Posted on February 15, 2017 in Sexual Assault

Many criminals pay for the consequences of their actions long after they have served their time in the eyes of the court. This sentiment is especially true for sex offenders, and rightly so, as they’ve committed serious sexual offenses against vulnerable individuals. They must adhere to strict guidelines for decades after a conviction, but when do measures taken to protect the public go too far in punishing a person for years after a conviction?

That’s the question that was asked by an Illinois appeals court this week while hearing a case of Marc Pepitone, a sex offender who was originally arrested back in 1999 and convicted of predatory criminal sexual assault. Pepitone was arrested again in 2013, but not for sexual abuse. Instead, he was arrested while walking his dog in the park, as Illinois has a law that bans convicted sexual offenders from a wide variety of public places.

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 Posted on February 09, 2017 in Weapons

New research by the Violence Prevention Research Program found that alcohol may be a better predictor of future criminal behavior than simply looking to see if the a person has a criminal history.

Alcohol Use And Crime

For the study, researchers in in California examined data on more than 4,000 handgun buyers in the state between 1977 and 1991. Researchers looked at criminal histories of gun buyers beginning 15 days after they purchased their firearm. They then compared the data to gun owners who had previous convictions for alcohol-related crimes, like driving under the influence, drunken disorderly conduct, public intoxication, etc.

What they found is that individuals with prior alcohol-related convictions were  between four and five times as likely as people with no criminal histories to be arrested for a future violent or firearm-related crime. Conversely, being arrested for previous violent or non-violent crimes was a weak predictor of future crime likelihood. Researchers concluded that this means alcohol use may be a better predictor of future criminal activity than having previous convictions.

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 Posted on February 07, 2017 in Weapons

There’s no question that Chicago has a huge problem with gun violence. In 2016 there were 762 homicides in the city, more than New York City and Los Angeles had combined. There has been no downturn in violence as the calendar has turned to 2017, but police are hoping high-tech solutions may help curb the problem.

ShotSpotter Technology

Last week, Police Superintendent Eddie Johnson shared how police are now relying on a high tech system known as ShotSpotter to help identify where gunshots are occurring in real time so that officers can be dispatched to the area and hopefully catch the suspects. They are testing the systems in two neighborhoods that account for a large amount of gun violence, as more than a third of the homicides happened in one South Side and one West Side neighborhood.

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 Posted on February 03, 2017 in Family Law

Divorces are complicated, but in general lawyers and judges can fall back on previous rulings to issue a fair judgment. However, the situation gets more complex when you enter uncharted territory, like a recent Illinois divorce has. In that case, the couple is arguing over whether or not payment for a wrongful conviction should be considered marital property.

Asset Division in Illinois

Here’s a closer look at the case in question. Juan Rivera was released from prison in 2012 after serving 20 years for a 1992 rape and murder that was later overturned based on DNA evidence. Rivera was granted a $20 million settlement from the city, and he was set to receive about $11.4 million after taxes and attorney fees.

While he was imprisoned, Rivera met a woman named Melissa Sanders in 1998. The pair got married on October 31, 2000, but later divorced in July of 2014, more than two years after Rivera’s release from prison. During the divorce, the argument over whether Rivera’s wrongful conviction settlement should be considered marital property became a point of contention. The case went to trial, and the court ruled that Rivera’s settlement agreement should be considered a non-marital asset, saying that the proceeds resulted from injuries he suffered prior to the marriage.

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 Posted on January 31, 2017 in Traffic violation

A Franklin Park woman gave an interesting excuse as to why she was over the legal limit when she was stopped by police.

According to the statement she gave police, Katherine Muhlenbruc, 25, said the only reason she blew over the legal driving limit was because she was pulled over too quickly for erratic driving. Had she been allowed to continue driving her car, she would have been sober by the time she reached her destination, according to Muhlenbruc.

“Unbelievably, the defendant in this case was so intoxicated that she actually tried to convince the officer that she was driving to sober up,” police Chief Tom Weitzel said. “Numerous avenues are available to those who chose to drink to get home safely, such as Uber and Lyft. Driving around to sober up is not one of them.”

Arrested Too Quickly

According to the arrest report, Muhlenbruc was stopped by Riverside around 4:15 a.m. early Friday morning after she was spotted crossing a double yellow line. Muhlenbruc told officers that she “wasn’t that drunk,” and that she only had three drinks at the bar, although she noted that they were “extremely potent” drinks.

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 Posted on January 26, 2017 in Law

Going through a divorce is a stressful process, and many people cope with the feelings in different ways. In rare cases, divorce can bring out the worst sides in people, and their selfish or hurtful actions can have serious ripple effects. One question we hear from time to time in our family law practice is “What happens if my spouse hides money or spends outrageously right before or during the divorce process?”

Unfortunately we’ve seen cases where one spouse decides to spend a good chunk of marital assets either right before the divorce is filed, or during the initial stages of the divorce. Whether they feel slighted or entitled, they spend the money to try to gain something or unfairly hurt their soon to be ex. So how is this viewed by the court of law in Illinois?

Excess Spending Before a Divorce

There are a number of common things a vengeful spouse may look to buy using marital assets either before or during the divorce mediation. Keep an eye out for purchases like:

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 Posted on January 20, 2017 in Law

The Illinois Supreme Court recently granted certification to three new problem-solving courts in Kendall, Peoria and Tazewell counties. Illinois now has more than 100 specialized courts throughout the state that can help provide better treatment and alternative options for certain offenders facing jail time.

Each recently certified court specializes is a different area of law. The Kendall County court was certified as a Drug Court, the Peoria County court was certified as a DUI Court, and the Tazewell County court earned its certification as a Mental Health Court.

Benefits Of Specialized Courts

These specialized courts have benefits for both the offender and the community. These courts, which are focused on solving a specific issue, provide more hands-on treatment and offer a way for offenders to get clean and deal with issues that led to their incarceration in the first place. It can also keep offenders out of jail, which doesn’t always have the intended effect on rehabilitating the person. Additionally, the specialized courts are cost-effective for the state

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 Posted on January 17, 2017 in Traffic violation

Being arrested for driving under the influence can be a troubling experience. When you’re arrested for the first time, many people are unsure where to turn or what their options are. Today, we’re going to explain what happens when you’re arrested for a first offense DUI, and what you should do after the arrest.

First Time DUI In Illinois

It’s important to understand that you are not alone after a DUI arrest. In fact, roughly 35,000 people are arrested for driving under the influence in Illinois each year, so thousands of people are in the same boat as you. Although these penalties can differ based on how your case plays out and if your attorney gets your charges reduced or dropped, here are the potential penalties for a first offense DUI conviction:

• Loss of driving privileges for at least six months. However, a driver may apply for a Monitoring Device Driving Permit (MDDP) after 31 days of license suspension that allows them to drive under certain conditions and with the assistance of a breathalyzer device.

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 Posted on January 10, 2017 in Law

Crime can be a cyclical practice, where individuals can’t escape the reality of repeatedly being preyed upon. In an effort to break this cycle and help victims get the rehabilitation services they need, Illinois lawmakers hope to get a new law passed by the Senate today.

The criminal justice reform package, which was approved by the House yesterday by a vote of 83-26, will go before the Senate today. The package asks for a variety of changes and reform services, including:

• Recovery services to aid violent crime victims.

• Good-time credit off of sentences for prisoners who complete rehabilitation courses while incarcerated. These programs would be specifically designed to address their individual shortcomings.

• Giving judges the ability to impose probation-only sentences for some first-time offenses.

“By and large, what we’re doing now is warehousing people, not getting them rehabilitated,” said State Rep. Jehan Gordon-Booth, D-Peoria. “(When they’re released) they’re just getting a bus ticket and returning to the same communities they left, worse off.”

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 Posted on January 06, 2017 in Law

2017 is here, and now that the calendar has turned, many family law practices are expecting an influx of calls about starting the divorce process. In fact, in many circles January is considered “Divorce Month,” although many who practice family law suggest that it’s more like “I’m starting to think about my options” month. So why is January such a popular month for starting the divorce process? We explain in today’s blog.

Starting The Divorce Process In Illinois

There are a number of factors that contribute to a person deciding to look into their separation options in January. Here’s a look at some of the factors:

• Stress from the holidays
• Postponing divorce through the holidays for the kids/family
• The new year gives people a renewed look at what they want in a relationship
• Fewer tax implications by waiting until the new year

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