Recent Blog Posts
Do I Have a Valid Entrapment Defense in My Illinois Criminal Case?
When defendants argue that they were manipulated into committing a crime by the law enforcement officers investigating them, they can use a legal defense known as "entrapment." In Illinois, the defense is legally authorized to use entrapment as a legitimate defense as long as it has evidence to back the claims. To learn more about the legal requirements for an entrapment defense, speak with a qualified Aurora, IL criminal defense lawyer with experience helping other clients in similar cases.
What Does Entrapment Mean?
According to Illinois law, entrapment happens when a police officer, informant, or other government agent persuades an otherwise law-abiding individual into engaging in a criminal act. One important aspect of an entrapment defense is that the defendant would not normally have committed the crime, but the influence or pressure that was placed on him or her by law enforcement officers was what ultimately made him or her do what they did. If someone was simply given an opportunity to commit a crime, it would not be enough for an entrapment defense.
Could I Go to Jail for Stealing Diesel in Illinois?
Gas prices have skyrocketed over the past few decades, and as that trend continues, authorities in Illinois have been cracking down on diesel theft. There is an entire field of criminal law dedicated to this type of theft. If you are accused of stealing fuel, you could face serious legal consequences that could impact your life for many years. Fortunately, a qualified Illinois criminal defense lawyer with experience helping clients facing these kinds of criminal charges can review your case and explain your options.
When Can You Be Charged With Diesel Theft?
As with many other criminal violations, if you are convicted of diesel theft, your specific charges depend on the severity of the allegations against you. Interestingly, whatever you are accused of actually doing, your alleged intent plays a really important role in such convictions.
What To Know About Social Media and Illinois Criminal Cases
It is nearly impossible to downplay the importance social media has in our lives. Whether you use it to post and see pictures of your friends, stay on top of new trends, get yourself from Point A to Point B, find your next job or apartment, or anything else, social media has weaved its way into every aspect of the average person’s routine.
Criminal law is no exception. Things posted on social media can be used by both the prosecution and the defense as evidence or liability in any given case. In Illinois, there are legal guidelines dictating how social media can be incorporated in cases. A knowledgeable Illinois criminal defense lawyer can help you understand this and other aspects of your case.
How Can Social Media Be Used as Evidence in Court?
According to Illinois law, social media evidence can be admissible in court if it can be proven to be authentic and reliable. Authenticity can be established by proving who the content belongs to and showing that nobody else had access to the account when the content in question was created. Digital forensics, witness testimony, and defendant testimony can all be used to prove this.
What Does Ban the Box Mean and How Can It Help Me?
One of the biggest challenges facing those with criminal records who have served their time and want to move on comes when seeking employment. A person who meets all the requirements and qualifications for a job and has relevant experience and other skills that would make him a good fit can feel confident when applying until the dreaded question is asked: "Have you ever been convicted of a crime?"
A steady job is crucial for people trying to reintegrate into society, but if you are judged before you get a chance to explain your situation and whether you have learned from it, it can seem nearly impossible to get hired. Fortunately, Illinois recognizes this difficulty and has enacted certain measures to give people a fairer shot at getting hired. If you have a criminal record and are facing hiring discrimination, speak with a skilled Illinois criminal defense attorney about making sure your rights are protected.
Will My Teen Be Sent to Jail for Drinking at a High School Party?
Laws surrounding alcohol consumption are clear with extensive public campaigns about who should not be drinking. However, it is an area of the law that many citizens tend to take less seriously than others. For example, while underage drinking is a clear violation of the law, it is a common occurrence, particularly at parties for underage high school students.
With many people violating the law, you might think the penalties associated with it are minor. The truth is that a teenager who is caught drinking could face significant consequences, including criminal charges and even jail time. If your child is facing underage drinking charges, speak with a qualified Aurora, IL criminal defense lawyer to understand your options.
Can My Lawyer Help Me Overcome Jury Bias Against Me?
While many criminal cases in Illinois are settled out of court, many others go to trial for a judge and jury to decide the outcome. When your fate will be decided by a jury, it is crucial to understand the jury selection process and ensure that you are not punished for any biases jurors have against you. If you are concerned that you may face an unfair trial due to jury bias, speak with a qualified Kane County, IL criminal defense lawyer to understand your options.
How Can the Jury Impact the Fairness of My Trial?
The Sixth Amendment of the U.S. Constitution protects your right to a fair trial. That means that the judge and jury on your trial need to be receptive to all the facts and be impartial when reviewing your case. If a juror is biased, his personal opinions can lead him to judge you unfairly regardless of the evidence demonstrating your innocence. If he is prejudiced against people in a certain ethnic group, and you are a member of that group, it is unlikely he will believe you and might automatically assume the worst about you.
Illinois Ghost Gun Laws: What You Need to Know
In recent years, a new type of firearm has been on the market. Ghost guns are homemade firearms without a serial number, which means they are untraceable. They became popular due to the spread of online kits and DIY firearm parts, but with a recent high-profile case making headlines across the country, ghost guns are a growing concern in Illinois and nationwide. To understand how this recent development is regulated, speak with an experienced Elgin, IL criminal defense lawyer who has experience with gun law cases.
What Are Ghost Guns?
Ghost guns are a type of firearm assembled from kits or parts that can often be purchased online. Some kits enable 3D printing to produce weapon components. They can be assembled at home and do not have serial numbers, making it harder for law enforcement to trace them when they are used in a crime. This makes them particularly attractive to people who do not want to be tracked and can pose a significant challenge for police trying to solve firearm-related crimes.
There Is a Warrant for My Arrest. What Should I Do?
It can be overwhelming and distressing to discover that a warrant has been issued for your arrest. As difficult as it can be, it is important to stay calm and figure out what it means. Acting quickly and responsibly can help you avoid making the situation worse. An experienced Illinois criminal defense lawyer can help you understand your warrant and what to do about it.
What Is an Arrest Warrant?
An arrest warrant is a legal order issued by a judge authorizing law enforcement officers to arrest you. A warrant is typically issued in various situations including when someone:
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Is accused of committing a crime
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Fails to appear in court
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Does not follow the terms of a court order
What Are My Rights During an Arrest in Illinois?
Being arrested can be a frightening and overwhelming experience, particularly if this is your first time. However, when you are arrested, you have certain rights guaranteed by the U.S. Constitution and Illinois state laws. These rights are there to protect you against unnecessary harm and unfair treatment. Knowing your rights can help you stay calm and avoid mistakes that could impact your case. To learn more about your rights during an arrest, speak with an experienced Elgin, IL criminal defense lawyer.
The Right to Remain Silent
One of the most important and most commonly quoted rights you have when you are arrested is the right to remain silent. During an arrest, you need to provide the police with your name and whatever basic identifying information they ask for. Beyond that, you have the protected right to stay quiet and not answer their questions or give them information that could incriminate you or otherwise be used against you.
How Do Prior Convictions Impact an Illinois Criminal Defense Case?
A past criminal record can weigh heavily on someone charged with a crime in Illinois. Prior convictions can have a big impact on a current criminal case. Understanding how is crucial for anyone facing legal trouble in Illinois. An experienced Elgin, IL criminal defense lawyer can explain how your previous convictions might impact your case and what options you have.
What Are Prior Convictions?
Anytime someone was found guilty of a crime in the past, they have a prior conviction. That can include serious felonies, misdemeanors, or even simple traffic violations. Illinois law allows prosecutors to bring up past convictions during a new criminal case, regardless of whether they are relevant to the case or how severe they were, and this can affect how the case is handled.
Impact of Prior Convictions on Sentencing
Judges sometimes give a more severe sentence to a defendant with a history of breaking the law because Illinois law allows for something called "sentencing enhancements" based on prior convictions. A criminal history might make a defendant subject to harsher punishments for a crime than they otherwise would be.
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