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Assault Charges: Are You Really Responsible for Their Feelings?
The First Amendment to the United States Constitution protects our rights to free speech, so you can say whatever you would like, right? Not necessarily. There are a few caveats associated with your freedom of expression. Others also have the right to feel safe. Therefore, government officials have the right to step in if your speech incites violence or violates peace. However, the perception of fear varies from person to person. If the words that leave your mouth cause an overly-sensitive individual to fear for his or her life, then are you susceptible to assault charges?
Sticks and Stones
Physical contact may leave lasting, visible marks on a human body. However, words can be just as powerful. The words we use, assisted by body language and voice inflection, can cause powerful emotional reactions in those around us. For this reason, assault charges are not reliant on actual contact, but the feelings provoked in others. Each state defines assault differently. In Illinois, assault is:
Retail Theft in Illinois
Every year after the holidays, without fail, retail stores complete an inventory process. With the results of these inventories matched with the sales logged into their systems, owners and managers sometimes discover staggering amounts. No, the shocking numbers are not the sales they made after the holidays—these numbers are generally calculated each night after closing.
However, what is discovered are figures which indicate how much product walked out the door without being purchased—i.e. theft. The realization leads to an increase in security measures, which leads to a rise in theft accusations. Understanding charges empowers individuals to combat their cases.
What is Theft?
As schoolchildren, the lesson to not take something that is not yours is often taught; taking something that is not yours is stealing. As adults or young adults, the terms of stealing are laid out for us.
Can an Illinois DUI Cause Problems in Other States?
Driving under the influence of drugs or alcohol can result in life-changing consequences if caught in Illinois. To keep streets safe from impaired drivers, state lawmakers have passed a series of bills making Illinois DUI repercussions among the harshest in the nation.
Although not as strict as Arizona, as shown in recent rankings, Illinois is far from being as lenient as South Dakota—the most forgiving of DUI consequences. The thought of moving to a new, more lenient state crosses the minds of many who face DUI allegations. Is this a viable option if someone is looking to protect his or her future?
Consequences
If you have received a DUI while driving within the state of Illinois, or if you have been driving in another state using an Illinois driver’s license, an automatic statutory summary suspension will begin. The Secretary of State issues a suspension after a failure of chemical testing or a refusal to chemical testing. A suspension is only a temporary loss of driving privileges and may be sorted out during a court hearing. It is entirely possible to be found guilty of DUI and to have the suspension rescinded by a judge, or vice versa after the hearing. Additionally, with new laws applicable as of 2016, a Monitoring Device Driving Permit may be approved to regain the use of your vehicle. Other penalties for a first-time offense include:
Know Your Self Defense Options if You Become Trapped in a Demonstration
Particularly in larger cities, citizens are flexing their right to protest peacefully. Americans join in high numbers to exercise an unalienable right to have their voices heard. Regardless of whether you agree with these protests, the likelihood of finding yourself caught up in one on the way to work is a growing possibility.
Occasionally, these peaceful protests go awry and no longer qualify as peaceful, leaving those in their paths fearful for their personal safety. When caught in a demonstration unexpectedly, how do you utilize your Second Amendment rights for protection without becoming subject to a weapons charge?
Illinois Aggravated Unlawful Use of a Weapon
Aggravated Unlawful Use of a Weapon is a felony in Illinois, and is punishable by hefty fines, imprisonment, and a permanent mark on a criminal record. Unless you are on your personal property or place of business, you may incur charges of Aggravated UUW if:
Upcoming Changes to Illinois Juvenile Crime Laws
No matter how old children get, parents will seek to protect them and provide them with the best life possible. Therefore, if it is within a parent's power, he or she will want to provide his or her child with the best possible defense when facing a legal battle.
Understanding the laws surrounding one's criminal allegations is imperative to any successful defense strategy, and as of January 1, 2017, a new round of legislation will take effect regarding juvenile defenses.
Expungement Changes
At any age, even small charges remain on a criminal record no matter the outcome of the case. Criminal accusations can dramatically alter the life of a teen, potentially preventing future employment opportunities and lessening the probability of a degree in higher education. However, with the new year, new possibilities are available to erase the dark marks through expungement. Certain criteria must be met to qualify, including:
How the Illinois Domestic Violence Act Relates to You
Domestic violence is a silent epidemic running rampant in our country. In Illinois alone, over 65,000 cases of domestic violence were reported in 2014. However, many of these cases were falsely reported to obtain other goals of the accuser. In other incidents, the information was embellished, creating harsher penalties than necessary. Accusations of this magnitude are life-altering upon conviction. The Illinois Domestic Violence can work for you or against you, depending on your defense strategy.
What is the Illinois Domestic Violence Act (IDVA)
The Illinois Domestic Violence Act (IDVA) was created in 1986, starting a new era in the world of domestic relations. The IDVA regulation defines the terms of domestic abuse, explains to whom it relates, and outlines law enforcement actions to protect victims. Consider the following specifications:
The Points System and Your Illinois Driver’s License
Upon becoming the recipient of a traffic ticket in Illinois, many make the mistake of simply paying their fines and going about their daily routine. However, doing so is a guilty plea and results in the addition of points on your license. These points build up and roll off, both affecting your driving record. With too many points, further consequences can be expected.
Earning Points
Unlike other situations in which the objective is to accumulate as many points as possible to win a game, prize, or goal, in this situation, the intention is to remain with little to no points. The addition of these tallies can eventually have adverse effects on your driving privileges, including license suspension. Points are earned with each additional citation with a guilty plea or verdict. The number of strikes received depends on the crime and other factors. A few common errors that result in points are:
Penalties for Drug Possession Charges in Illinois
Having a charge on your criminal record for any crime can be life-altering. However, drug-related crimes have exceptionally stronger impacts than lesser crimes. Not only is there the legal punishment that comes from conviction, but there are also secondary consequences to consider. For instance, you may lose your government funding for higher education in addition to losing your employment and livelihood. Consider contacting an attorney to reduce or avoid penalties.
Drug Schedules
Although it may sound like what time of day to take your doctor-prescribed medications, drug schedules in the legal sense are a factor used in determining penalties issued for drug crimes. Schedules were created to categorize the potency of the drug, the proclivity for addiction and abuse, and whether or not the substance has any medical usages. The current schedule is set as follows, starting with the least severe:
Can You Use Justifiable Force as a Defense in Your Criminal Case?
When your actions have caused death or bodily harm to another, you may be faced with criminal charges. What happens, though, when your actions were in self-defense, or done to protect your home or a loved one? Is this still a criminal matter, or can you use justifiable force as a viable defense in your case? The answer to this depends on the situation. However, the following information can help you understand the basics of justifiable force in Illinois.
When Might Justifiable Force Apply?
Justifiable force cannot be used for every circumstance or every case. To effectively exercise this defense, you must have been defending yourself or another person from an unlawful act (i.e. sexual assault, battery, murder) or from death or bodily harm. Alternatively, you may be able use justifiable force in a situation where you were protecting your own property or a family member’s property from a break-in, attack, or other unlawful act. Still, this is not a blanket defense. There are other nuances to justifiable force that you must be aware of before trying to use it in your case.
Breathalyzer Pitfalls
You are charged with your first DUI. You knew you only had one drink and were safe to operate your vehicle. The swerve the officer reported occurred when you were avoiding a deer. The shifts in your driving speed were because it was late on a Friday after a long week of work and you were not even paying attention to your foot. Shocked to see an officer’s lights in your rearview mirror, you assumed you might have been speeding. When the officer asked you to submit to a breathalyzer, although confused, you agreed. You failed. Your life is dramatically altered now because of that test, which, in your opinion, was wrong.
The Outlook
If you have never been the recipient of a DUI, a wealth of new thoughts may be running through your mind, not the least of which is what this can do to your future. In Illinois, there are strict regulations pertaining to the punishment of DUI offenders. Consequences for the first offense include:
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