Uber driver left them.

A Quick Recap

In October 2014, the couple used the Uber app to request a ride home from the movies. They were picked up at the theater at around 2:00 a.m., but according to court documents, the Uber driver did not drive the proper route to the couple’s home. He allegedly made several wrong turns and ended up lost. When the couple tried to help by giving the driver directions, he reportedly got upset and kicked them out of the car prior to reaching their intended destination.

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 Posted on February 08, 2022 in Uncategorized

As Old Man Winter stretches his legs across the United States, cold temperatures and snowfall begin to appear in the weather forecast. While snow makes for a pretty landscape, it can be deadly for drivers. According to the National Highway Traffic Safety Administration, nearly 17 percent of all car accidents occur during times when winter weather conditions are present. Wintery roads bring about many dangers to drivers, such as slippery surfaces, snow, wind, black ice, and slush. Though weather conditions are out of drivers’ control, drivers are still responsible for their actions, especially when a traffic accident occurs. Here are a few ways you can be proactive this winter to help you avoid a car accident:

1. Make Sure Your Vehicle is in Good Condition: The first thing you should do when the cold weather rolls around is to perform a maintenance check on your vehicle or take it to a mechanic who can perform a check. It is a good idea to make sure all of your headlights, taillights, and blinkers are working. It is also a good idea to make sure your car battery is in good condition and has a decent charge. Be sure to check the tread on your tires and their air pressure.

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 Posted on February 04, 2022 in Uncategorized

This past January, the U.S. Department of Justice (DOJ) completed a formal investigation into the Chicago Police Department (CPD), specifically the misuse and overuse of force in ways that violate the civil rights of Illinois residents. The DOJ found there was "reasonable cause to believe" that CPD officers routinely took part in acts that "unnecessarily endanger themselves and result in unnecessary and avoidable uses of force." This was not the result of a few bad officers, the DOJ said, but rather a system-wide "failure to train officers in de-escalation and the failure to conduct meaningful investigations of uses of force."

IL Judges Reverse Battery Conviction of Man Tased Repeatedly by Police

There are many cases where police not only use excessive force, they turn around and charge the victim with a crime, such as assault and battery. Sadly, many of these victims-turned-defendants suffer from mental illness. The DOJ report noted that many law enforcement officers are not properly trained to deal with "complex situations" involving people with mental health problems and, as a result, the situation quickly escalates.

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 Posted on February 04, 2022 in Uncategorized

When you are charged with a crime, it can be an extremely scary experience. There is much uncertainty when you are involved with the criminal justice system, especially when it comes to how you are sentenced. Each crime is classified as to its seriousness, with the classification dictating what the sentencing guidelines are. However, there are certain circumstances in which those guidelines can be circumvented. This typically occurs when it is determined that there were aggravating factors present when the crime was committed.

Common Aggravating Factors

After you are convicted for a crime or you plead guilty, a hearing will then be scheduled for your sentencing. It is not until this hearing that you will know what your future holds as far as the consequences of the crime. The judge can impose the sentence that he or she sees fit for the crime that was committed. When certain aggravating factors are present, the judge has the option to impose stricter sentencing for the particular crime. There are a number of factors that could increase the severity of your punishment, but the most common factors include:

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 Posted on January 21, 2022 in Uncategorized

Gun ownership is not an absolute right in Illinois. A resident must obtain a Firearms Ownership Identification card (FOID) from the Illinois State Police in order to legally possess any firearms or ammunition. Anyone who owns or carries a gun without a FOID may face felony weapons charges.

Illinois' Armed Habitual Criminal Law

Certain classes of people are ineligible to receive a FOID. Notably, this includes individuals who have been previously convicted of a felony in Illinois or any other jurisdiction. In fact, if someone previously convicted of multiple felonies is found in possession of a firearm, he or she may face serious sanctions under Illinois law.

The crime of "armed habitual criminal" refers to the receipt, sale, possession, or transfer by anyone with two prior convictions for any of the following:

• A "forcible felony," including but not limited to treason, murder, criminal sexual assault, robbery, burglary, aggravated arson, and kidnapping;

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 Posted on January 20, 2022 in Uncategorized

For as long as government-issued identification cards have been around, fake IDs are sure to have also existed. Added security measures and other changes are constantly being made to ID cards in an effort to combat fraudulent or fake IDs, but that still does not stop some people from attempting to make them. Many times, crimes involving fake IDs are perpetrated by juveniles who are using the card for things such as purchasing alcohol. Some fake ID cards are nearly undetectable, but using one and getting caught can mean you will face quite a bit of trouble with the law.

Penalties for Crimes Involving Fake IDs

Illinois has strict laws and rather serious consequences when it comes to crimes involving fake IDs. Not only can you face criminal charges and penalties for the use, possession, manufacture and/or distribution of fake IDs, but you can also risk having your driving privileges taken away. The Secretary of State has the authority to suspend your driving privileges for up to one year or revoke your driving privileges for at least a year if you are caught violating laws concerning fake IDs.

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 Posted on January 20, 2022 in Uncategorized

The juvenile justice system was created with the understanding that children are different from adults, mainly because they have more of a chance of reforming their behavior before they reach adulthood. In 1899, Illinois was the first state to create a justice system for children that was separate than the one for adults. Though the juvenile justice systems of today are much different than they were 100 years ago, they retain the same idea - that the main goal is to educate the child and change their behavior, rather than punish them.

Even though there is a separate court for those who are under the age of 18, not all juvenile offenders are tried as minors. Many juvenile criminal cases are transferred to adult court, which works quite differently. If a prosecutor feels the need, they can request that a juvenile be tried as an adult, but the judge must consider a number of factors before this happens.

Age and Background of the Child

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