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How Does Illinois’ New Pretrial Fairness Act Impact Defendants?

 Posted on December 19, 2024 in Criminal Defense

Naperville, IL DUI Defense LawyerIllinois’ Pretrial Fairness Act (PFA), which is part of the SAFE-T Act, has made significant changes to the state’s criminal justice system. Some of the biggest impacts have been the elimination of the cash bail system and changes to how release decisions are made.

This reform impacts how defendants are treated before their cases are resolved. If you are accused of a crime, speak with a knowledgeable Naperville, IL criminal defense lawyer to understand how this act can protect your rights as you face charges.

No More Cash Bail in Illinois

Before the PFA, defendants who were arrested and charged with a crime often had to post a cash bail to get released from prison before their trial. Defendants who could not afford bail had to stay in jail until their trial when other defendants facing similar charges who had the means could be released. This system created unfair challenges for people based on their ability to pay, even if they were accused of minor offenses.

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Evolving Laws Surrounding Ghost Guns

 Posted on December 12, 2024 in Criminal Defense

Naperville, IL Weapon Crimes LawyerThe recent high-profile murder of the CEO of UnitedHealthcare has raised many questions across the country. One major topic emerging in the aftermath of the shooting is focused on ghost guns since one was likely used in the incident. As shootings around the country have increasingly involved ghost guns, some have been calling for more regulations on these weapons.

Ghost guns are untraceable firearms that are generally assembled from kits or by 3D printing the parts. They do not have serial numbers and until now have not typically been subject to the same regulatory requirements as traditional firearms. If you have questions about the legal implications of ghost guns, a qualified Naperville, IL criminal defense lawyer can help.

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Can the Police Lie to You about Having Evidence?

 Posted on December 05, 2024 in Criminal Defense

Naperville, IL Criminal LawyerIf you are arrested or questioned by the police and they tell you they have enough evidence to convict you, you might be compelled to confess to something you otherwise would not. If you are told that your fingerprints were found at a crime scene or that the police have witnesses or video footage proving your guilt, you might be nervous enough about how it all looks to make an illogical decision. 

While it might seem unfair, the police are allowed to use deception as a tactic during interrogations. However, that does not mean that you should believe everything they say or speak to them without understanding your rights. To understand more about how to protect yourself during a criminal investigation, speak with an experienced Naperville, IL criminal defense lawyer.

Why Do the Police Lie?

Police officers sometimes lie about evidence as part of their interrogation strategy to get a suspect to confess or provide more information. They might say they have evidence when they do not, hoping that will make you panic and admit guilt. They might exaggerate the strength or validity of their evidence to make you believe that you will not be helped by resisting arrest or staying silent.

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How are Deceptive Practices Punished in Illinois?

 Posted on November 27, 2024 in Criminal Defense

Naperville, IL criminal defense lawyerThe term "deceptive practices" describes crimes that involve fraud or dishonesty. These crimes are usually committed for personal or financial gain and often involve tricking people into believing something that is not true. Whether deceptive practices are carried out through false advertising, credit card fraud, or identity theft, they can harm people and businesses.

Illinois law comes down hard on crimes that are considered deceptive practices, with specific penalties for these convictions. However, since "deceptive practices" is a legal term that people who are not lawyers or police officers may not fully understand, there can be confusion about what exactly falls under the category. If you have specific questions, a knowledgeable Naperville, IL criminal defense attorney can help you understand the charges and penalties for deceptive practices.

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Can AI Falsely Identify Me in a Criminal Investigation?

 Posted on November 22, 2024 in Criminal Defense

Naperville, IL criminal defense lawyerArtificial intelligence (AI) is becoming an increasingly common tool used by law enforcement to solve crimes. From facial recognition to social media analysis, AI has helped police identify suspects, track criminal activity, and predict where crimes might happen.

However, even AI is not perfect. Cases of mistaken identity leading to innocent people being wrongly accused raise questions about how this can be addressed. If you are facing criminal charges after being falsely identified by AI, speak with a skilled Naperville, IL criminal defense lawyer to understand your options.

How Does AI Work in Criminal Investigations?

AI technology in criminal investigations often uses databases to search for clues or suspects. For example, facial recognition software can compare images of people from security footage with photos in a police database. If there is a match, the person is flagged for further investigation.

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Post-Conviction DNA Testing in Illinois

 Posted on November 14, 2024 in Criminal Defense

Naperville, IL criminal defense attorneyDNA is now a common aspect of many criminal cases. During police investigations, DNA evidence often plays a crucial role. However, that was not always true, and many cases that could have benefitted from exonerating DNA evidence have instead resulted in wrongful convictions.

In recent years, technological advancements have made it possible to run DNA tests in older, already-convicted cases, leading to dozens of exonerations. Illinois is a leader in addressing this issue by establishing processes and legal frameworks for post-conviction DNA testing that can provide people convicted of a crime with an opportunity to demonstrate their innocence, even years after they were convicted. To learn more about post-conviction DNA testing, speak with a qualified Naperville, IL criminal defense attorney.

How Does Post-Conviction DNA Testing Work?

Someone convicted of a crime can request post-conviction DNA testing. Various types of evidence, including blood, hair, or semen samples collected during the original investigation, can be tested against the petitioner's DNA. The post-conviction DNA testing appeal process includes the following steps:

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Can I Avoid Registering as a Sex Offender in Illinois?

 Posted on November 07, 2024 in Sex Offenses

Naperville, IL Sex Offender Registration LawyerMany people are familiar with the concept of registering as a sex offender. If convicted of certain sex crimes, you need to add your name to the Illinois sex offender registry. However, doing so can result in consequences beyond whatever sentence you were given. You might miss out on education, employment, housing, or other opportunities because of this record. While some might be motivated not to register, failure to do so can result in serious legal implications. If you are facing sex crime charges and are wondering what might happen if you do not register as required, an experienced Naperville, IL criminal defense lawyer can offer helpful legal guidance.

What Is the Law About Registering as a Sex Offender in Illinois?

According to Illinois’ Sex Offender Registration Act, people convicted of certain sex crimes must register with local law enforcement within three days of moving somewhere and establishing residency there. Convicted sex offenders need to update their information whenever their circumstances change, and if those stay the same, then they need to validate their information every year.

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Can Illinois Police Search Your Car Without a Warrant?

 Posted on October 30, 2024 in Criminal Defense

IL defense lawyerIf police catch you doing something wrong while driving, they can pull you over. If they see you speeding, changing lanes without signaling, or holding a phone while driving, they are authorized to stop you. Even without a warrant and without intending to conduct a search, police might happen to see drugs or something else illegal in your car when they pull you over, and things can escalate quickly. If this happened to you, speak with a skilled Naperville, IL criminal defense lawyer to review your case and understand your options.

Protection against Unlawful Searches

The Fourth Amendment to the U.S. Constitution protects people against unreasonable searches. That means that police need a warrant to search a vehicle unless they have "probable cause," or good reason to believe that it contains something illegal or evidence of something illegal. If the police violate the Fourth Amendment, evidence they obtained during an unlawful search might be excluded in court.

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Is AI-Generated Child Porn Penalized the Same as Authentic Content?

 Posted on October 21, 2024 in Sex Offenses

Naperville criminal defense lawyerWe live in a time where technology can be used to generate images and other content, eliminating the need to photograph or film real people. This has had a major impact on many fields, and the pornography industry is no exception. Some people have been gravitating toward AI-generated porn to avoid charges they could face for possessing certain material depicting actual people. However, a new bill being advanced in Illinois could mean that creating and sharing AI-generated content would be liable for the same penalties as actual child pornography. To learn more, speak with a qualified Naperville, IL criminal defense lawyer.

What is Considered Dissemination of Child Pornography?

For something to be considered child pornography, it needs to include a sexually explicit visual depiction of a child who is younger than 18. According to Illinois law, there are two categories of actions that can be considered the dissemination or spreading of child pornography:

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What Happens When College Students Get Arrested at Political Protests?

 Posted on October 14, 2024 in Criminal Defense

Naperville criminal defense lawyerWith another academic year underway, college campuses across the country are the common hosts of political protests and demonstrations focusing on all sorts of issues. College is a wonderful time for people to explore and learn more about themselves and the world around them, and students often find it exciting to feel they are doing their part to make the change they want to see.

However, political protests can sometimes turn violent without much warning. There could be a huge group of people protesting peacefully when suddenly a small group of extremists turns the dynamic into something very different. Students who are not interested in rioting and chaos can find themselves in the middle of it all and get arrested. If this happens to you or your child, contact a skilled Illinois criminal defense lawyer for help.

What Should I Do if I Get Arrested?

If you get arrested at a political protest, you need to be careful about how you react. There are ways you can act that could make matters much worse. Expressing your opinion in a country that respects the freedom of speech should not ruin your future. The following steps can help you try to keep the situation under control:

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