Posted on September 27, 2023 in Criminal Defense

A police officer who suspects you to have been driving under the influence (DUI) of alcohol can pull you over and request a breathalyzer test. Illinois law considers driving a privilege, and as such, once you are behind the wheel of a vehicle you are giving implied consent to being tested.

Refusal of a breathalyzer test can result in serious legal consequences even if you have not been drinking at all. For this reason, it is important to hire legal representation to help fight any charges you might be facing.

Implied Consent

Illinois is an "implied consent" state, which means that all drivers who operate a motor vehicle in the state are deemed to have consented to chemical testing of their blood alcohol content (BAC) upon request by a law enforcement officer. This means that if you are pulled over and asked to take a breathalyzer test, you are legally required to do so.

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 Posted on September 24, 2023 in Sex Offenses

Illinois is one of eight states where the legal age of consent for sexual contact is 17 years old. Anyone who engages in sexual activity with a partner under the age of consent is breaking the law and can be charged with crimes ranging from a misdemeanor to a felony. This includes minors with adults as well as minors with other minors.

Are you being accused of criminal sexual abuse or assault? Then it is in your best interest to speak to a lawyer immediately. These are serious crimes with serious penalties, and you need someone on your side to protect your rights.

Are There Close-In-Age Exemptions in Illinois?

Close-in-age exemptions, often referred to as “Romeo and Juliet laws'' do not exist in Illinois' Age of Consent law. In Illinois, Individuals who engage in sexual activity with someone under the age of consent can face legal prosecution, regardless of their age or the age of their partner. Even if two people are both under the age of consent, they can still be subject to statutory rape charges. This is because the law recognizes that minors are not always able to give truly informed consent to sexual activity.

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 Posted on September 12, 2023 in Sex Offenses

Sex crime cases are some of the most serious and sensitive cases that can be prosecuted. The accused faces the possibility of long prison sentences, registration as a sex offender, and other lifelong consequences.

It is important to have experienced legal representation in these cases to protect your rights and interests. The sooner you get legal representation, the better your chances of a positive outcome.

A criminal defense attorney in Illinois can help you in many ways in a sex crime case. They can:

• Investigate the case and gather evidence to support your defense

• Negotiate with the prosecutor to try to get a reduced charge or a plea deal

• Represent you in court and cross-examine witnesses

• Appeal the case if you are convicted

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 Posted on September 05, 2023 in Juvenile Offenses

As a parent, you must understand how to mount a defense when your child has been charged with criminal trespass in Illinois. There are a few common defenses that can be used in this scenario. These defenses can help make it easier on your child when dealing with the legal repercussions of the charges they may be facing.

To understand the legal proceedings, when a child is charged with criminal trespass, it is important to speak to an attorney as soon as possible. An Illinois criminal defense attorney can help you understand the charges against your child and develop a defense strategy that preserves your child’s rights.

Expressed or Implied Consent

A child with consent from the property owner or occupant to be on the property cannot be charged with criminal trespass. This consent can be express or implied. Express consent means that the property owner or occupant explicitly gave your child permission to be on the property. Implied consent is when the property owner or occupant's actions or words indicated that they were okay with your child being on the property.

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 Posted on August 30, 2023 in DUI Law

Driving under the influence (DUI) is a serious offense. Any DUI charges can lead to serious penalties, including large fines, possible jail time, and the loss of your driver’s license. However, there are some issues that can make DUI charges even more serious, and in some cases, felony charges may apply. 

Child passengers are one issue that can increase the severity of DUI charges. Depending on whether you had any previous DUI convictions and whether the child suffered an injury, these cases can have legal consequences that will follow you for the rest of your life. If you are facing DUI charges involving a child passenger, an experienced attorney can help you understand your options for defense.

Increased DUI Charges in Cases Involving Child Passengers

Under Illinois law, driving under the influence with a child passenger in your vehicle can lead to enhanced penalties. People who choose to drive while impaired not only put their own lives at risk, but they can also cause harm to those around them, especially any children who were in a vehicle at the time of an offense.

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 Posted on August 28, 2023 in Criminal Defense

White collar crimes are non-violent offenses that usually involve deceit, deception, or breach of trust for financial gain. These types of crimes are often committed by individuals in positions of power or authority within businesses, corporations, or government entities. In Illinois, white collar crimes can have serious legal consequences, and they can result in hefty fines and even imprisonment. Some common types of white collar offenses that may lead to criminal charges in Illinois include:

1. Fraud

Fraud is one of the most prevalent forms of white collar crime in Illinois. It involves intentional deception or misrepresentation that results in financial loss to another individual or entity. Some common forms of fraud include:

• Insurance fraud: A person or business may be accused of submitting false claims to insurance companies for personal gain.

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 Posted on August 18, 2023 in Criminal Defense

Offenses related to child pornography are serious crimes that may involve the production, distribution, or possession of sexually explicit images or videos involving minors. In Illinois, child pornography charges are taken very seriously by law enforcement officials and prosecutors, and they carry severe consequences for people who are convicted of these offenses. If you or someone you know are facing child pornography charges in Illinois, it is crucial to understand the potential legal ramifications, and with the help of a criminal defense attorney, you can take steps to defend against these charges and avoid a sex crime conviction.

The Legal Definition of Child Pornography

Under Illinois law, child pornography is defined as any visual depiction that involves a minor engaging in sexual conduct. This includes photographs, videos, digital media, or any other types of visual media that depict sexual acts involving minors. The sexual acts depicted may include actual or simulated sexual intercourse, masturbation, fondling or lewd touching, sadomasochism, nudity, or suggestive poses and postures.

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 Posted on August 11, 2023 in Criminal Defense

In the state of Illinois, robbery is a serious crime that involves stealing property from another person through the use of force or threats to commit harm. There are different degrees of robbery depending on the circumstances and severity of the offense. By understanding what constitutes robbery, armed robbery, and aggravated robbery according to Illinois law and working with an experienced criminal defense attorney, people charged with these offenses can determine their best options for defending against a conviction.

Robbery

Robbery is defined as knowingly taking property from another individual by using force or threatening the imminent use of force. In order for an act to be classified as a robbery, it must involve both theft (the taking of another person’s property) and assault (force or threat). The value or type of property stolen does not necessarily matter; rather, it is the act itself that defines the crime. Robberies can occur in a variety of situations, such as street muggings, carjackings, or home invasions. In some cases, charges such as burglary or vehicular hijacking may also apply in addition to robbery.

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 Posted on July 28, 2023 in Criminal Defense

Child abuse and neglect are serious offenses that can have long-lasting effects on a child's physical and emotional well-being. In the state of Illinois, parents can face criminal charges if they are accused of abuse or neglect of their children. These charges can carry severe penalties, including imprisonment and the loss of parental rights.

Child Abuse and Neglect Laws in Illinois

Under Illinois law, child abuse may involve the infliction of injuries to a child, allowing a child to suffer harm, or putting a child in a situation where there is a substantial risk that they may be seriously injured or killed. Child neglect may involve a failure to provide a child with the necessary food, clothing, shelter, and medical treatment or allowing a child to live in an environment where their health, safety, and well-being may be at risk. 

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 Posted on July 26, 2023 in Sex Offenses

The state of Illinois takes the safety and well-being of children very seriously. In an effort to protect minors from online predators, the state has enacted laws specifically targeting those who contact children over the internet and attempt to engage in inappropriate sexual behavior. The offense of online solicitation of a child involves using the internet or other electronic means to communicate with a minor for the purpose of engaging in sexual activity. This is a very serious sex crime, and anyone who has been accused of this offense or any other related charges will need to understand the potential consequences they may face.

Definition of Online Solicitation of a Child

Under Illinois law, online solicitation of a child is defined as knowingly using a computer, internet service, or any other electronic means to seduce, lure, or entice a child under the age of 17 to engage in acts of sexual intercourse or other sexual conduct. The offense can be committed through various forms of communication, including social media platforms, chat rooms, instant messaging, email, or any other online platform that allows for direct communication.

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