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Getting a Criminal Record Expunged in Illinois

 Posted on May 24, 2024 in Expungement

IL defense lawyerOne thing that can be said about people is that they make mistakes. In fact, when called out for doing something wrong, a common retort is, “I’m only human.” Mistakes are often made by youths, and the hope is that they learn from them and grow into adults who will not repeat them. Unfortunately, some of those mistakes can result in a criminal record that can follow them well into adulthood. Even if they have paid the price of their mistakes, served their time, and have seen the error of their ways, the taboo that can remain over them like a cloud might affect crucial parts of their life, including housing, employment, and educational opportunities. The good news is that under certain circumstances, some charges can be expunged from a record. It can make a huge difference if you do not need to suffer endless punishment for mistakes you made in the past. If you are interested, you should speak with a skilled Illinois criminal defense attorney to see whether you might be eligible for expungement.  

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Why You Need a Lawyer Present During Police Questioning

 Posted on May 10, 2024 in Criminal Law

IL defense lawyerMost people do not wake up in the morning and think they might get arrested that day. Whether you committed a crime or not, whether you know you are a person of interest or a suspect or not, the possibility of arrest generally seems unlikely unless you know you have been caught doing something illegal. Since it is hard to imagine the probability that you might get arrested, you might make mistakes in your interactions with the police that could end up costing you down the line. The moment you are aware that the police suspect you of committing a crime, it is always a good idea to consult with a lawyer experienced in the field of law relevant to you. This article will explore why. Of course, if you are called in for questioning in Illinois, make sure to have a skilled Wheaton, IL defense attorney with you to make sure your legal rights are protected in the process.

Knowledge and Experience 

Many people have never been suspected by the police of committing a crime before, and therefore, they have no idea what to expect. There are a lot of situations in which it is helpful to understand whether something that is happening to you is typical or out of the ordinary. An experienced lawyer can observe what is happening and help you figure out whether cooperating with the questioning or ignoring it and keeping your mouth shut is the best path forward.

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Dealing with False Accusations of Domestic Abuse

 Posted on April 25, 2024 in Violent Crimes

IL defense lawyerWhen police arrive to handle a domestic disturbance call, they observe the environment they are faced with to determine how to proceed. In some cases, a survivor of domestic abuse calls for help. However, by the time the police arrive on the scene, the victim is panicked, having just suffered violence, and the perpetrator is keeping himself calm and collected. If they have not witnessed abuse but arrived just after, they likely will not have grounds for an arrest. If the survivor has no proof of having just been attacked and the abuser knows he needs to lie and be composed to avoid an arrest, he might even be able to turn the story around and claim that she was the perpetrator and hurt him, and if she is in a highly emotional state - which is reasonable following an attack - they might believe him. If you are facing false accusations of domestic abuse due to actions you took to defend yourself from an attack, you should consult with a skilled Wheaton, IL defense attorney to protect your rights.

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Juvenile Shoplifting in Illinois

 Posted on April 12, 2024 in Juvenile Law

IL defense lawyerPeople steal for many different reasons. Some think they are above the law and can take what they want without paying. Some feel they need what they are taking, but they are unable to purchase it. Regardless, shoplifting is illegal and can result in serious consequences. Even if the person caught shoplifting is under 18 and their case is brought to juvenile court, they can still face penalties and charges similar to what an adult would. If your minor child has been arrested for shoplifting, a qualified Wheaton, IL juvenile defense lawyer can review the case and offer tailored legal representation.

What Are the Punishments for Shoplifting?

Retail theft, or shoplifting, means someone has taken something from a store without the intention of paying. How your child’s shoplifting will be handled depends to a large degree on the injured party or the person he stole from. This person could decide to give your daughter a harsh warning and possibly bar her from entering the store again. They might call the police, who, depending on the specific circumstances and your child’s background, could bring him to the police station, where they might also decide to let him off with an official warning. Another option is for the injured party to press charges.

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What to Expect When Facing Drug Possession Charges in Illinois

 Posted on March 26, 2024 in Drug Charges

DuPage County, IL drug crimes lawyerBeing charged with drug possession can be an intimidating experience with potentially severe consequences. Understanding what to expect can help alleviate some of the stress and allow you to make informed decisions as you go through the legal process. An Illinois lawyer can walk you through the steps of what to do if you have been charged with a drug crime.

Types of Drug Possession Charges

In Illinois, drug possession charges can range from a misdemeanor to a felony, depending on the type and amount of the controlled substance involved. Simple possession of a small amount of certain drugs like marijuana may result in a misdemeanor charge. Possession of larger quantities or drugs like cocaine, heroin, or methamphetamines will likely lead to felony charges, which carry harsher potential penalties.

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Three Potential Defense Strategies Against Fraudulent Check Charges in Illinois 

 Posted on March 08, 2024 in White Collar Crimes

DuPage County, IL white collar criminal defense lawyerA conviction for fraudulent check charges in Illinois can have serious legal consequences, including fines, probation, and even imprisonment. To effectively defend yourself against such allegations, it is crucial to employ strong, proven defense strategies tailored to your specific circumstances. If you are facing charges related to a white collar crime like writing bad checks, a qualified lawyer in Illinois may be able to help. Here are three potential defense tactics that could help you combat fraudulent check charges in Illinois.

The Three Best Defense Strategies for Charges Related to Writing Bad Checks 

Lack of Intent

 One of the primary defenses against fraudulent check charges is to argue a lack of intent. In Illinois, prosecutors must prove that you knowingly wrote or passed a fraudulent check intending to deceive or defraud. If you can demonstrate that there was no intent to commit fraud, it can dramatically weaken the prosecution’s case against you. For instance, if you were unaware that the check was fraudulent or if you made an honest mistake in writing the check, lack of intent could be a potential defense strategy.

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Illinois’ Most Common Violent Crimes

 Posted on February 26, 2024 in Violent Crimes

DuPage County, IL criminal defense lawyerViolent crimes are those that are likely to go beyond threats or intimidation and right into violent, sometimes fatal actions, and Illinois has a serious violent crime issue. The state has reported higher violent crime rates three years running and it does not seem to be slowing down. The consequences of being accused of or charged with a violent crime can devastate entire families, often without any merit whatsoever.

If you are being accused of a violent crime, you should reach out to a criminal defense attorney as soon as possible to ensure your rights are protected - even if you think you are innocent.

Homicide

According to USA Today, in 2018, Illinois had the fourth-highest murder rate nationwide at 884 homicides in that year alone. This rate spiked 30 percent just two years later. Illinois recognizes four homicide categories, according to its statutes:

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Better Understanding Arraignments and Pleas

 Posted on February 07, 2024 in Criminal Law

Blog ImageOne key step following the arrest and charge of a crime in Illinois is the arraignment. It is there where you will be formally charged with your crimes and given the chance to enter a plea. Ideally, before your arraignment, you will already have retained the legal counsel of an experienced criminal defense attorney.

Defining a Criminal Arraignment

When charged with a crime, a defendant’s first courtroom appearance is an arraignment. It serves to inform the defendant of the charges that they face and provides the opportunity to enter a plea of guilty, guilty but mentally ill, not guilty, or no contest. The defendant will also be notified of their rights which include the right to an attorney and the right to a trial by a jury of their peers.

Entering Your Plea

In an arraignment, you will be given the chance to enter your plea for the charges being lobbied against you. Each option can lead to a moderately different outcome in your case.

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Avoid An Unnecessary DUI On Valentine's Day

 Posted on January 29, 2024 in DUI

DuPage County criminal defense lawyerdriving under the influence (DUI) charge is a serious offense. So, keeping "spending time in a jail cell" off the list when planning your Valentine's evening may be a good idea. If you choose to celebrate your love over a bottle of wine or champagne, do the responsible thing and do not get behind the wheel of a motor vehicle. However, if you wind up getting pulled over and arrested for a DUI on Valentine's Day, a smart move would be to make your first call to an experienced criminal defense attorney.

How To Avoid a Valentine's Day DUI

There are many things you can do to avoid a DUI  on Valentine's Day; chief among them is not drinking. Is alcohol essential to show someone how much you care about them? When planning a night out, and drinks are involved, reserve a restaurant within walking distance so that if you and your date partake in mutual intoxication, you can forgo the ride home in favor of a romantic hand-in-hand walk home.

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Simple Battery vs Aggravated Battery

 Posted on January 16, 2024 in Violent Crimes

DuPage County criminal defense lawyerIllinois sees battery as two different crimes, each with its own set of charges. Both versions of battery include bodily harm or physical contact with intent to harm. The differences emerge when factors such as injury severity, location of the battery, and if the plaintiff held a protective status or occupation. Understanding the full breadth of the differences between battery crimes can help you further understand what you are up against when charged. An attorney with defense experience in such situations can offer invaluable advice and work hard to defend your rights.

Simple Battery

Simple battery is the lesser of the two crimes. When a person causes bodily harm or attempts to provoke or insult another individual through physical contact, this is considered simple battery. The act must be intentional, and the prosecution will need to prove that the act was deliberate for there to be a battery case.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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