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Retail Theft Carries Serious Criminal, Civil, and Economic Consequences

posted on 3/17/14

Recently, the Chicago Tribune police blotter detailed the arrest of multiple individuals who were subsequently charged with retail theft. The instances and merchandise involved may seem minor, but those charged may quickly realize that retail theft is a serious offense with criminal, civil, and economic consequences that should not be taken lightly. Those convicted of the theft crimes may suffer damaging consequences, not only legally, but in their professional careers. Many employers turn away applicants who have retail theft convictions,...

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Dealing with the Realities of Divorce in Illinois

posted on 3/10/14

It is a bleak reality that an increasing number of marriages end in divorce. According to U.S. Census Bureau data, 2.4 million Americans divorced in 2012, continuing a three-year growth trend that experts attribute to an improving economy. That trend highlights difficult issues couples face when they decide to divorce, such as who gets what and who is going to raise the kids. Now that more Illinoisans have the right to marry, more Illinoisans also have the right to divorce,...

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Felony Murder: Self-Defense is No Defense

posted on 3/3/14

The penalty for first-degree murder carries the highest sentence for a single crime in the state of Illinois. It is also one of the many crimes that is subject to Illinois’ mandatory minimum statute, meaning that 20 years in prison is practically guaranteed to a convicted first degree murderer. If a gun is used in the murder, then the mandatory minimum jumps to 45 years as a result of penalty enhancements for gun crimes. Like all crimes though, murder is subject...

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Murder Charge Means At Least 20 Years…Unless It Doesn’t

posted on 2/24/14

It used to be that murder that could be proven beyond a reasonable doubt had one sentence: death. Illinois abolished the death penalty in 2011, following a 10-year moratorium on executions placed by then-Governor George Ryan. The death penalty still exists in a majority of states, however, and murder still fetches a long prison sentence in areas where the death penalty has been abolished. In Illinois, it is still possible to be imprisoned for the rest of the defendant’s natural life....

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Self-Defense: Your (Not Absolute) Right

posted on 2/17/14

We live in a dangerous world. Chicago in particular has a notorious history of crime stretching back to the days of Dutch Schultz and Al Capone. Turning on the morning news almost inevitably comes with stories about shootings, most notably on the city’s south and west sides. In these dangerous times, it is important to stay vigilant in avoiding situations in which one can become more susceptible to crime. Prudent pedestrians will avoid unlit alleys and walking alone at night....

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Domestic Violence Charges: Bad for the State, Bad for the Family, Bad for the Abuser

posted on 2/10/14

In the U.S. in general, and in Illinois specifically, there is a public policy in protecting children and families. This public policy has manifested itself in many ways, including favoring child support payments over spousal maintenance in divorce cases. One very important way in which Illinois serves this public policy is in the zealous protection of those susceptible to violence in the home, and the vigorous punishment of alleged abusers. To pursue the perpetrators of abuse, Illinois recognizes domestic battery as...

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Orders of Protection: Abusers Lose in Illinois

posted on 2/3/14

In Illinois and throughout the U.S., domestic violence continues to be a problem. In Chicago alone, though the first six months of 2013 saw a decrease in the number of domestic violence reports from the previous year, there were still over 20,000 reports of domestic violence incidents within the city. In the first half of 2013, 14 people were killed as a result of domestic violence, two of these being children. Regardless of the severity of the abuse, there is a...

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Miranda and Traffic Stops: What You Say Will Still Be Used Against You

posted on 1/27/14

With the speed limit laws changing, the new statewide ban on hand-held cellphones while driving, and holiday drinking leading to DUIs, traffic stops are on many people’s minds. Most adults have been or will be pulled over by the police at one point in their lives. It may be because the driver had legitimately broken one of the many traffic laws that are very easy to break. It may be because the driver was driving suspiciously, and the police merely...

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With Your Permission: Consent Searches and the 4th Amendment

posted on 1/20/14

The 4th Amendment guarantees one of the fundamental civil rights to all American citizens: the right to be free from unreasonable search and seizure. The drafters of the United States Constitution were afraid of a government that could freely, at will, search the home or the person of a citizen with no pretense other than suspicion. The U.S. Supreme Court has clarified the meaning of the 4th Amendment, stating that the general rule is that, to search one of the...

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New Laws Mean Stiffer Penalty for Super Speeders

posted on 1/13/14

Commuters who regularly use the Interstate Highway System can shorten their travel time just a bit in the coming New Year. Starting on January 1st, the speed limit outside of urban areas will be increased from 65 to 70 miles per hour (MPH), putting it in concert with neighbors Indiana, Missouri, Iowa, and parts of Kentucky.  Cook County and its surrounding five counties have been allowed to keep their 55 miles per hour speed limits, as well as Madison and...

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New Illinois Laws to Go into Effect New Years’ Day

posted on 12/30/13

A multitude of new laws will come into effect in the New Year, with grave consequences for Illinois residents who are caught unaware. Some laws, however, may ultimately be seen as beneficial for those looking for both justice and freedom. Here are just a few of the new laws arriving in January. Illinois Further Disincentivizes Cell Phone Use while Driving Currently, while texting and driving is a crime in Illinois, using a hand-held cell phone while operating a motor vehicle...

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Cocaine: The Reality and the Hope for the Future

posted on 12/23/13

Cocaine is a dangerous drug that has remained a problem for law enforcement and drug addicts alike since its heyday in the 1980s. The illicit drug was borderline legitimate, at one point gracing the centerfold of High Times, the magazine for marijuana enthusiasts. Numerous mainstream musicians and ensembles were writing about it, as well. The realization that everyone eventually came to though, was that cocaine is not merely a social drug, but instead a destructive, addictive substance that has caused...

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Heroin: Criminals are Often Victims

posted on 12/16/13

Of all illegal drugs, heroin is one of the most destructive. Readily available, extremely addictive, and increasingly inexpensive, heroin is a growing problem in Chicago and its surrounding counties. Previously only thought to be a serious issue in the inner city, use of the drug has spread to the suburbs, and the number deaths associated with heroin overdose has skyrocketed. Use of the drug is destructive enough, but Illinois law makes drug possession of even 15 grams a Class 1...

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Concealed Carry in Illinois… But Where?

posted on 12/9/13

Illinois will begin issuing concealed carry licenses to its gun owners on January 5th of the coming year. The number of prohibitions on where a concealed weapon can be carried reflects the restrictive stance on gun rights that Illinois has taken throughout history. Once you have completed your requisite training and application for a concealed carry license, there will still only be a few places in which you can legally carry a loaded firearm. Personal Car Under the current law,...

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Civil Liability for Shooting (or Killing) Someone in a Concealed Carry Circumstance

posted on 12/2/13

In early July 2013, Illinois became the last state to pass a law allowing some form of concealed carrying of firearms by private citizens. The Firearm Concealed Carry Act was spurred by federal court decisions which found the state’s previous ban to violate the constitution. Per the law, Illinois resident can begin submitting applications to receive a concealed carry license on January 5th. This marks a significant change in state law. Tens of thousands of Illinois residents will undoubtedly receive...

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