Recent Blog Posts
What Are the Penalties for Violating an Illinois Order of Protection?
Domestic abuse is a serious criminal offense in many states. According to the Illinois Domestic Violence law, any person who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has broken the law. In many cases, a spouse may accuse his or her partner of abuse during their marriage. If the alleged victim fears for his or her safety, he or she can obtain an order of protection. This is a legal document that restricts the alleged abuser from doing certain things. For example, contacting the alleged victim via phone or coming within a certain distance of his or her home or work. Any violation of a protective order can result in serious penalties in Illinois.
Types of Protective Orders
Often called a “restraining order,” an order of protection may be issued against someone who is accused of domestic violence. Basically, these types of orders prohibit an alleged abuser from continuing to threaten or abuse the person who obtained the order. Besides physical abuse, this may also include intimidation, interference with personal liberty, or willful deprivation.
The Dos and Don'ts of Being Arrested in Joliet
No one likes being arrested—not in Joliet and not anywhere else in the country. It can be an upsetting and frightening experience for you and for any family or friends who witness a police officer placing cuffs on you.
In light of recent police arrests across the country that have resulted in serious injury or death to the suspect being arrested, you may wonder what you should and should not do in such a situation.
Tips for a “Successful” Arrest Encounter
For suspects and those accused of a crime, a “successful” arrest is one in which you survive and do not further incriminate yourself. This can be accomplished by following these tips:
- DO remain polite and professional with the officer. DO NOT argue, raise your voice, threaten the officer, or resist arrest. Being combative, boisterous, or not following instructions will only escalate the situation and may result in the imposition of additional criminal charges.
When Your Jury is Not Comprised of “Your Peers”
Along with a criminal defendant’s right to remain silent, the right to have one’s case tried to a jury of “one’s peers” is one of the most important constitutional protections available for criminal defendants. This protection exists to help guarantee that a person is not convicted of a criminal offense through government overreach, but instead only upon evidence and testimony that convinces 12 individuals from the community of the defendant’s guilt beyond a reasonable doubt.
Juries are Supposed to Represent a Cross-Section of the Local Community
In theory, the 12 people who decide a particular Illinois criminal case are supposed to represent a “cross-section” of the community. That is, the individuals who sit on a jury to hear a particular case should represent the races, socioeconomic backgrounds, and education levels (amongst others) of average citizens in the community. If the community has a predominantly minority population, one would expect that a jury would be comprised of predominately minority individuals. This does not always happen, however.
Restitution in Personal and Property Damage Criminal Cases
It has long been a criticism of the criminal justice system that criminals are afforded greater protections and rights than the accused defendant. (This emphasis on the defendant’s rights is understandable when one considers that victims are not in jeopardy of being wrongly convicted and having their freedom and/or property wrongly taken.)
This criticism is not entirely unfounded: victims cannot choose whether the accused should accept a plea agreement, they cannot compel the accused to testify at trial and answer questions, and ultimately they cannot determine what sentence the accused should receive.
What is Restitution and Its Purpose?
Given the disproportionate emphasis on the defendant’s rights in a criminal proceeding in times past, there is increasing attention being paid to the victims of crime and the manner in which crime affects the lives of these individuals. Accordingly, many courts in Illinois and other jurisdictions order a convicted criminal to pay restitution to the individuals that his or her criminal activity harmed. The purpose of restitution is threefold:
Defending Against Charges of Sexual Assault in Joliet
Charges of sexual misconduct, such as sexual assault, are some of the most serious criminal charges that can be levied against you. In addition to the possibility of prolonged periods of incarceration, sexual assault charges can damage your reputation and standing in your community (sometimes even if no conviction actually results). For this reason, prompt and decisive action should be taken as soon as possible to address any charges of sexual assault or misconduct.
Defenses Available to Defendants Charged with Sexual Assault
When you first learn that you are charged with sexual assault stemming from a sexual encounter with another, you may feel despondent and as if there is no hope. The prosecution may attempt to pressure you into accepting a plea agreement by trying to convince you that you have no defense. This is not true: depending on the facts of your case, you may have one or more defenses available to you:
Low-Level Heroin Buyers Targeted in Reverse Sting Operation
Heroin use and distribution is a serious problem in Illinois, and in particular Chicago and the surrounding areas. To help combat the heroin epidemic, the Chicago Police Department has developed a unique drug diversion program where the police can offer drug dealers the opportunity to enter into a drug rehabilitation program instead of facing jail time for drug-related offenses. Due to the success of the program, which has been in use since the spring of 2016, the Chicago Police Department has decided to scale up the program to see if more low-level drug offenders would be keen to the idea of seeking treatment instead of going to jail.
In March, law enforcement set up a reverse sting operation where they lured low-level heroin users to a location on the pretenses that the heroin users could buy dime bags of heroin, according to the Chicago Sun Times. The operation was the first time that the program had been extended to drug purchasers. Forty-one people who were caught as a result of the reverse sting operation elected to enroll in the drug treatment program rather than face jail time.
Know the Difference Between Retail Shoplifting and Felony Theft
If you find yourself facing shoplifting charges, how will you know if the charges against you can be upgraded to include felony counts? While most citizens are likely to understand the basics of shoplifting, in Illinois there are laws that specifically target retail theft and are stricter than those in other states. Working with an experienced theft defense attorney is your best course of action for receiving the advice and counsel needed to face these potential challenges.
When Does Shoplifting Become a Felony?
The most basic definition of retail shoplifting is any instance when a person is alleged to take, possess, carry away, or transfer any retail merchandise; however, the intent to deprive the merchant of full value must be proven. Under this definition, a crime is said to be committed should the accused pay for the merchandise, but not pay full value—as if one were to change a price tag or “under ring” at checkout.
Strict or Lenient? Find Out How Illinois DUI Laws Rank
Illinois is in the middle of the pack when it comes to which state has the strictest DUI laws. According to a study by WalletHub, Illinois ranks 19th in its survey of DUI laws across the 50 states and Washington, D.C.
The five states with the strictest DUI laws are:
- Arizona (the most strict)
- Georgia
- Alaska
- Oklahoma
- Nebraska
The states with the five most lenient DUI laws are:
- Ohio
- Pennsylvania
- North Dakota
- District of Columbia
- South Dakota (the least strict)
In ranking the states’ laws, the study looked 15 factors, which included:
- Minimum fines and jail sentences for first and second convictions
- At what DUI conviction does it automatically become a felony
My Spouse Can Get My Domestic Battery Charge Dropped … Right?
Domestic battery charges in Illinois are a serious matter. A fight or argument that escalates and gets out of hand can easily result in law enforcement being called and you being placed in handcuffs. If criminal charges are filed against you, the first offense of domestic battery can result in a jail sentence of up to one year. If you have prior convictions for domestic battery, you may face between one and three years in prison. Because a conviction for domestic battery can result in such severe consequences, individuals charged with this offense may make every attempt to have the charges reduced or dismissed altogether.
The Victim’s Testimony is Important – But Not Necessarily Critical
One of the more common methods of seeking a dismissal that domestic battery defendants attempt to employ is to speak with the victim him- or herself and ask that he or she have the charges dropped. Setting aside for the moment any consideration of whether the defendant’s act of contacting the identified victim in a domestic battery case would violate the defendant’s conditions of bond, this method is not as effective as it might first appear.
Your Miranda Rights and Your Illinois Criminal Charges
Any fan of police dramas or law enforcement reality shows should be familiar with the Miranda warnings: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by the court.” These warnings – named after the decision in Miranda v. Arizona, which first required these warnings to be given – are a common feature in many Will County criminal cases.
When are Miranda Warnings Required?
However, law enforcement officers do not always give these Miranda warnings. While there may be some consequences to this decision, they may not necessarily be as serious as some criminal defendants might think:
- Suppression of statements made during a custodial interrogation: If you made statements after you had been placed under arrest or were in a situation in which a reasonable person would not have felt free to leave, these statements may be suppressed – that is, kept out of court – if they were made without the law enforcement officer first reading you your Miranda rights and having you knowingly and voluntarily waive those rights. This may significantly hamper the prosecution’s ability to present a successful criminal case against you.
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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.
Results listed are not a guarantee or indication of future case results.
58 North Chicago Street, Suite 404, Joliet, IL 60432815-885-5980
