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Child Pornography Possession Charges in Illinois

 Posted on May 21, 2024 in Sex Offenses

IL defense lawyerThe state of Illinois takes accusations related to child pornography very seriously, whether they involve the possession, distribution, or production of it. It is against the law to have minors in images or videos of a sexually explicit nature, and if any are found in your possession, law enforcement authorities will treat this very seriously. The consequences of a child pornography conviction are quite severe since they go far beyond the actual sentence handed down with a charge. People accused of involvement with child pornography often suffer a marred reputation and other life-damaging negative consequences for years after. If you are facing child pornography charges, speak with a skilled Naperville, IL criminal defense attorney who can review your case and build an aggressive defense to protect your rights.

What is Legally Considered Child Pornography?

Anytime a child is recorded, drawn, or otherwise depicted engaging in sexual conduct, it is considered child pornography according to Illinois law. This is true whether it exists in a video, photograph, audio file, animation, or any other kind of visual or digital media. Whether the child is nude, in a suggestive pose, or engaged in sexual contact, the law applies across all such scenarios.

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Identity Theft Charges in Illinois

 Posted on May 10, 2024 in Criminal Defense

IL defense lawyerThe world is almost unrecognizable from how it was only two generations ago. The internet and smart technology have become important parts of daily life, with applications that address almost everything people want or need. As access to this technology has spread, so have things like information leaks and irresponsible use. You might even be incriminated for someone else’s carelessness online. Identity theft is a felony offense in Illinois, and a conviction has the potential for serious consequences that could affect you far into your future. Below, we will discuss some of the ways you could be charged. If you are facing identity theft charges, speak with an experienced Naperville, IL criminal defense lawyer to understand how best to protect yourself.

Possession of Another’s Credit, Debit, or Identification Card

If you use someone else’s credit or debit card without their consent, whether the card was stolen or you used fraudulent means to obtain the card number, you could face charges. This is commonly charged as a Class 4 felony, but there could be Class 3 felony charges if you used at least three cards that did not belong to you within 12 months.

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Parents Charged with Criminal Child Abuse in Illinois

 Posted on May 03, 2024 in Criminal Defense

IL defense lawyerParents can be charged with physical, sexual, or emotional abuse, depending on various circumstances. If your child is injured, allowed to suffer harm, or in a situation with significant risk of injury - whether physical, sexual, or emotional - you can be charged with child abuse in Illinois. Sometimes, these charges can be a matter of life and death for the child, but sometimes, false accusations can force an innocent parent to suffer unnecessarily. If you have reason to believe you might face child abuse charges, speak with an experienced Naperville, IL defense attorney who can review your case and help build a defense to protect your rights.

Child Abuse Charges

While parents might be accused of child abuse under a variety of circumstances, the charges they face will depend in large part on the severity and nature of the specific situation in question Common child abuse charges in Illinois include:

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Can I Be Charged with Assault When Acting in Self-Defense?

 Posted on April 29, 2024 in Criminal Defense

IL defense lawyerWhen someone attacks you, you are entitled to fight them off to avoid getting hurt. Unfortunately, the person who attacked you first might claim that you attacked them, and it can be difficult to prove that you were acting in self-defense. They might have had the intention of injuring you, but if you manage to protect yourself and stop them from hurting you and you do not have proof that they attacked you first, you might face charges of assault, battery, aggravated assault, or aggravated battery. This can be a very unfair and overwhelming situation to be in. If this happens to you, contact a qualified Naperville, IL criminal defense lawyer who can help the court see what really happened.

What Does Self-Defense Entail?

If someone attacked you but got hurt as you defended yourself against their attack, they might try to claim that you attacked them first and pretend they were the victim. While proving what happened might feel necessary for the sake of justice, truth, and your reputation, there are practical reasons to do so as well. If you are charged with assault or battery, you could face serious consequences that you do not deserve if you were defending yourself against the true attacker. Serving a jail sentence and having a permanent criminal record does not seem fair if the so-called victim of your attack was trying to hurt you first.

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What Role Does Consent Play in a Sexual Assault Case?

 Posted on April 23, 2024 in Sex Offenses

IL defense lawyerBeing charged with a sex crime can be an awful experience. Society often looks down on people who are accused of committing sex crimes without knowing the facts of the case and even before a judge has had the opportunity to weigh in. One of the most serious accusations is sexual assault. You can face harsh penalties and fines, and even if you complete whatever sentence has been handed out, you could also face gossip, judgment, and stigma far into the future.

Accusations of sexual assault can be challenging because, to a large extent, they depend on the recollections of the people involved. If you are accused of robbing a store, there needs to be evidence that you committed the crime before you can be convicted. On the other hand, sexual assault convictions can be based on testimony and circumstantial evidence. Add to that the fact that the two individuals involved might have understood the situation differently. They may have started on the same page but if at some point one person changed their mind while the act was already happening, that side might feel they were assaulted while the other is convinced that both of them had wanted what happened. The implications of a sexual assault conviction can have a major impact on your life. Speak with an experienced Naperville, IL criminal defense attorney who can review your case and offer you guidance.

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I Have the Right to Remain Silent, But Should I?

 Posted on April 15, 2024 in Criminal Defense

IL defense lawyerIf you have ever watched a movie where someone gets arrested, there is a good chance that you heard the arresting officers tell that person, “You have the right to remain silent,” as they handcuff them and put them in the back of their police car. TV shows and movies are the reason why most Americans can rattle off a good portion of the Miranda warning, even if they do not fully understand what it all means. Getting arrested, especially for the first time, can be an overwhelming experience and you might feel intimidated into offering information that you are not required to give. Understanding your rights is crucial in a criminal arrest. A qualified Naperville, IL criminal defense attorney can offer insight into what you might expect and how you should conduct yourself if you get arrested to avoid incriminating yourself.

The Main Takeaway? Always Have a Lawyer Present

In most cases, during an arrest, the Miranda warning is recited out loud for people at the time of their arrest. There are some variations, but the most common include the following:

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Can a Juvenile Record Be Expunged in Illinois?

 Posted on April 04, 2024 in Juvenile Offenses

IL defense lawyerMost people would probably say they regret some of the decisions they made in their youth. For some people, mistakes they wish they had not made might be connected to the way they treated their parents or lied about studying for a test. For others, poor decision-making in their youth led them to commit juvenile offenses that could follow them into adulthood. Having a juvenile record can make it difficult for someone hoping for a fresh start at living a responsible life. Fortunately, in some cases, it is possible to get a juvenile record expunged. If this is something you are interested in, speak with a qualified Naperville, IL defense attorney to understand your options. 

What is Automatic Expungement?

Expungement is a legal way to have your criminal record officially erased, making it seem as if it never happened. In the state of Illinois, there are certain types of arrests or other contact with the police that are eligible for automatic expungement. By the first of January every year, these records can be expunged automatically. If you were younger than 18 years old when you were arrested, that criminal record can be expunged if certain conditions are met.

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What Makes Bribery a Federal Crime in Illinois? 

 Posted on March 29, 2024 in Criminal Defense

Naperville, IL bribery defense attorneyBribery, the act of offering, giving, receiving, or soliciting something of value with the intent to influence the actions of an individual in a position of authority, is a serious offense believed to damage public trust and the legal system. In Illinois, bribery is not only considered a moral wrong but also a federal crime with serious consequences for those involved. If you are facing bribery charges, you must act quickly to begin building your defense. Your first step should be hiring an experienced criminal defense attorney.

At Law Office of Philip R. Nathe, Attorney Nathe has ample experience in defending clients against serious federal crimes like bribery. Attorney Nathe is a former Assistant State’s Attorney, ensuring he knows every angle of the criminal process, both from the criminal defense and prosecutor’s sides. This unique knowledge and skillset ensure clients are fully protected under the law throughout their criminal proceedings. 

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What You Need to Know About the Crime of Burglary in Illinois 

 Posted on March 25, 2024 in Criminal Defense

Naperville, IL criminal defense attorneyBurglary, a crime that strikes at the heart of safety and security, is a serious offense that can have long-lasting consequences for those convicted of the crime. In Illinois, burglary laws are designed to protect individuals and property from unauthorized entry and theft. 

Understanding the particulars of burglary laws in Illinois is essential for anyone seeking to navigate the legal system, especially if you are facing charges. Remember, contacting a criminal defense lawyer is important to ensure your rights are safeguarded through the criminal process if you are facing burglary charges. 

At Law Office of Philip R. Nathe, our long experience representing Illinoisans charged with various crimes makes our firm the very best in defending clients against serious criminal charges like burglary. As a former Assistant State's Attorney, Attorney Nathe has a strong understanding of criminal law from both sides. As a result, those facing charges can trust that when they hire our firm, they will get our full effort and attention no matter how big or small their case is.

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Elements of Drug Trafficking in Illinois 

 Posted on March 17, 2024 in Criminal Defense

Naperville, IL drug trafficking defense lawyerDrug trafficking is a serious offense in Illinois, with severe legal consequences for those convicted. Understanding the key elements of drug trafficking can help individuals navigate the legal system effectively and protect their rights. If you are facing drug trafficking charges, you should strongly consider obtaining legal guidance from an attorney.

As a former Assistant State Attorney, Law Office of Philip R. Nathe understands the criminal process from both sides of the situation. As a result, Attorney Nathe understands what prosecutors are looking for and has long relationships with local prosecutors and judges. He can provide clients with unparalleled legal representation in criminal matters.

What is Drug Trafficking Technically? 

Drug trafficking involves the distribution, sale, transportation, or possession of illegal drugs. In Illinois, drug trafficking is a felony offense that carries significant penalties, such as multiple years in prison and expensive fines. The state takes a strong stance against drug trafficking to combat the illegal drug trade and protect public safety.

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