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Are There Any Defenses to an Illinois DUI Charge?
Illinois laws are designed to be tough on people who drive under the influence of alcohol or drugs. Still, sometimes law enforcement makes mistakes. While every case is unique, there are often good defenses to DUI charges. You have a right to a vigorous defense against criminal charges.
Common Defenses to DUI
Prosecutors and law enforcement often present their cases as being based on careful, trained observation and scientific evidence. However, there are often several defenses to DUI charges that demonstrate the real weaknesses in the prosecution’s case. Common DUI defenses include the following:
- Challenging the initial stop;
- Challenging the accuracy of the field sobriety tests;
- Challenging the accuracy of the Breathalyzer machine and operation; and
When Are Juveniles Tried in Adult Criminal Courts in Illinois?
Generally, children under the age of 18 are not considered adults. However, under Illinois law, some juvenile defendants can be tried as an adult and given adult penalties if convicted. Illinois has recently made some changes in the way cases involving defendants 17 and younger will be transferred to adult court.
Changes in the Law Effective January 1, 2016
After January 1, 2016, any child aged sixteen and older, who commits certain serious felonies, will automatically be tried in adult court. If the child is under age 16, then prosecutors will still be able to ask a judge to transfer the case to adult court. However, the transfer will not be automatic and the child’s attorney will be able to argue against the transfer to adult court.
Major Types of Illinois Property Crimes
Under Illinois law there are several different types of property crimes. Sometimes the names of the crimes can be confusing; they all seem to have the same meaning. Three common examples are theft, burglary and robbery. While in conversations these three terms might all be used to describe the same thing, under the law they are very different crimes.
What is Theft Under the Law?
Theft in Illinois is defined as taking or depriving another of the use of property without a legal right to the property. Theft covers many different types of actions—shoplifting, taking money from someone’s wallet, or stealing a car or bicycle are all theft crimes. The more valuable the property is that was stolen, the harsher the consequences.
Illinois Firearms Crimes
Illinois has some of the strictest firearms regulations in the country. Up until a key court ruling a few years ago, Illinois was the only state not to allow citizens to carry a concealed weapon under any circumstances. Even though Illinois now has a concealed weapons law, there are still many ways to violate the state’s firearms laws.
How to Legally Possess a Gun
Illinois requires anyone wanting to possess a gun to first obtain a Firearms Owner Identification Document (FOID). To get a FOID you have to submit to a background check and complete an application. The background check includes both a mental health check and a criminal background check.
Legal Consequences for Unlawful Possession of a Firearm
Sexting in Illinois
With the rapid growth of technology comes new challenges for law enforcement and lawmakers charged with keeping us safe. One challenge that continues to grow is the popularity of sexting, especially among teens and young adults. While many states still treat sexting with old child pornography statutes, Illinois has a more balanced approach.
Types of Crimes
It is a crime for minors to send or take sexually explicit images with any electronic device. This is a broad term that includes mobile phones and computers. Additionally, it is a crime to list the personally identifying contact information of a minor on any adult obscenity or child pornography website.
Adults who send sexually explicit images to minors also commit a crime under Illinois law. Illinois child pornography laws make it a crime to record or depict minors engaging in sexual acts or simulated sexual acts. Moreover, it is a crime for a parent to allow the conduct to occur.
When a Custody Dispute Becomes a Criminal Case
The emotions involved in a child custody dispute may cause the actions of a parent to cross the line from a vigorous pursuit to a criminal act. While some actions may cause you trouble with the family law judge involved in your case, or even get you held in contempt, other actions can result in your arrested and serving time in prison.
Interference with Visitation
Unlawful Visitation or Parenting Time Interference is a petty crime—it is punishable by a fine and is similar to a traffic infraction. However, if there are repeated problems, it becomes a Class A misdemeanor and you could face a maximum of one year in jail.
Interference occurs when you deprive someone else of his or her rights to visitation or custody in violation of a court order or judgment. This can happen when a child is detained or hidden from the individual who has rights to custody or visitation.
When Your Child is Arrested in Illinois
Criminal charges and arrests can unnerving for both the individuals involved and their families. However, when a child faces criminal trouble, the situation is often even more frightening. When a child is dealing with criminal charges, even if he or she is in juvenile court, those charges are just as serious as adult criminal charges.
Your Child’s Rights
When arrested, any person under the age of 18 has the same Constitutional rights as an adult. This includes the right to remain silent and the right to a lawyer. Often, people make the mistake of believing that a case involving a minor is not as serious, or it will go better if the child speaks with law enforcement. However, it critical that any individual who is being accused or charged with criminal conduct protect his or her rights and contact a lawyer as soon as possible.
Defending Against Charges of a Violent Crime
Violent crimes carry some of the harshest penalties in the criminal justice system, and when when you are accused or charged with a violent crime, it can be overwhelming. However, there are several steps that occur between an investigation and a conviction. Therefore, if you have been charged with a violent crime, you need a lawyer who is willing to give you a vigorous defense.
Investigation and Indictment
Because violent crimes often grab the most media attention, and because many prosecutors are dedicated to bringing violent criminals to justice as swiftly as possible, law enforcement often dedicates significant resources to investigating violent crimes. Still, this does not mean that mistakes are not made in the process.
Think Twice Before Paying Your Traffic Ticket
You may think that a traffic ticket is not a big deal. However, before you open your checkbook and pay the fine, you may want to know the potential consequences of that ticket. Some tickets are not just infractions—they could lead to criminal consequences.
Possible Consequences to Traffic Violations
Most traffic violations seem minor and receiving a speeding ticket or two in one's life is common. However, the consequences for many traffic infractions can be greater than you think. Possible consequences of receiving a traffic ticket include:
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Driver’s license suspension;
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Revocation of a driver’s license;
Can I Get an Illinois Arrest Erased from My Record?
The criminal justice system is built on the idea that every person is innocent until proven guilty. Still, if you have ever been arrested in Illinois, even if you were never convicted, or even charged, you have a criminal record in the system. However, Illinois law provides a way for you to have your record expunged, erasing all traces of any arrests or charges, under certain conditions.
Why Does an Expungement Matter?
We live in a connected world where everyone’s data is available to anyone who is willing to look hard enough. When you are arrested or charged, a criminal record is created for you in the system. The records exist even if the case is dropped or you are found not guilty.
Future employers, curious friends, or even strangers looking to harm you can find these records buried in your past. People may make judgments about you without understanding all of the facts.
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