Understanding Assault and Battery in Illinois

 Posted on March 25, 2015 in Criminal Defense

Despite being among the most common violent crime charges in the country, many individuals would be unable to explain exactly what allegations of assault or battery entail. Adding to the confusion is the fact that many cases may include charges of one, the other, or both, and the terminology used may not exactly have the same meaning in everyday conversation. Charges for assault and battery can be extremely serious, particularly so in cases involving aggravated assault or aggravated battery, and a qualified criminal defense lawyer can help you make sense of the situation.

Assault and battery can each represent separate offenses to a person charged with a violent crime; however, the legal definition of assault relies directly upon the definition of battery. Contrary to the conventional order in which the terms are typically listed, an individual should first have a clear understanding of battery.

Battery and Aggravated Battery

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Hundreds Arrested in Illinois Prostitution Sting

 Posted on March 20, 2015 in Sex Crimes

A nationwide operation to reduce sex-trafficking concluded last month, resulting in the arrest of nearly 600 would-be buyers, or “johns,” and promoters of prostitution. The sting was coordinated by Cook County Sheriff Tom Dart, and utilized the cooperation of nearly 40 law enforcement agencies across 17 states.

Super Sunday Finale

The so-called “National Day of Johns Arrests” effort began in mid-January and concluded on February 1, coinciding with Super Bowl Sunday, a connection emphasized by Sheriff Dart. “It’s particularly meaningful that this sting culminated on the day of the Super Bowl, which unfortunately has emerged as a prominent haven for sex-trafficking,” he said. While the timing may be attention-grabbing, prostitution and sex-trafficking remain a problem year-round for many communities.

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Understanding Drug Trafficking Charges

 Posted on March 18, 2015 in Criminal Defense

With many states around the country beginning to loosen their statutes regarding the medicinal or recreational use of marijuana, both remain illegal and subject to prosecution in the state of Illinois. The penalties for a marijuana conviction in Illinois range from a slap on the wrist to years in prison, depending on the circumstances surrounding the crime. While simple possession carries a maximum penalty of 30 days in jail, a trafficking conviction may result in a 30 year prison sentence. Trafficking charges are further complicated by the fact that they may bring you within federal jurisdiction, facing imprisonment in a federal prison. For this reason, trafficking charges should be handled with a comprehensive and aggressive defense.

What is Drug Trafficking?

Transporting a large quantity of illegal drugs for the purpose of selling, distributing or delivering is referred to as drug trafficking. The term generally conjures thoughts of highly organized drug cartels, using ships and airplanes to traffic drugs into the United States. While these circumstances do meet the definition, most trafficking cases are far less dramatic and involve individuals who probably don't even consider themselves traffickers.

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The Abuse of Domestic Abuse Laws

 Posted on March 13, 2015 in Criminal Defense

It is hard to deny the importance of strict domestic violence laws. It is a problem that continues to thrive despite various efforts at education and prevention. Laws and regulations are necessary to protect men, women and children from the abuse that can come from those closest to them. Unfortunately, these necessary laws are often abused and manipulated to punish innocent people. The allegations of a family member are taken as truth, without adequate investigation or trial in a court of law. When this occurs, innocent people are unfairly subjected to legal processes that restrict their liberties, making the assistance of an experienced attorney vital from the very first allegation of domestic abuse.

Illinois Domestic Abuse Laws

The Illinois Attorney General describes the state's definition of domestic violence as a situation where an individual is “hit, choked, kicked, threatened, harassed or had their liberty personal liberty interfered with by a family or household member.” Abuse also includes incidents where children are forced to watch acts of abuse, as well as incidents in which disabled individuals are denied access to necessary care. To fully understand the breadth of this law, it is important to consider the legal definitions of family member or household member, which are much broader than the traditional meanings. The state of Illinois classifies the following relationships as family or household members:

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Mortgage Fraud: The “Straw Buyer” Scheme

 Posted on March 11, 2015 in Fraud

Mortgage fraud became a widespread problem during the real estate boom. Though the frequency of incidents subsided after the industry's crash, mortgage fraud continues to plague the housing market in the United States. In response, several federal agencies maintain task forces to investigate, identify, and prosecute suspected fraud schemes. Their efforts lead to widespread arrests and prosecution.

Facing mortgage fraud allegations is serious and the possible consequences include imprisonment, large fines and loss of property. The stakes are high and individuals accused of these offenses should secure the services of an experienced attorney early in the process.

What is a Straw Buyer?

One common type of mortgage fraud utilizes a "straw buyer". The straw buyer purchases real estate on behalf of another person. In real estate, this chosen person is generally someone with enough credit and financial stability to successfully qualify for a mortgage loan and purchase the property. The use of a straw buyer does not automatically trigger illegal activity. It only becomes criminal when the purchase is made on behalf of someone who is legally not allowed to make the purchase for himself.

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Defending an Aggravated Fleeing and Eluding Charge

 Posted on March 06, 2015 in Criminal Defense

When a law enforcement officer orders an individual to stop, most people follow the command without hesitation or conflict. However, the situation sometimes arises where a person attempts to leave the scene of the attempted stop, either with purposeful intent or out of an innocent misunderstanding. Regardless of the reasoning, a conviction under this charge can carry significant consequences, making a viable defense extremely important. An experienced attorney can help you put forth that viable defense.

Under Illinois state law, an individual commits the crime of fleeing and eluding if:

• The party was the driver or operator of a motor vehicle;

• The law enforcement officer gives a visual or audible signal to the individual; and

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Medicare Fraud Charges Can Mean Big Trouble

 Posted on March 04, 2015 in Criminal Defense

Medicare fraud is a serious allegation that can affect your liberty, your finances, and your future business opportunities. A conviction of this federal offense can result in an extensive prison sentence and millions of dollars in fines. A recent Illinois case resulted in a sentence of 70 months in prison and more than $1.5 million in restitution payments for fraudulent psychotherapy claims. Another Illinois case resulted in a 10-month prison sentence and $40,000 in fines for a local surgeon.

In addition to the criminal and civil penalties, Medicare fraud cases frequently make the news and negatively affect the reputations of those involved. Your professional license may be suspended or revoked. Additionally, patients or clients may choose to go somewhere else for services. All of these consequences highlight the importance of putting forth a viable defense to Medicare fraud charges. Federal Medicare Investigations In 2007, a multi-agency collaboration resulted in The Medicare Fraud Strike Task Force. The goal of the initiative is to investigate and prosecute instances of fraudulent Medicare billing practices using data analysis and community presence. The organization recently began focusing its attention on Chicago, among other large cities. The Task Force uses local and federal law enforcement to prosecute accusations of fraud. Since its creation, more than 1,400 defendants have been convicted and penalized, which accounts for more than $4.8 billion in Medicare insurance claims. Some common Medicare fraud claims include:

• Charging for services that were not actually performed;

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The Serious Consequences of an Arson Charge

 Posted on February 25, 2015 in Uncategorized

Arson is a particularly violent offense with potentially devastating effects on life as well as property. In the state of Illinois, possible charges related to the crime of arson are plentiful. They address the preparation involved in committing the offense, along with the actual act and resulting losses. According to recent reports, officials in Marissa, Illinois are dealing with a series of arsons throughout the town. Investigators are actively investigating the incidents and when arrests are made, the accused will likely face numerous charges.

What is Arson

The Illinois statute defines arson as the destruction of individual's property, valued at $150 or more, by setting it on fire. You can also face arson charges for setting your own property on fire, if it is done with the intention of defrauding an insurance company. There are varying levels of the arson offense:

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Crimes on Board an Aircraft: Acting Out on Flights Can Lead to Serious Consequences

 Posted on February 23, 2015 in Criminal Defense

Many major news outlets covered the recent sentencing of a Korean Air executive. The executive became infamous for becoming irate on an international flight after she was served macadamia nuts in a bag rather than on a plate. She then demanded that the flight return to its departure gate so that a crew member could be kicked off. For her antics (which delayed the flight a total of 11 minutes) a South Korean judge sentenced the executive to one year in prison.

 Examples of Bad Airplane Behavior

 Before you think “A jail sentence for bad behavior on an airplane cannot happen in the United States,” consider the following individuals who received serious federal consequences for their actions in the air:

• In 2012, a man groped a pregnant passenger on a flight from New York City to Los Angeles. The incident caused the flight to be diverted to Denver. In addition to spending six months in prison, the man was ordered to pay the airline $4,000 in restitution to compensate for the cost of the flight diversion.

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Murder of Three Muslims May Not be a Hate Crime

 Posted on February 18, 2015 in Criminal Defense

Numerous national media outlets reported on the recent murder of three Muslim students. According to investigators, a man allegedly shot and killed the three Muslim students as the result of a parking space dispute. While a number of individuals (including the surviving family members of the deceased) want to see the shooter charged with a hate crime, others doubt that this particular type of crime fits the definition of a hate crime.

Basic Principles Governing Hate Crimes

As a previous post described, a hate crime is a crime committed against another person or group of people where the crime is motivated by a bias against that person or group. That bias can be on account of that person or group’s race, religion, sexual orientation, ethnicity, or gender. Because of the nature of these crimes, hate crimes are often punished more severely than a normal crime.

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