In the 1959 film Anatomy of a Murder, small-town lawyer Paul Biegler (James Stuart) agrees to defend troubled Army Lieutenant Fredrick Manion (Ben Gazzara) when Lt. Manion is charged with murdering a man who may have been his wife’s lover. After a consultation, Mr. Biegler tells his client that there are four possible murder defenses: ‘it wasn’t you, it wasn’t murder, it was justified, or there was an excuse.’ Justification and excuse are both affirmative defenses in homicide cases, and...

After the judge enters temporary support and custody orders, the parties in civil cases, including divorces, usually begin discovery. This is essentially the evidence-gathering process in these matters, and both parties are obligated to share information with each other. In a few cases, discovery is rather informal and may involve little more than exchanging W-2s and paystubs. But in most cases, there are assets to divide and debts to apportion. There may also be telltale signs that one spouse is...

Many people still remember the sensational O.J. Simpson double murder trial that occurred in the 1990s. Although he was exonerated of the crimes in criminal court, a civil jury subsequently ordered Mr. Simpson to pay over $33 million in damages to the families of Nicole Brown Simpson and Ronald Goldman. In criminal court, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt, a standard that requires a high degree of certainty. But in a civil personal...

One of my early mentors once remarked that if he could only change one thing in the law, he would replace the “guilty or not guilty” labels with “proved or not proved.” Most court cases are based on evidence as opposed to a subjective view of right and wrong, and criminal cases are no exception. Therefore, one of the best ways to prevail at trial is to limit the amount of evidence against the defendant, and pretrial motions often accomplish...

Some local activists contend that changing to the concealed carry law is one of the best ways to reduce the amount of violent crime in Chicagoland. Lee Goodman, Nancy Goodman, and about two dozen other people descended on downtown Glencoe recently to convince local business-owners not to allow people to carry guns into their stores; the Goodmans and their fellow activists argue that a no-guns sticker in the window cuts down on accidental shootings, as well as so-called “rage shootings”...

When the Constitution was written, most criminal cases were disposed of via jury trial. So, to placate opponents who pointed out that there was no relevant protection in the original Constitution, the Founding Fathers quickly added the Sixth Amendment. In addition to a jury trial guarantee, this provision also guarantees some other important rights, like the right to directly confront accusing witnesses and the right to counsel. But about 100 years later, in the late 1880s, plea bargain agreements began...

In most cases, medical providers have a duty to report medical conditions that might affect one’s ability to drive, like epilepsy or the loss of use of a hand or arm, to the Secretary of State. Theoretically, drivers can sue the providers if they over-zealously report such incidents, but these actions are almost impossible to win and very rarely initiated. On the other hand, providers may face criminal penalties for failing to report such incidents. Moreover, if the driver causes...

Federal prosecutors hope that a sensationalistic visual aid, a well-told story, and clever alliteration will bolster their case against an alleged local drug dealer. 33-year-old James Triplett was among 42 people indicted in a drug sweep operation that centered on the West Side’s North Lawndale area. In a 200+ page complaint, government lawyers charge that “Trell” dominated the area drug market, but the case against these defendants may be built on style rather than substance. Prosecutors included a blown-up surveillance...

Most of the approximately twelve moves that people undertake in their lifetimes are job-related. Furthermore, a career change often means a dramatic up or down income change. Divorce papers do not automatically change when life events occur, so even if your income is half what it was before, the Division of Child Support Services will penalize you for not paying the ordered amount. When it comes to child visitation, many parents erroneously rely on informal non-court modifications which may be...

In 2014, peace officers throughout the state responded to more than 65,000 distress calls stemming from relationship violence, and that figure may only be a fraction of the actual number. When home life becomes dangerous, victims need immediate assistance to prevent the situation from deteriorating even further. At the same time, unproved or frivolous complaints often make it difficult or even impossible to obtain a reasonable visitation/custody decree and result in many other hardships. The bottom line is that both...

Authorities in Will County seized more than 800 cannabis plants that were growing in the ground in Beecher, a small village located south of Chicago. Officers belonging to the multi-jurisdictional Kankakee Area Metropolitan Enforcement Group descended on the area after receiving a tip from the Illinois State Police. In addition to 812 plants, officials seized equipment and tools that may have been used in cannabis plant production and therefore may qualify as drug paraphernalia. Investigators are working to determine who...

When Ronald Reagan ran for governor of California in 1967, he ran on a very conservative platform with promises like “cleaning up the mess at Berkeley” and “putting welfare bums to work.” But shortly after taking office, he signed one of the first no-fault divorce laws in the United States. Prior to that moment, divorces in California and most other states could only be granted based on adultery, cruelty, abandonment, or some other marital fault. Some people believe that Governor...

DUI conviction almost always results in drivers’ license revocation. Drivers who can demonstrate that they have a hardship – meaning that they must drive to and from school or work, to care for dependents, to and from doctors’ appointments, etc. – are eligible for a restricted driving permit which allows them to drive under designated circumstances with vehicles that are equipped with interlock ignition devices. All drivers, whether or not they have RDPs, must apply for reinstatement after the minimum...

Owners do not have a reasonable expectation of privacy in computer IP addresses, according to a decision from the Seventh Circuit Court of Appeals. United States v. Caira is binding in Illinois and several other states, unless and until the Supreme Court of the United States rules otherwise. Facts Around 2008, the Drug Enforcement Agency learned that someone tried to buy sassafras oil – which is a component in ecstasy – with gslabs(at)hotmail(dot)com from a website in Vietnam. After issuing...

For better or worse, bicyclists in Chicagoland now have the same rights as motorcyclists, truck drivers, and all other motor vehicle operators, thanks to House Bill 5192. Rep. Anna Moeller (D-Elgin) sponsored the measure, and a local attorney helped draft it. In its final form, H.B. 5192 is much more of a clarification of existing law as opposed to something new because the Vehicle Code already says that bicyclists have the same rights as motorists. Calls for change came after...