Naperville Illinois Criminal Defense Law Blog

Teacher sentenced to 10 years in prison for sexual assault

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Wednesday, February 12, 2020.

On Jan. 31, an Illinois woman was sentenced to 10 years in prison for sexually assaulting two teenage boys. She will also be placed under two years of mandatory monitoring after her release and will have to register as a sex offender for the remainder of her life.

According to media reports, the defendant, a 31-year-old resident of Geneva, was formerly employed as a teacher at Carpentersville Middle School. Between July 2013 and May 2015, she reportedly had sex with two different 14-year-old boys who attended the school. She was not their teacher at the time the incidents occurred, but she previously taught and tutored one of the boys. She was additionally accused of giving both of them marijuana.

State's attorney seeking special prosecutor in DUI case

On behalf of Law Office of Philip R. Nathe posted in criminal defense - dui laws on Thursday, January 30, 2020.

A special prosecutor may be appointed in a case involving an Illinois police officer who is facing a drunk driving charge in connection with a Jan. 19 motor vehicle accident that claimed the life of one of her colleagues. The motion to appoint a special prosecutor was made by the Will County State's Attorney's Office to avoid a possible conflict of interest. The 12-year veteran of the Joliet Police Department has been charged with driving under the influence of alcohol and driving too fast for prevailing road conditions.

The fatal accident occurred near the intersection of Interstate 55 and U.S. Route 30 in Plainfield. According to a police report, an intoxicated driver lost control of his Nissan sedan and struck a box truck that was preparing to make a right turn from I-55 onto U.S. Route 30. The officer's Dodge SUV then struck the rear of the box truck. The officer's passenger was killed in the accident. The 33-year-old man was also a police officer. Both officers were off duty when the crash took place.

Illinois coach sentenced for inappropriate relationship

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Friday, January 17, 2020.

A 23-year-old high school coach and former athlete was sentenced to serve 90 days in jail after she entered a guilty plea to engaging in criminal sexual abuse of someone who was more than five years younger than her. The woman will serve a probationary sentence until Dec. 20, 2021.

The coach was arrested and charged with a class 1 felony in August 2019. She worked at Washington Community High School in Tazewell County, Illinois, as a freshman girls' basketball and volleyball coach.

What's the right approach to your DUI defense?

On behalf of Law Office of Philip R. Nathe on Friday, January 10, 2020.

Seeing the flashing lights of a police car in your rearview mirror can ruin an enjoyable evening out. One minute you were driving home from dinner, and the next you have a police officer outside of your car window because of suspected drunk driving. This is a serious situation. Do you know what to do next?

DUI charges in Illinois come with various penalties that are quite serious. This can include time behind bars, loss of driving privileges and more. You know that you need to fight back for the sake of your future interests, but is there anything you can really do except plead guilty and accept the consequences? In reality, there are several approaches you can take with a defense strategy that will allow you to effectively confront the charges against you.

Removing the statute of limitations for sex crimes against adults

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Thursday, January 2, 2020.

Illinois residents may be interested in the effect that House Bill 2135, which lawmakers passed over the spring of 2019, will have on the statute of limitations for sexual assault crimes in that state. Removing the statute of limitations may allow prosecutors to prosecute sexual assaults that took place years into the past.

Lawmakers and those involved with crafting the law feel that this sends a clear message showing just how serious the state views sexual assault. Prior to this law, victims had three years to report their attack the law enforcement. Prosecutors had 10 years to file charges against the alleged offender.

Traffic safety a point of emphasis this holiday season

On behalf of Law Office of Philip R. Nathe posted in criminal defense - dui laws on Friday, December 20, 2019.

Through Jan. 2, police in Illinois will be taking part in a Drive Sober or Get Pulled Over campaign. According to data from the Fatality Analysis Reporting System, 839 people were killed in drunk driving accidents in December 2018. Of those deaths, 285 occurred during the Christmas and New Year holiday period. Authorities urge individuals who are planning on drinking alcohol to designate a driver or to use a ride sharing service to get home safely.

Individuals who notice that a friend or family member is impaired are encouraged to take that person's keys away. They are also encouraged to either drive that person home or arrange an alternate mode of transportation for an impaired individual. Those who see an impaired driver on the road should call 911 as soon as it is safe to do so.

Illinois Supreme Court overturns sex offender internet ban

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Friday, December 6, 2019.

The Illinois Supreme Court ruled on Nov. 21 that prohibiting convicted sex offenders from accessing social media websites like Twitter, Instagram, Facebook and LinkedIn violated the First Amendment right to free speech. The six participating justices voted unanimously to overturn the state law ban. Chief Justice Anne Burke did not take part in the proceedings. The justices heard arguments in a case involving a man who was sentenced to four years of probation in McLean County for the sexual abuse of a minor. The man committed his crime when he was a teenager and did not use the internet to contact his victim.

The justices were unconvinced by prosecutors who argued that the social media ban helped to rehabilitate sex offenders by eliminating a source of temptation. One justice pointed out that the law does not differentiate between offenders who used the internet to orchestrate and commit their crimes and those who did not.

Parents of mass murderer face sexual assault charges

On behalf of Law Office of Philip R. Nathe posted in criminal defense - sex offenses on Thursday, November 21, 2019.

The parents of an Illinois man who is serving multiple life sentences for a week-long killing spree in 2008 have been charged in connection with the alleged predatory sexual assault of a child. Police have released only scant details of the investigation because a minor is involved. The couple, who are both 62 years of age, were taken into custody on Nov. 14 when the Rock Falls Police Department executed warrants that had been issued in Whiteside County.

The man is charged with a raft of sex offenses including multiple counts of predatory sexual assault of a child and attempted sexual assault. All of the charges against him are felonies, and he could be sentenced to up to 143 years in prison if he is convicted on all counts. He is being kept without bond at the Whiteside County Jail. The woman has been charged with a single count of endangering the welfare of a child for allegedly failing to report her husband's behavior to the authorities. She was let out of custody after posting bond, according to media reports. Initial media reports do not reveal when the couple are scheduled to appear in court again.

False accusations of domestic abuse can complicate your life

On behalf of Law Office of Philip R. Nathe on Sunday, November 17, 2019.

Perhaps few criminal charges can change your life so quickly and as completely as a domestic violence charge. One reason is because many who face such charges never see it coming. They have not been abusive toward their spouses or partners, and they may have done little more than raise their voices during an argument.

Unfortunately, anyone dealing with accusations of domestic abuse must also deal with laws that give the benefit of the doubt to the accuser. In fact, this is often the reason why someone going through a divorce or custody battle may use domestic abuse accusations as a weapon to gain an advantage in these legal proceedings.

Police in Illinois worry about looming marijuana legalization

On behalf of Law Office of Philip R. Nathe posted in criminal defense - dui laws on Thursday, November 7, 2019.

Many senior law enforcement officials in Illinois anticipate facing significantly higher overtime, equipment and training costs after the recreational use of marijuana becomes legal in the state on Jan. 1, 2020. Determining whether or not a driver is operating a motor vehicle while under the influence of alcohol can be done at the roadside in just a few minutes with portable breath-testing devices, but matters become far more complex when drug use is suspected.

In these situations, suspected drugged drivers are taken by police to a nearby hospital. Officers must then obtain a search warrant to collect blood and urine samples from the suspect for testing. The legal limit for THC in the bloodstream is five nanograms per milliliter in Illinois. These additional steps will add at least an hour to DUI traffic stops according to police officials. This is a concern because many police departments in Illinois are understaffed and lack the resources to pay additional overtime.