Recent Blog Posts
My Child Got Arrested for Drunk Driving. Now What?
The drinking age is 21 in Illinois. However, teenagers often experiment with alcohol before they are able to drink legally. Youth and inexperience are often a dangerous combination, and teenagers who drink may not realize how intoxicated they are. This may lead them to get behind the wheel of a car even if it is not safe or legal to do so.
For adults aged 21 or older, the legal limit for blood alcohol concentration (BAC) is 0.08 percent. However, for individuals under 21 years old, the legal limit for BAC is 0.00, meaning any amount of alcohol can lead to driver's license suspension and other penalties. A BAC over the legal limit can lead to the same DUI penalties that over-21 individuals face.
If your child was arrested for drunk driving, an experienced juvenile criminal defense lawyer can help you determine the best way to handle the situation and provide valuable legal advice to you and your child.
Illinois Prohibits Using Deceptive Interrogation Tactics on Juveniles
When a young person is accused of a criminal offense, he or she is often less equipped to deal with the situation than an older person may be. Teenagers and young adults may be more easily influenced by others and may not have a clear understanding of their legal rights. This can be a major problem when a young person is charged with a criminal offense such as theft, assault, illegal possession of a firearm, or drug possession.
Contrary to popular belief, police can and do lie to suspects during interrogations. Police may claim that they have evidence against the suspect or that a friend of the suspect implicated him or her in a crime even if it is not true. Officers may also imply that if the suspect confesses, he or she will be granted leniency or a lighter sentence–even though police officers are not the ones who determine sentencing.
Many people believe that these types of interrogation tactics greatly increase the chances of a false confession. In 2021, Governor JB Pritzker signed a new bill prohibiting deceptive interrogation techniques when dealing with juveniles under the age of 17.
How Are Juvenile Retail Theft Charges Handled in Illinois?
Juvenile crime has decreased over the past few years, but certain crimes still tend to be associated with teenagers. Each year, according to federal statistics, tens of thousands of juvenile suspects are arrested on suspicion of committing theft or larceny. In the United States, a juvenile is considered to be anyone who is under the age of 18. Although juveniles are typically not tried in the same court as adults, they may face similar charges and penalties that can become very serious rather quickly. Teenagers and young adults who are 18 years or older face adult criminal penalties.
What is Retail Theft?
Illinois law not only defines the offense of general theft, which occurs when someone unlawfully takes possession or control of property that belongs to someone else, but also the specific offense of retail theft. Retail theft occurs when a person takes possession of, carries away, or transfers any merchandise from a retail establishment with the purpose of depriving the merchant of the benefit or full or partial retail value of the merchandise.
Common Questions About the Illinois Juvenile Justice System
It is very scary for a parent when their child is charged with a crime, such as underage drinking or retail theft. One of the most frightening aspects is the fact that so many parents are unsure about what to expect, or the penalties their child will face. If your child has been charged with a criminal offense, answers to these common questions about the Illinois juvenile system may help you better understand what can happen.
When Are Minors Tried in Adult Court?
This is perhaps the most common question when a minor is charged with a crime, because a child being tried as an adult is typically the biggest fear for parents. The answer to this question largely depends on the type of criminal offense a minor is accused of committing. Minors aged 17 or younger who are charged with a misdemeanor will likely remain in the juvenile system.
When a minor who is at least 13 years old is accused of committing a felony offense, they may be transferred to adult criminal court, but only after a full hearing on the matter in front a judge. In order for a case to be transferred to adult court, the judge must consider a number of factors, including the seriousness of the alleged offense, the alleged use of a weapon, and the minor’s educational background and history of abuse.
What Should You as a Parent Expect From a Juvenile Defense Attorney?
When your child gets arrested, it is normal to feel angry and upset. However, being too emotional can make it hard to communicate effectively with your child, the police, and your child’s lawyer. It is important to remain calm so that you can work effectively with your juvenile defense lawyer to obtain the best possible outcome for your child. If you have not worked with a lawyer before, four things you can expect from a juvenile defense lawyer are the protection of your child’s legal rights, simple explanations of the process, a thorough investigation of the circumstances of your child’s case, and appropriate recommendations for your child’s defense.
Protecting Your Child’s Legal Rights
The first thing your child’s lawyer should do is make sure you and your child understand your legal rights within the Illinois juvenile justice system. For example, your child has the same rights as an adult to remain silent and to have a lawyer at their side to counsel them during any questioning by the police or the State’s Attorney. Your minor child also has the right to request that a parent or other adult family member be with them during questioning. Under Illinois law, the police must make a “reasonable attempt” to contact the juvenile’s parent or guardian before questioning the child.
Could a Juvenile Diversion Program Help Your Child Avoid Incarceration?
If you are a parent, you probably spend a great deal of time and energy worrying about your child and the decisions that they are making. Unfortunately, children and teenagers can sometimes get involved with the wrong crowd and make decisions that lead to formal charges being filed in juvenile court. Young people may behave in reckless or illegal ways because they are trying to fit in, they struggle with an addiction or mental health problem, or for other reasons. If your son or daughter has been accused of a crime, a diversion program may help them avoid jail time and turn their life around.
What is the Purpose of a Diversion or Intervention Program?
Juvenile detention is similar to adult incarceration. Minors who are convicted of a crime are sent to juvenile detention as a punishment for their wrongdoing. Generally speaking, juvenile diversion and intervention programs are an alternative to incarceration which may be more likely to help your child stay out of the criminal justice system in the future.
Managing Debt in Your Will County Divorce
Illinois couples who are considering a separation or divorce should also begin the process of evaluating their amount of consumer and other debts. When couples elect to divorce in Illinois, the partners are required to divide both their assets and debts between them. If the matter of debt and asset distribution is placed into the court system, the state’s equitable distribution guidelines will be used.
However, in most cases, these rules are not conducive to the wide variety of financial situations couples may be contending with. Also, it is important to understand that the state’s equitable distribution guidelines do not mean that all debts and assets will be divided equally. Instead, they will be divided in a manner that court deems to be fair and just based on the circumstances of the situation.
Prenuptial Agreements Often Fail to Include Provisions for Debt Accumulated While Married
In many cases, even if the couple had executed a prenuptial agreement that outlines the distribution of separate and marital assets, the issue of debt accumulated during the marriage was not included and planned for in the agreement. Many couples find that the best solution to amicably resolving the issue of debt accumulated during marriage is to work together to pay it off before beginning the divorce process. If this is not possible, each partner must be proactive about making sure that they do not take on more than their fair share of the total debt load.
How Can a Finalized Divorce Decree Be Modified in Illinois?
The purpose of divorce is to separate two peoples’ lives that have been intertwined through marriage. When two people get married, they not only combine their personal lives but also their financial lives. In order to divide them again during a divorce, a judge will decide what is a reasonable amount of marital property, spousal support, and/or child support to assign each spouse. These decisions are made based on several factors such as each spouse’s income, their contributions during the marriage, and their respective parental responsibilities. But, what happens if these factors change after the divorce is finalized? In a case like this, a divorced individual may need to seek a divorce decree modification.
Verbal Agreements Are Not Enforceable
Circumstances which would necessitate a divorce modification include substantial changes in income, illnesses, relocation, or remarriage. Generally, courts do not make changes to the original property or debt division, but modifications of spousal support or alimony, child support, and parenting time are more common. Couples who wish to modify the terms of their divorce agreements by way of a verbal agreement should be warned that such verbal agreements are not enforceable by the court. Modifications must be in writing and approved by the court to be effective.
Experts Recommend Avoiding Social Media During a Divorce
Social media apps like Instagram, Twitter, Facebook, and others are a ubiquitous part of everyday life. Status updates, pictures, and opinions are regularly shared, giving the world a cultivated view into people’s lives. However, during the divorce process, social media posts can receive greater scrutiny as your assets and your behavior could be factored into the final divorce settlement. It would be wise to limit or eliminate your social media presence if you are going through a divorce.
Ways Social Media Could Affect a Divorce
A preoccupation with social media can drive many couples apart. Many studies have shown a link between increased social media use and decreased marriage quality. It is even possible social media played a role in the end of your marriage, as has recently been cited in up to 20 percent of cases by divorce lawyers. You should not let a preoccupation with online posts continue into the divorce proceedings.
What to Know If You Are Facing Heroin-Related Charges in Illinois
If you are charged with crimes related to heroin possession, sales, delivery, or trafficking, the results can be life-shattering. Heroin is considered a Class I drug, meaning that it has a high likelihood for abuse and has no accepted medical use. While punishments for some drugs like marijuana are slowly lifting, heroin-related offenses are still aggressively prosecuted, often resulting in severe penalties including substantial fines and prison time. Working with an experienced drug crimes defense attorney is essential.
Heroin Possession Penalties in Illinois
All heroin-related crimes are charged as a felony. Here are the potential penalties for heroin possession, which increase based on the amount of heroin found:
- Up to 15 grams is a Class 4 felony with a minimum 1 to 3-year sentence and up to $25,000 in fines.
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From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
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