Despite numerous procedural safeguards, juries do not always return fair verdicts in criminal cases. For that reason, juries do not have the last say regarding criminal convictions. Generally, all criminal defendants have the right to appeal the judgment and accompanying sentence. The appellate procedure varies according to the type of plea: i.e., a plea of not-guilty, a plea of guilty or a negotiated plea of guilty. Appealing a Judgment and Sentence after Pleading Not Guilty When a defendant is found...

The Fourth Amendment guarantee against unreasonable searches and seizures is not clearly defined. Nowhere in the text did the framers explain what exactly constitutes a “search” or “seizure”–or even what makes such a search and seizure “unreasonable.” Over the years, the U.S. Supreme Court and other federal courts have filled in the blanks and ascribed meaning to these terms, including when police actions do and do not violate the amendment’s warrant requirement. For example, given the exigent circumstances, it is...

Social networks like Facebook, Instagram, LinkedIn, and Twitter allow users to forge valuable digital connections and serve as convenient outlets for sharing family photos, special events and other information. However, active participation on social media can also be damaging in certain situations, particularly when you are in the middle of a divorce or any civil or criminal case. (Negative posts can even affect your chances of getting into college.) Here are three ways that social media activity can negatively affect...

Tis the season for online holiday shopping, but tread carefully. While Internet shopping is often more convenient than visiting traditional stores, anonymous website hosts and illegal online marketplaces also make it more dangerous. In 2013, federal law enforcement took down the Silk Road, an online black marketplace (used primarily to purchase and sell illegal drugs) that allowed users to browse anonymously. Silk Road 2.0 launched on November 6, 2013, but one year later, it, too, was shuttered. Bitcoin exchanges were...

With the holiday season in full swing, this season heralds department store displays, special holiday programming, and unique family traditions. And for some families, it also heralds the return of college-aged children with insatiable appetites (and laundry!) in tow. That insatiable appetite often includes an appetite for alcohol, which might be difficult to curb during the holidays–especially when surrounded by opportunity and indulgent adults. Remember, though, that it is a crime to indulge in, and to permit, underage drinking. Underage...

In September, Minnesota Vikings’ running back Adrian Peterson was indicted on felony child-abuse charges for hitting his son with a switch. He recently agreed to a plea bargain reducing the charges to a misdemeanor charge of reckless assault. Peterson, whose future NFL career is uncertain, will perform community service and pay a $4,000 fine. This recent case sparked a heated debate about the use of corporal punishment on children. According to a recent report issued by the Brookings Institution, 81...

There are many things to consider before you get married, including whether to sign a prenuptial agreement. A prenup (also known as a premarital agreement) is a contract between you and your future spouse that takes effect when you marry. It is essentially an agreement that discusses how assets will be divided upon separation or divorce. The Prenup Entering into a prenup is not the right option for every couple. Some might fear that a prenup sends a message that...

Illinois law permits the Secretary of State to suspend or revoke a driver’s license for various reasons, including for driving under the influence (DUI), failure to pay child support and having five or more toll way violations. Other offenses that may result in suspension or revocation include: Automated traffic violations – If you are photographed running a red light five or more times and you fail to pay the subsequent fines; Failure to appear – If you fail to appear...

For better or for worse, we may spend too much of our lives on social media: Facebook, Twitter, Instagram, Pinterest and numerous platforms that allow us to share our ideas, photos and personal thoughts with the world. While there are benefits to forging such electronic connections, there are also consequences. For example, the more we share on the Internet about our personal lives, the more vulnerable we become to cyberstalking. Cyberstalking is a serious offense. It is a Class 4...

Until last year, Illinois defined marriage as a union between a woman and a man. The marriage equality bill that Governor Pat Quinn signed in 2013 became law on June 1, 2014. Now, gay couples have the same right to marry as straight couples. That right affords benefits that were once out of reach. While same-sex couples already had the right to enter into civil unions in Illinois, the right to marry came as a personal – and financial –...

Have the privacy protections guaranteed by the U.S. Constitution disappeared in the current digital age? If you are active on such social media platforms as Facebook and Instagram, you might harbor some doubts. However, you can rest assured that at least some of your technological activity is protected. In June, the U.S. Supreme Court unanimously ruled in Riley v. California that the police must obtain a warrant before they can search an arrestee’s cell phone. Chief Justice John Roberts wrote...

Conventional wisdom understands that driving under the influence (DUI) is a risky endeavor. Not only does it endanger the lives of you and everyone around you, but it also carries criminal penalties. A person convicted of a DUI in Illinois could face jail time, a monetary fine, and a loss of driving privileges. If you are a repeat offender, or if your actions resulted in another person’s injury or death, the penalties increase. There are also collateral damages that result...

Driving under the influence (DUI)–whether of alcohol, illegal drugs or a different intoxicating substance–is a serious offense that carries consequences. Aside from possible criminal charges, you could also lose your driving privileges. If you are pulled over for a moving violation in Illinois with a blood alcohol content (BAC) of 0.08 percent or higher, the officer may immediately suspend your driver’s license. The officer may also suspend your license if you refuse to take a chemical test. This is called...

Illinois recently enacted a law that will simplify the process for determining alimony–the amount of money one spouse pays to the other after a divorce or separation. Before the change, a judge would determine the divorce alimony (or maintenance) payments based on multiple factors, including: Each spouse’s income and assets; Each spouse’s present and future income earning capacity; Whether one spouse’s future employment opportunities might be impaired because he or she delayed his/her own education or employment for the spouse,...

Encounters with the police can be intimidating, even when you have done nothing wrong. Whether the police are investigating a crime scene or patrolling a neighborhood, remember that they are simply doing their job. Nevertheless, it is important to understand your rights. For example, just because an officer has the right to ask you questions does not mean you have a duty to answer them. Or just because an officer has the right to knock on your door does not...