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Pot Possession is Still Illegal in Illinois

posted on 11/4/16

Even though social attitudes are changing and many jurisdictions, including Illinois, have at least partially legalized cannabis, marijuana arrests substantially outpace violent crimes arrests, according to a recent study. The American Civil Liberties Union/Human Rights Watch study concluded that there are currently 14% more marijuana arrests than violent crimes arrests. Moreover, while violent crime arrests have dropped precipitously in recent years, the gross number of marijuana arrests increased by 13%. Black defendants are apprehended at substantially higher rates than white...

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Man With Concealed Weapon Foils Criminals

posted on 10/30/16

A gun owner fatally shot a 23-year-old man in Chicago, apparently during a robbery attempt. A 32-year-old man, whose name was not released, told police that he and a friend were sitting in their car on South State Street when two armed men accosted them and demanded money. The man, who had a valid concealed carry license according to Chicago Police Department Officer Ana Pacheco, shot one of the men in the head. 23-year-old Tramel Gray, of Flossmoor, was pronounced...

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Paternity in Illinois: Strengthening Emotional Bonds by Creating Legal Ones

posted on 10/30/16

In a bygone era, most households included only a married mother and father - who had never been married to anyone else - and their pure biological children. That notion of a family has evolved over time, and in 2014 the Census Bureau reported for the first time that most children live in “experienced family law attorney in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.

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Carrying a Concealed Weapon and Self-Defense

posted on 10/23/16

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...

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Discovery in Divorce Actions

posted on 10/23/16

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...

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Civil Liability in CCW Cases

posted on 10/15/16

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...

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Pretrial Motions in Criminal Cases

posted on 10/15/16

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...

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No Guns Allowed?

posted on 10/6/16

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”...

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Resolving a Criminal Case

posted on 10/6/16

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...

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Too Sick to Drive

posted on 10/2/16

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...

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Waiting in Line to Buy Heroin?

posted on 10/2/16

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...

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Modifying Family Law Orders in Illinois

posted on 9/22/16

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...

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Protective Orders in the Prairie State

posted on 9/22/16

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...

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Large Marijuana Seizure South of Chicago

posted on 9/18/16

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...

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Whose Fault Was it?

posted on 9/18/16

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...

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