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Category Archives: Criminal Law

domestic abuse, domestic violence, Wheaton criminal defense lawyer,  domestic violence dispute, order of protectionCell phones have become a staple in our daily lives. We scroll social media, check bank accounts, and send business emails—even when we are in our homes with our families and sitting on the couch. Moreover, cellular devices are extremely helpful in emergency situations, enabling those in danger to contact someone able to help.

For victims of domestic abuse, cell phones may be their only chance at getting to safety. Illinois enacted a new law this year which will have a direct impact on the cell phone bill of anyone involved in a domestic violence dispute.

The New Law

According to the new law that went into effect as of January 1, 2018, anyone approved with an order of protection from a judge can separate their cell phone account from their accused abusers. During the petition for the court order, an alleged victim can request the service. Once approved, the court clerk will then contact the service provider directly, requesting the transfer of that phone number into the victim’s name, free of charge. The request may include any of the children’s phone lines, as well. The provider then has 72 hours to respond to the request. This law is a massive victory for those victims in real danger. Previously, these individuals needed to go to the cell phone company directly and explain their story to yet another stranger, only to discover that transferring the numbers would be costly.

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DuPage County criminal defense lawyer, weapons legislation, Florida school shooting, gun laws, weapons chargesWithin the last decade, Illinois gun laws have relaxed as handguns are no longer banned and the gun registry program has fallen by the wayside. However, in the wake of the recent Florida school shooting, Illinois residents urge state and federal lawmakers to make a change to the current weapons legislation.

The Second Amendment

United States citizens have the right to keep and bear arms according to the U.S. Constitution. Explicitly, the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” It is because of these unalienable constitutional rights that the handgun ban is no longer in practice.

The Supreme Court ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home." McDonald v. City of Chicago (2010).

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DuPage County domestic violence defense attorney,  domestic violence charge, domestic violence, order of protection, abusive relationshipThe average lifespan lengthened tremendously over the last few decades with the assistance of medical advancements. However, with age also comes the general “wearing down” of the body, resulting in illness and disabilities. Only one in four adults over the age of 60 currently live on their own successfully, according to the U.S. Census Bureau.

These statistics leave our nation’s aging population in the care of someone else. Many families have no choice but to accept their aging parents into their homes, regardless of relationship or financial status. Unfortunately, parents are reluctant to relinquish their title as “head of the household” to their adult children. Children, in return, struggle to cope with the change in family dynamics, often resulting in rising tensions and occasionally a domestic violence charge.

Defining Domestic Violence

Domestic violence is often associated with violence between two spouses, but it is not always the case. The charge covers a wide variety of close relationships including children and stepchildren, former and current spouses, partners, roommates, those within a dating relationship, caregivers, and blood-related family members. Additionally, the parent-child relationship need not be physically abusive to qualify for such accusations.

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juvenile criminal records, criminal record, criminal record expungement, juvenile criminal case, Illinois juvenile crimeJuveniles who find themselves on the wrong side of the law will have an easier time getting arrest records expunged under a new state law aimed at giving youth a second chance.

The law allows for juvenile criminal records to automatically be expunged for various circumstances without a petition brought by the individual. It also repeals provisions pertaining to court proceedings. At the same time, the law removes the requirement that an individual be 21 years old to be eligible for expungement by petition.  

Under the law, records will be expunged after one year for arrests which occurred before an individual’s 18th birthday, if the offense was considered a Class 3 felony or would have been a lower offense if committed by an adult. If there was an adjudication of delinquency, records will be automatically expunged two years after the case was closed. 

The law also calls for records to be expunged 60 days after the dismissal of a petition of delinquency or a finding of not delinquent, along with the successful termination of an order of supervision. Records will also be expunged in the same duration if the offense was a Class B or C misdemeanor or deemed a lower offense if committed by an adult. 

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Illinois criminal defense lawyersAssault of any kind is a serious offense in the state of Illinois, but the consequences will often depend on the severity of the charge. For example, is the charge related to assault charges or aggravated assault charges? Learn what the differences are between the two, including how they vary in terms of potential consequence, with help from the following information.

Assault in Illinois

The law states that assault is an act in which one causes another person to believe they may be at risk for battery (physical harm). There does not need to be any evidence of harm, nor is one required to make physical contact with a person to be accused of assault. Instead, one can be charged with this act by shaking their fist in someone’s face, threatening them with words or body movement, or otherwise causing them to fear they may be in danger of bodily harm.

Straight and basic assault charges are typically considered a Class C misdemeanor. Consequences may include imprisonment for up to 30 days, fines, and possibly even a no-contact orders with the victim. However, individuals who have previous convictions or are charged with aggravated assault may face more serious consequences if they are eventually found guilty.

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