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Recent Blog Posts
Past Abuse as a Mitigating Factor in Illinois
One of the many consequences of abuse is that the resulting trauma can lead victims toward crime, too. While being abused does not mean you will automatically begin committing crimes, it can be considered a mitigating factor, especially during sentencing. A new law that was signed last month aims to allow for reduced sentences of convicted criminals who were abused in the past.
One reason for these efforts to lobby the government to consider past abuse in sentencing is the fact that so many convicts have reportedly suffered abuse before their incarceration. According to the National Online Resource Center on Violence Against Women, women who were abused are more likely to end up in jail than women who were not abused. 60-70% of incarcerated women reported experiences of abuse in their childhood, and 70-80% reported intimate partner abuse in their adulthood before their arrest. The numbers alone show that this is a trend that should not be ignored. If you are a victim of abuse facing criminal charges, speak with a dedicated Elgin, IL criminal defense lawyer to understand your sentencing options.
Will I Be Sent to Jail for Violating My Illinois Probation?
If you are convicted of a crime, probation is probably your best-case scenario. You will be limited by legal restrictions dictating where you can go and what you can do, but you will not need to serve time in jail. This is only an option for people convicted of crimes that are not violent and therefore do not pose a risk to public safety.
When someone is sentenced to probation, they need to abide by various rules and requirements. They can end up in even worse trouble if they violate the terms of their probation. If you are accused of a probation violation, speak with an experienced Aurora, IL criminal defense attorney to understand your options.
How Does Probation Work?
Every probation term is different, depending on the crime in question, the specific person accused of the crime, damage caused by the alleged crime, and other factors. However, some common features of a probation term include:
Illinois Kicks Off Drive Sober or Get Pulled Over Campaign
Labor Day weekend is here, signifying the unofficial end of summer. Kids are returning to school and the sun is already setting earlier and earlier each night. Families and friends will gather over this holiday weekend to attend cookouts and parties and bid summer goodbye.
Many of these events will involve alcohol and where there is alcohol, there is always the risk of a DUI arrest. The state has announced that Illinois law enforcement will be out in full force, cracking down on drunk drivers with its Drive Sober or Get Pulled Over campaign. Police from more than 250 departments, including the Illinois State Police and county sheriff’s offices, will be out in full force patrolling the state’s roads and conducting roadside safety checks.
If you or a loved one is charged with DUI this weekend, contact an Illinois defense lawyer to advocate for your rights.
Illinois Passes New Expungement Law for Juvenile Offenders
There are a number of reasons why juveniles commit crimes, including boredom, feeling pressure from peers, addiction, or feeling as if they have no other choice. According to national statistics, while the overall crime rate is decreasing, the crime rate for young people between the ages of 10 to 24 keeps increasing.
The consequences of juvenile crime convictions can impact an offender’s long-term future. One option for those who qualify is expunging that conviction from their record. Although the expungement process in Illinois can be complicated, a new law recently signed by Governor J.B. Pritzker can help make that process smoother. Contact an Illinois defense lawyer for details to see if you or your loved one qualifies for expungement.
How Does the New Law Change the Process?
When a juvenile is arrested, that arrest creates a criminal record. Like an adult criminal record, a juvenile record can interfere with the juvenile’s ability to gain employment or an education. Colleges and universities may reject an application based on the record. Depending on the criminal charges, many secondary education schools will take disciplinary action against the offender, including suspension or expulsion.
Can the Police Force Me to Unlock My Phone?
The U.S. Court of Appeals issued a federal ruling recently that affirmed it is legal for the police to force a suspect to use their thumbprint scan to unlock their smartphone. The ruling means that the police have the legal authority to force you to use your biometric data to open a device that could potentially have incriminating information against you. This could have a major impact on criminal procedures. If you are arrested or brought into the station on suspicion of a crime, speak with a skilled Elgin, IL criminal defense attorney to understand how this can affect you.
When Can the Police Make Me Unlock My Phone?
You may have heard people on TV shows and in movies saying that they "plead the fifth" in court. That is because the Fifth Amendment in the Constitution says that you cannot be forced to be a witness against yourself and you are protected against incriminating yourself. If you are asked a question under oath and an honest response to that question would incriminate you, you can "plead the fifth" and not be forced to answer.
Do I Have to Roll Down My Window During a Traffic Stop?
Few of us are able to remain calm and rational when we see flashing lights in our rearview mirror. Even when we are absolutely certain of our innocence, high-profile violence and civil rights violations from police officers in recent years make many people nervous to get pulled over. And, of course, being nervous is a recipe for not thinking straight.
It can be very difficult to know what to do during a traffic stop. Even if you think you know your rights, you may forget or misunderstand what you need to do in the face of pressure from a cop. For some people, panic sets in, and they are arrested on the spot, accused of serious crimes such as failure to comply with an officer’s orders, resisting arrest, and even assaulting a police officer. Do not lose hope if you or a loved one find yourself in this situation. You have rights, and one of the most important of these rights is the right to an Illinois criminal defense attorney.
Consequences of Domestic Violence Accusations
Domestic violence is a serious crime, but it is also a powerful accusation and many people are willing to cynically exploit its power. Domestic violence accusations can lead to a number of serious consequences, including criminal charges and convictions, disruption to family life, job loss, and even altered child custody arrangements. If you are being accused of domestic violence, a skilled Illinois domestic violence defense attorney can help you navigate this difficult situation and minimize its impact on your future.
How Domestic Violence Accusations Can Impact Your Life
Domestic violence accusations bring several important consequences. If you end up with a domestic violence conviction after an accusation, you may be sentenced to jail time, fines, and probation. You will also end up with a domestic violence charge on your criminal record, something that can greatly impact your future.
Switching Labels at the Grocery Store - Is It Theft?
With the rise of self-checkouts in grocery stores, many individuals may engage in switching labels between items in order to pay less. It may seem harmless, but switching labels at a grocery store can be considered theft in Illinois. It is vital to reach out to a knowledgeable Illinois retail theft defense lawyer if you have been charged with retail theft after switching labels to understand your rights and options.
What to Know About Price Switching
Price switching is the common term for when someone switches the scannable label of a cheaper grocery store item onto a more highly-priced grocery store item. These items are typically taken through the self-checkout of grocery stores or retail stores, with automated computer scanners much less likely to catch a discrepancy between the items being scanned and the ones that actually end up in the bag.
How Do I Get My License Back in Illinois After a DUI?
If you are faced with DUI charges, you may be wondering what might happen to your Illinois driver’s license. There are many potential outcomes of a DUI conviction, including the suspension or revocation of your driver’s license in addition to fines and other penalties. An experienced Illinois license reinstatement lawyer can help you understand how to get your license back if you have lost it after a DUI conviction.
License Suspension Versus Revocation
Losing your driving privileges in Illinois after a DUI occurs in two ways – license suspension or revocation. With a license suspension, there is a time limit for how long your license is suspended, and you may need to complete certain rehabilitation programs or meet requirements like using a breath monitoring device to drive your vehicle before your suspension period is over.
When Is a DUI a Felony in Illinois?
Driving under the influence of drugs or alcohol, typically shortened to DUI, is a crime in Illinois. However, there are different levels to DUI charges, and this charge may be a misdemeanor or a felony depending on a few different circumstances. It is important to understand the difference in DUI charges, as these charges carry varying penalties. An experienced Illinois DUI defense attorney can answer your questions if you face a DUI charge.
Understanding Illinois DUI Charges
In Illinois, the majority of DUI charges are misdemeanors. First-time DUI offenses and second-time DUI offenses are both Class A misdemeanors, though a second-time DUI offense is typically penalized more harshly.
A first-time DUI becomes a felony DUI when at least one of the following occurs alongside the DUI:
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