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Recent Blog Posts
Can Unreliable Eyewitness Testimony Convict an Innocent Person?
While eyewitnesses to a criminal offense can provide compelling testimony, the average person’s memory of a specific event is susceptible to many biases and errors. Unfortunately, jurors love eyewitness testimony and are much more likely to convict a defendant when another person witnesses the crime. Witnesses to a crime or accident are commonly interviewed by law enforcement after making a "positive" ID, then by lawyers from both sides, perhaps in a deposition, and finally in court in front of jurors and the judge.
While eyewitness testimony may well be the most persuasive form of evidence presented in court, its accuracy may be seriously flawed. Alarmingly, faulty eyewitness testimony has been implicated in at least 75 percent of DNA exoneration cases – more than any other cause. Speaking to an experienced Chicago, IL criminal defense attorney about potential eyewitness testimony can be crucial to the outcome of your trial.
How No "Stand Your Ground" Law Affects Self-Defense Claims
When charged with assault or battery, the most common defenses include self-defense, defense of others, or defense of property. Twenty-eight states currently have "stand your ground" laws, which hold that a person who is attacked in a place where she or he has a lawful right to be has no duty to retreat. In stand-your-ground states, a person has the right to stand his or her ground and meet force with force.
This includes using deadly force if it is reasonably believed that deadly force was necessary to prevent death or great bodily harm to oneself or others or to prevent a felony in progress. This makes self-defense a legal defense for criminal charges of assault or battery in stand-your-ground states. Illinois is not a stand-your-ground state, although it does employ the castle doctrine.
The Devastating Consequences of Illinois Charge Stacking
Being charged with a single crime is serious enough in itself to require a strong criminal defense attorney. Unfortunately, many prosecutors engage in "charge stacking," which involves charging a defendant with as many relevant charges as possible—even when the true relevancy is thin at best.
Often, more charges than are fair or just are filed against a defendant to strengthen the prosecutor’s case and up the chances of securing a conviction on at least one of the charges. Charge stacking is akin to the adage of "throwing everything against the wall to see what sticks" and is common in both white-collar offenses and violent criminal charges.
Violent crimes are typically stacked with other violent crimes and white-collar crimes with other white-collar crimes. The exception might be the offense of racketeering, which is often used as a "stack" offense in both white-collar and violent crime offenses. If you are facing multiple criminal charges, it is extremely important that you speak to a highly experienced Chicago, IL criminal defense lawyer as quickly as possible.
How Illinois Plea Agreements Can Muddy Double Jeopardy Laws
Recently, the Illinois Supreme Court overturned a high-profile actor’s conviction, ruling he had been subjected to double jeopardy. The actor was originally charged with falsely reporting a hoax hate crime in 2019, subsequently entering into a non-prosecution agreement. Then, in 2022, he was sentenced to 150 days in jail and 30 months of probation after being found guilty of felony disorderly conduct by a special prosecutor.
The Illinois Supreme Court found that the case was subject to the double jeopardy clause and that the actor’s agreement with the State’s Attorney’s Office should have been honored. The Court further noted that re-filing charges after overturning non-prosecution agreements in criminal offense cases would result in "terrible policy consequences." The actor’s attorney praised the decision, saying the ruling upheld the responsibility of prosecutors across the nation to honor the agreements it makes with defendants.
What Is the Difference Between Burglary and Home Invasion?
Burglary and home invasion are two very serious crimes in Illinois punishable with prison time and hefty fines. Although they both involve unlawful entry, they each have significant differences. It is important to understand these differences if you or someone you know is facing a burglary or home invasion charge. If you have questions about these two offenses and how charges can affect you, speak with an Illinois criminal defense attorney.
What Is Burglary?
Burglary is when a person breaks into someone else’s property with the intent to commit theft or any kind of felony. This offense contains two elements:
- There must be unlawful entry to someone’s property, whether it be a house, car, boat, train, plane, trailer, or building.
- There must be intent to commit a felony.
What Are the Consequences of Child Endangerment in Illinois?
Child endangerment is when a person places the life or health of a child under 18 in danger or at risk. It is a serious crime in Illinois that can be treated as a misdemeanor or felony depending on the circumstances. A child endangerment offense not only carries serious criminal penalties but can also involve legal consequences beyond prison time and fines. This article will discuss those consequences and what constitutes child endangerment. If you have any questions about a child endangerment charge or if you need assistance with a particular case, contact an Illinois criminal defense attorney today.
What Is Considered Child Endangerment in Illinois?
Illinois law defines child endangerment as endangering the life or health of a child under 18 or placing the child in a situation that puts him or her in harm’s way. This is a fairly broad definition, so courts often determine child endangerment on a case-by-case basis. Still, there are certain scenarios that a reasonable person would know pose a danger to a child. Bringing a child into a drug den, for example, presents a clear risk to the child’s health.
Illinois Man Pleads Guilty to Fatal Accident Caused by BUI
Last month, an Illinois man pled guilty to Boating Under the Influence (BUI) regarding a 2021 fatal accident at Lake of the Ozarks. Authorities say the man had a blood alcohol level of 0.187 percent a full three hours after the accident. According to witnesses, a 21-year-old on the boat driven by the defendant was ejected as the boat jumped waves at a high speed. The young man’s body was later recovered. The judge in this case suspended the imposition of the sentence, which means that if all the terms of probation are successfully completed, the defendant will not have a felony on his record.
According to the U.S. Coast Guard, alcohol is the leading known contributing factor in boating fatalities, accounting for 17 percent of those fatalities in 2023. Other common causes of boating accidents include operator inattention or inexperience, excessive speed, machinery failure, and improper lookout. Of course, nobody should get hurt while having a fun time on a boat. That being said, there are times when local law enforcement can be overzealous in charging BUI or may have the facts of what really happened wrong. If you find yourself facing BUI charges in the state, it is important that you speak to an experienced Chicago, IL BUI attorney from Luisi Legal Group.
How Can I Defend Against a Consumer Fraud Charge?
Being charged with consumer fraud can be a frightening experience. Not only is it a criminal charge that carries serious penalties, but it can ruin the reputation of a business. Understanding the different defenses for a consumer fraud accusation is an important start toward protecting your business and your rights. If you are facing a consumer fraud charge, hire an experienced Illinois consumer fraud defense attorney to manage your defense.
What Is Consumer Fraud?
Consumer fraud means acting deceptively or unfairly toward consumers in the course of business. The Illinois Deceptive Practices and Consumer Fraud Act forbids individuals and companies from engaging in fraudulent activity that can harm consumers, such as making misleading statements about products or charging illegal fees.
Theory of Accountability and Domestic Abuse Survivors
A little-known law in Illinois allows people to be punished for the criminal acts of another if they were present at the scene. Those who are especially vulnerable to the effects of this law are survivors of domestic violence. The story of a woman who has been in an Illinois prison since 1993 for murders committed by her boyfriend–despite a vigorous criminal defense–illustrates this point.
The young woman met her boyfriend when she was 17 and he was 35. The boyfriend told her that he was a truck driver, but she would find out months into the relationship that he was actually a drug dealer. One day, the young woman was forced by her boyfriend to go with him to a rival dealer’s home who supposedly owed him money. Things went sideways, and the boyfriend killed the dealer, along with the dealer’s wife and baby. Years of physical abuse convinced the young woman that she would also be killed as her boyfriend forced her at gunpoint to place jewelry and money into a bag.
Common Mistakes When Defending Against Drug Crime Charges
Defending against drug crime charges can be quite difficult. An Illinois lawyer can explain how mistakes can easily jeopardize a case. Learning some of the most common pitfalls in drug crime defense and actionable tips to help you navigate this challenging situation is helpful.
Failing to Understand the Charges
One of the most critical mistakes in drug crime defense is not fully comprehending the specific charges against you. Illinois law distinguishes between various drug offenses, such as possession, distribution, trafficking, and manufacturing. Each charge carries its own set of penalties and legal implications. Take the time to thoroughly review and understand the accusations with your attorney. This knowledge will form the foundation of your defense strategy.
Underestimating the Consequences
Drug crimes in Illinois carry severe consequences, ranging from hefty fines to lengthy prison sentences. Do not underestimate the potential impact a conviction can have on your life. Even seemingly minor charges can lead to a criminal record that affects your employment prospects, housing options, and personal relationships. Approach your case with the seriousness it deserves and work closely with your lawyer to explore all available options for minimizing the consequences.
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