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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
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.
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.
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.
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.
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:
Driver’s license suspension;
Revocation of a driver’s license;
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.
When you watch someone get arrested in the movies or on TV, you will often hear the law enforcement officer tell the person getting arrested:
These rights are commonly called a Miranda warning, after a famous U.S. Supreme Court case. However, how do these rights apply to you?
When Does Your Right to Remain Silent Start?
In the real world, it is possible to be arrested without having a police officer read you your rights. The right to remain silent described in the Miranda warning is the right to not incriminate yourself when you are in police custody and are being interrogated. If you are arrested and not questioned, you do not have to be given the warning. However, if you are arrested and interrogated, and you are not told about your rights, anything you say after your arrest may be thrown out by a judge.
One of the most common ways for people to get tangled up in the criminal justice system is by being arrested for driving under the influence (DUI). The consequences for a DUI depend many different factors, but can include jail or prison time and large fines. There are also consequences for your driving privileges that may last even if you are not convicted of a crime.
What DUI Means in Illinois
Under Illinois law if you are under 18 and you have any alcohol in your blood you will be charged with DUI. If you are operating a commercial vehicle with a Commercial Driver’s License, you will be charged with DUI if you have a blood alcohol content (BAC) of .04 or higher. Drivers over age 21 will be charged with DUI if their BAC is .08 or higher.
You can be charged even if your BAC is lower than .08, if a police office determines that you are too impaired to drive. If your blood has any traces of illegal drugs like marijuana or methamphetamine you will be charged with DUI. If you have prescription drugs in your system and a police officer judges you to be too impaired to drive, you will be charged with DUI.
If you have been arrested in Illinois, chances are your case will not go to trial. Almost 95 percent of criminal cases in the United States never reach trial and are instead resolved with a plea deal or a plea bargain. But, the decision to plead guilty and accept a plea bargain should not be taken lightly.
What is a Plea Bargain?
Prosecutors will often offer a criminal defendant a deal in order to entice them to plead guilty to a crime. The prosecutor may agree to drop some charges if the defendant pleads guilty. Another common part of a plea deal is the prosecutor agrees to recommend a lighter sentence in exchange for a guilty plea. You can think of a plea bargain like a contract. You agree to plead guilty to one or more crimes, and the prosecutor agrees to either drop some charges or recommend a certain sentence.
The Effects of a Plea Bargain
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