Blog

1231 N. Ashland Avenue, Chicago, IL 60622

Subscribe to this list via RSS Blog posts tagged in Chicago defense attorney

IL defense lawyerDomestic violence is a crime that is taken very seriously and has severe consequences for those who commit it. Though the type of punishments that offenders of domestic violence get are deserved, the extremely personal nature of the crime makes it difficult for those who are falsely accused to clear their name. In the state of Illinois, police officers are required to arrest a person if the officer has reason to believe that they have committed an act of abuse or neglect. Even if the officer makes no arrest during a domestic violence call, they must always fill out a police report with the alleged victim and the alleged suspect’s information and statements. If a person decides to file an order of protection against someone, this means they are telling the court that they have been abused and wish to seek charges against the abuser.

What Is Domestic Violence?

Though different states may have different definitions of domestic violence, Illinois defines domestic violence as any act of “abuse” perpetrated by a “family or household member.” An act of abuse can be:

  • Physical abuse;
  • Harassment;
  • Intimidation;
  • Interference with personal liberty; or
  • Willful deprivation.

Family or household members can include:

...

IL defense lawyerMost people use the terms theft, robbery and burglary interchangeably and for the most part, they can be used that way in general conversation. In the criminal justice world, theft, robbery, and burglary each have their own meanings and often have different consequences, depending on which crime you are accused of. If you are accused of one of these crimes, it is very important that you understand what constitutes each crime and what kind of punishments you are facing.

Theft

The Illinois Criminal Code of 2012 states that you are committing theft if you:

...

style=When you get your driver’s license in Illinois, you are agreeing to a number of things, such as carrying insurance when you drive, obeying all traffic laws and driving in a safe manner. What some Illinois drivers may not know is that when they obtain a driver’s license, they are also giving their implied consent to be subject to a chemical test, such as a test of the blood, breath, urine or other bodily substance, which is used to determine whether or not the driver is under the influence of alcohol or other drugs. When drivers are arrested for DUI and refuse to submit to these tests, they are subject to a statutory summary suspension of their driving privileges.

What Is a Statutory Summary Suspension?

In Illinois, when a driver is arrested for DUI and refuses to submit to chemical testing or fails a chemical test, he or she will automatically have their driving privileges suspended. Failing a test means that their blood-alcohol content (BAC) measured at a .08 or over or the THC content was either 5 or more nanograms per milliliter of blood or 10 nanograms or more per milliliter of another bodily substance. A statutory suspension is not a punishment for a DUI conviction--consequences for a conviction would be added to the suspension. Even if you challenge the arrest in court, the suspension is still in effect.

...

IL defense lawyerBeing accused of a sex crime can be stressful and emotionally tolling for you, your friends and your family. Whether the accusation is true or not, being accused of a sex crime can not only cause problems between relationships with people in your life, but it can also cause problems at work or getting future jobs. Understanding common defenses to sex crimes can prepare you if you are facing these types of charges.

Innocence

One of the most common defenses to sex crimes is innocence, meaning that you are pleading that you did not commit the crime. This is perhaps the most basic defense in sexual assault cases. The defendant can argue that they couldn’t have committed the crime because they were in a different place at the time the crime was committed. This is called an alibi and must be supported by credible evidence that they could not have possibly committed the crime.

...

Illinois defense lawyerCredit card fraud can take many different forms, and can even occur by accident. Penalties for being convicted of credit card fraud are serious, and can result in a misdemeanor or felony charge. Four common types of credit card fraud allegations include:

1) Failure to Obtain Consent of Cardholder

A cardholder must authorize use of the card by another person. This authorization can be either written or verbal. A cardholder can also designate an authorized user for their card, by including their name on the credit card account. Once the cardholder has formally authorized someone to use their credit card, the owner is responsible for any charges the authorized user incurs.

...

illinois defense attorneyBeing arrested and charged with a crime will have major, long-lasting effects on anyone’s life. When someone enters the criminal justice system, their criminal record can follow them for the rest of their life. In Illinois, nearly 50 percent of ex-offenders end up back in prison within three years due to their inability to find work.

After someone has been convicted of criminal charges and served their sentence, they may be able to have their criminal record sealed, which will improve their ability to find jobs, education, and housing. Unfortunately, the process of sealing these records is often difficult, but the state of Illinois is working to implement criminal justice reforms to address this issue.

New Illinois Criminal Justice Laws

...

Illinois defense attorneyOn August 11, 2017, Illinois Governor Bruce Rauner signed a new law eliminating the statute of limitations for felony sexual assault and sexual abuse crime against children. This law went into effect immediately, and officials praised the law, stating that will make it easier to prosecute these crimes.

Changes under the New Law

Prior to the passage of this law, Illinois statutes required sexual offenses against children to be reported and prosecuted within 20 years of the child’s 18th birthday. The new law eliminates that statute of limitations altogether, and it applies to any future crimes or existing crimes for which the statute of limitations had not yet expired. Following this change, 37 states and the federal government have removed the statute of limitations for some or all sex crimes against children.

...
Illinois State Bar Association American Bar Association Hispanic Lawyer Association of Illinois Super Lawyers
Back to Top