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What Are Defenses to a Juvenile Criminal Trespass Charge?

 Posted on September 05, 2023 in Juvenile Offenses

Naperville, IL juvenile defense lawyerAs 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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How Will the Presence of a Child Passenger Affect DUI Charges?

 Posted on August 30, 2023 in DUI Law

Naperville, IL DUI lawyerDriving 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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What Are the Most Common Types of White Collar Crimes in Illinois?

 Posted on August 28, 2023 in Criminal Defense

Naperville, IL white collar criminal defense lawyerWhite 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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What Are the Consequences of Child Pornography Charges in Illinois?

 Posted on August 18, 2023 in Criminal Defense

Naperville, IL child sex crimes defense lawyerOffenses 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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What Is Robbery, Armed Robbery, or Aggravated Robbery in Illinois?

 Posted on August 11, 2023 in Criminal Defense

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073000050HCh%2E+V%2E+Art%2E+4%2E5&ActID=1999&ChapterID=55&SeqStart=28600000&SeqEnd=31100000In 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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Can a Parent Face Criminal Charges Related to Child Abuse or Neglect?

 Posted on July 28, 2023 in Criminal Defense

Naperville Child Abuse and Neglect Defense AttorneyChild 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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What Is the Offense of Online Solicitation of a Child in Illinois?

 Posted on July 26, 2023 in Sex Offenses

DuPage County Sex Crimes Defense AttorneyThe 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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What Are the Penalties for DUI Resulting in Injury or Death in Illinois?

 Posted on July 19, 2023 in Uncategorized

Naperville Aggravated DUI Defense AttorneyIf you have been charged with DUI (driving under the influence) in Illinois, and your actions allegedly resulted in someone else’s injury or death, you may face severe penalties. DUI accidents that cause harm to others are taken very seriously by the legal system, and the consequences can be life-altering. It is crucial to understand the potential penalties you may face if you are convicted of DUI or any related offenses following an accident in which someone was injured or killed. 

DUI With Injury

If drunk or intoxicated driving led to an accident, the specific charges you may face will depend on the types of injuries and other circumstances involved in the incident. In general, a DUI resulting in a serious bodily injury is a Class 4 felony in Illinois, considered an aggravated DUI. This charge may apply if a person suffered great bodily harm in an accident, which may involve injuries that are severe enough to require emergency medical treatment, such as lacerations requiring stitches, broken bones, or traumatic brain injuries. Class 4 felony charges may also apply if a person's injuries led to permanent disabilities or disfigurements, such as major scars or limb loss.

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Can You Go to Jail for Shoplifting in Illinois?

 Posted on July 13, 2023 in Criminal Defense

Naperville Retail Theft Defense AttorneyShoplifting is a crime that involves taking merchandise from a store without paying for it. In the state of Illinois, shoplifting is known as retail theft, and the specific charges and penalties will depend on the value of the items that were allegedly stolen. If you have been accused of shoplifting in Illinois, or if you have been arrested and charged with retail theft, it is important to understand the potential penalties you may face if you are convicted. In some cases, you could face felony charges, which could result in being sentenced to more than one year in jail and fines of up to $25,000.

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4 Reasons to Seal or Expunge Your Criminal Record

 Posted on June 30, 2023 in Criminal Defense

IL defense lawyerHaving a criminal record can stand in the way of a lot of things. Especially if your offense was a felony, you may find that a lot of doors are now closed to you. You should know that there may be options for moving past your criminal record and starting over. Expungement or sealing of your criminal record can effectively erase what happened and reopen doors for you in your future. It is important to note that not every offense can be sealed or expunged. Certain crimes, such as DUIs and sex offenses generally cannot be expunged or sealed. While the circumstances under which a criminal record can be expunged are quite limited, sealing the record is an option for many. If you are interested in trying to have your criminal record sealed or expunged, it is important to work with a qualified attorney. You may need to appear in court during the process, and it is best to be represented in these sometimes complicated proceedings.

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