Recent Blog Posts
Juvenile Shoplifting in Illinois
People 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.
What to Expect When Facing Drug Possession Charges in Illinois
Being 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.
Three Potential Defense Strategies Against Fraudulent Check Charges in Illinois
A 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.
Illinois’ Most Common Violent Crimes
Violent 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:
Better Understanding Arraignments and Pleas
One 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.
Avoid An Unnecessary DUI On Valentine's Day
A driving 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.
Simple Battery vs Aggravated Battery
Illinois 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.
How Much Trouble Can I Be in for Writing Bad Checks?
Writing bad checks can land you in some serious hot water. If charged and convicted, you could be looking at time in prison and a hefty fine. Writing bad checks is considered check fraud and could fall under forgery or embezzlement, which are felony crimes. A felony is a permanent stain on your criminal record, which could negatively affect many aspects of your life. When charged with check fraud, you must seek a knowledgeable, skilled attorney to protect your rights.
The Penalties For Check Fraud
Attempting to knowingly and fraudulently obtain money, credits, funds, assets, or any property a financial institution owns can lead to massive legal repercussions and penalties. This falls under deceptive practices according to Illinois law. The amount of money involved will usually determine the penalties for the accused. Check fraud is a complex case that can encompass many fraudulent activities, such as:
Retail Theft Increases During the Holiday Season
The holiday season is approaching fast, and you can expect to see an uptick in receiving packages to your door, good cheer, and Mariah Carey singing on every radio station. According to law enforcement, you can also expect an uptick in retail theft. For whatever reason, theft is on the rise during the holiday season, which means that theft and larceny charges will also be on the rise. Facing these charges is always better with an experienced criminal defense attorney on your side.
Why Theft Rises During the Holidays
There is no one definitive answer to why holidays see a rise in theft. Theft occurs for many reasons that may be amplified by the time of season. Stress is likely the main culprit as it can connect with many holiday-related issues. Family get-togethers, losing a job, substance abuse, and financial complications can all be reasons someone may choose to commit larceny.
The Most Common Juvenile Offenses Committed in Illinois
Most juveniles commit no more than petty crimes to some degree in their more rebellious years. However, it is not uncommon for a juvenile to also be charged with a crime. Getting a call from a police officer letting you know that your child has been arrested can be a nerve-racking experience. To fight for your child's future and help prevent a recurrence of criminal activity, you should work with a juvenile crimes defense attorney.
Theft/Larceny
Considered by some to be the "gateway crime" for juveniles, their criminal activity will often begin with petty theft or larceny. A teen might steal something easily replaceable, like a pack of gum or trading cards from a convenience or department store. They are not so bad on the surface, but these unremarkable crimes can quickly turn into criminal theft in their later years, especially if these minor crimes go unpunished as they tend to do. First-time offenders may have a chance at rehabilitation for charges of petty crimes that could help them steer clear of a tarnished educational and occupational future.