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. 

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

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.

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?

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:

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.

The idea behind the program is that if drug addicts are offered the opportunity to overcome their addiction, maybe they can be rehabilitated, which in turn would reduce the number of people who are addicted to drugs and and can reduce the number of people who commit drug-related offenses.

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.

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:

1. Arizona (the most strict)
2. Georgia
3. Alaska
4. Oklahoma
5. Nebraska

The states with the five most lenient DUI laws are:

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.

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:

Many Will County residents believe that a traffic violation is a minor legal issue that does not require the assistance of an attorney.  Unfortunately, many people do not realize that even a minor traffic violation can result in serious consequences. You should consider consulting with an attorney for Joliet traffic violations. 

Traffic Violations in Will County

A driver in Joliet can be charged with many different types of traffic violations including:

The sight of flashing emergency lights in your rearview mirror is never pleasant. Depending on your circumstances, you may feel annoyed that your travel is interrupted – or you may be terrified of what will happen next, especially if you just left a bar or party where alcohol was served. You may even be confused as to why you are being pulled over, especially if you believe you were driving in a safe and prudent manner. A knowledgeable Joliet defense attorney may need to examine the facts of your case to determine if the officer’s stop of your vehicle was lawful.

Reasonable Suspicion is Needed to Stop a Vehicle in Illinois

Under Illinois law, a law enforcement officer needs reasonable suspicion that you have committed or are in the process of committing a crime before he or she can stop your car and investigate. Reasonable suspicion requires something more than a mere “hunch” or “gut feeling” that you are connected to criminal activity. This is satisfied if at the time law enforcement stops you the law enforcement officer:

If you have been charged with a crime, a criminal defense attorney can challenge evidence and effectively negotiate with prosecutors. However, if negotiating is not in your best interests, the lawyer has the option to present the case to a judge or jury to prove your innocence. It is important to take precautionary measures with dealing with a criminal charge. You could have a public defender handle your case, but if the charges are serious enough, hiring an experienced attorney can be better for your future.

1. A criminal defense lawyer can provide an in-depth analysis of your case.

You and your criminal attorney can sit down and speak privately about your case. At that time, you will be able to discuss and review the prosecutor’s evidence. Your attorney will then investigate the allegations and give you an honest and confidential review of your situation.