Posted on January 12,2023 in Criminal Law

One of the more common myths regarding police officers, especially in recent years, is that they must identify themselves as police officers. This is not true. We often see this myth perpetuated in the media and on television. But as it is often said, do not believe everything you see on television or in the movies. Relying too heavily on what you read in the media or see on the big screen can result in believing in certain falsities.

Make no mistake, the police can and will lie. If you have been accused of participating in illegal activity, it is critical to hire a criminal defense attorney to protect your rights and avoid incriminating yourself. In this blog, we will take a deeper dive into situations in which police may or may not lie to suspects.

Police Officers, Sting Operations, and Entrapment. What Does It All Mean?

You may have heard of something referred to as a “sting operation,” which are operations that try and catch criminals in the act of committing a crime. For example, an undercover police officer may pose as an underage girl online in order to lure child predators into breaking the law. These types of operations are perfectly legal. On the other hand, entrapment is not legal. Entrapment involves forcing someone or coercing them to break the law. In comparison, a sting operation allows someone the opportunity to break the law.

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 Posted on December 06,2022 in Criminal Law

You are likely aware of the term “white-collar crime.” Generally speaking, white-collar crime refers to financially motivated crimes such as mail fraud, wire fraud, insurance fraud, forgery, embezzlement, and more. Many people do not know that while white-collar crimes are not violent, they are very serious and can be exceedingly complex. Just because a crime is not violent does not make it a non-serious offense.

White-collar crimes can bring with them hefty fines and lengthy prison sentences. This blog will look at common myths associated with white-collar offenses and how to avoid falling victim to common misconceptions. At the outset, we cannot stress enough that if you have been charged with a white-collar crime, it is critical that you contact an attorney at once to put yourself in the best position possible to pursue a positive result in your favor.

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 Posted on November 14,2022 in Criminal Law

In the State of Illinois, a robbery occurs when someone takes property from someone else through force or the threatened use of force. Additionally, the law states that the taking of property must be directly from another person or in the presence of another person. Being charged with robbery is a serious offense that, if convicted, may land the accused in prison for an extended period and require the accused to pay hefty fines.

While challenging, there are different ways to beat a charge of robbery. If you have been charged with robbery, it is essential you consult with a knowledgable attorney who has experience in robbery cases to ensure the most favorable outcome for yourself in the case.

Robbery Laws in Illinois

Notably, robbery is a type of theft offense. To begin, robbery is a class 2 felony holding punishments of three to seven years in prison and fines up to $25,000. Suppose the robbery is committed against someone 60 years or older or in a place of worship, daycare facility, or school. In that case, the charge is escalated to a class 1 felony, carrying a punishment of four to fifteen years in prison and fines up to $25,000. Once you are released from jail, you will be placed on parole for two years.

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 Posted on October 10,2022 in Criminal Law

Society considers sex crimes to be especially egregious. Even if an allegation of sexual assault is completely unfounded, the accusation alone is often enough to tarnish a person's reputation forever. If you were accused of sexual assault or rape, the importance of a strong defense cannot be overstated. You need to take immediate action to defend yourself and your future.

Do Not Make the Situation Worse than it Already Is

Anyone accused of a serious criminal offense such as sexual assault must understand that our right against self-incrimination exists for a reason. You have the right to remain silent, and you should exercise it. Do not try to talk your way out of the situation or make excuses. The police will likely use anything you say against you. It is always best to let your lawyer do the talking for you.

It is also crucial that you stay away from the person who accused you. Any contact or communication you have with the accuser could lead to further allegations.

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 Posted on September 19,2022 in DUI

What you thought would be a few drinks with friends has turned your life upside down. Now you are facing driving under the influence (DUI) charges and have lost your driving privileges.

At Issa Law, LLC, we understand that a license suspension can impact your peace of mind and your family’s well-being. Our experienced DUI attorneys will fight your driver's license suspension so that you can continue driving.

A Restricted Driving Permit Can Get You Back on the Road

New rules in Illinois went into effect this year, allowing you to drive 12 hours a day, six days a week, and up to 200 miles on a Restricted Driving Permit (RDP) without having to prove extreme hardship in certain cases. That would enable you to drive to work, take your children to school, or attend a medical appointment.

Even if your license is revoked due to two or three DUI convictions, you may be entitled to partial driving relief. You can expect to drive a vehicle with a Breath Alcohol Ignition Interlock Device (BAIID) for five years as a prerequisite for full reinstatement of your driving privileges.

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 Posted on August 04,2022 in Criminal Law

One of the most ubiquitous myths about police officers is the rumor that police must identify themselves as law enforcement officers. On the hit television show Breaking Bad, a methamphetamine dealer suspects that an alleged buyer is really an undercover police officer. The alleged buyer says, “If you ask a cop if he is a cop, he is obligated to tell you.” Unfortunately, the methamphetamine dealer falls for this trick, sells the drugs to the undercover officer, and is promptly arrested.

Many people wonder whether police officers are allowed to lie to criminal suspects. The answer is undoubtedly, yes. This is one reason it is so crucial for individuals accused of criminal activity to retain a skilled criminal defense lawyer.

Sting Operations and Entrapment

Police often use undercover operations or “sting operations” to catch criminals in the act. Police may lie about their identity and intentions to apprehend criminals. For example, a police officer may pose as an underage girl online or pretend to be interested in buying illicit drugs to catch people breaking the law. Sting operations are perfectly legal. However, entrapment is not legal. The difference between entrapment and a sting operation is that entrapment involves coercing or forcing someone to break the law, while a sting operation merely provides an opportunity for someone to break the law.

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 Posted on July 13,2022 in Criminal Law

While forging a signature may be the most common and well-known form of forgery, the crime actually includes a wide variety of actions meant to defraud a person, business, or organization. In our digital world, new forms of forgery are increasingly possible, but the standard definition still provides a wide umbrella under which forgery can be charged. Under Illinois law, the crime of forgery is when an individual intends to defraud another person or institution, and then knowingly commits the prohibited act. This is further defined as making or altering a false document, presenting or possessing a false document, or unlawfully creating or using a digital signature, including a PIN.

Common Types of Forgery

While methods may change from year to year, deceiving another party for financial gain remains against the law. Here are some of the most common types of forgery:

• Counterfeiting – This is the most common type of forgery, including forging someone else’s signature. This can include on a check, a driver’s license, or other official documents.

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 Posted on June 09,2022 in Criminal Law

In Illinois, you can be charged with arson if you used fire or explosives to damage someone else’s property or if you are suspected of intentionally damaging any building, including your own, with fire or explosives to commit insurance fraud. Depending on the circumstances of the case and the type of building that is alleged to be the target, you may be facing different varieties of arson charges. Make no mistake though, any arson charge is a serious one. You need to retain a criminal defense attorney who can aggressively fight the charges against you.

Types of Arson in Illinois

Whether it started as a prank or something more sinister, arson charges are serious. To be charged with arson under the above definition, the property damage must be $150 or more. That means even minor fires can lead to major charges. Here are the types of arson under Illinois law:

• A basic arson charge is a Class 2 felony, and you are facing three to seven years in prison and up to $25,000 in fines.

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 Posted on May 16,2022 in DUI

In Illinois, the legal limit for blood alcohol content (BAC) is 0.08 percent. Police officers use many different means of determining a suspect’s level of intoxication. Field sobriety tests do not measure the exact level of intoxication, but they can be used to detect signs of intoxication like lack of coordination and balance. Chemical blood alcohol tests including breath tests and blood tests can be used to determine a person’s actual blood alcohol content after a drunk driving arrest. However, these tests are not always accurate or reliable. In some cases, evidence in a DUI case is inadmissible and must be thrown out.

Problems with DUI Evidence Can Make Them Unusable

Driving under the influence of alcohol is punishable by license revocation, steep fines, and even jail time in certain circumstances. However, the prosecution must have sufficient evidence to secure a conviction for DUI. Many different issues can make DUI evidence unreliable, including:

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 Posted on April 11,2022 in Criminal Law

Even though we now have a looser cannabis possession law in our state, Illinois drug laws in general are still very wide-ranging and severe. Just possessing over 30 grams of marijuana can still expose an adult to up to a year in jail and a $2,500 fine for a first offense (or more, depending on the amount possessed). For other controlled substances, like heroin, cocaine, or PCP, you may be looking at a Class 1 felony carrying several to many years in prison, and many thousands of dollars in fines.

One Big Question: What is “Possession”?

“Possession” is a broad and nebulous concept. On one hand, you do not have to literally, physically have the drugs on your person. Just having them in a car with yourself and other people can expose all of you to a charge of possession, as long as you knew or should have known that the drugs were there, and you had control over them. On the other hand, there are many factors to examine, and further questions to answer, to determine your possible culpability. First, did you know that the substance was in your friend’s car? Did you own or co-own the car? Did you have control over that space? Even if so, were you the only one who did? Was anyone else’s property found near the drugs? (And we are just getting started on the “possession” question. The State has a big burden of proof.)

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