Posted on October 25, 2023 in Criminal Defense

When a person commits a crime against another person or group based on their gender, race, religion, or sexual orientation, that is considered a hate crime. Hate crimes can be both non-violent and violent. Stalking and harassment can be just as much a hate crime as theft or assault. The difficulty is proving whether a crime is hateful or just a crime. A skilled defense attorney can help protect your rights and defend you in court if you are accused of a hate crime.

Proving a Hate Crime

A prosecutor must convince the judge or jury that the crime they committed also carried with it hateful intent. In this case, hateful means the crime was carried out specifically to target a person or group based on race, gender, creed, religion, political affiliation, or any other bias under Illinois hate crime law. Intent is the key factor when determining a hate crime offense. As not every crime against a member of the LGBTQ or a racial minority is a hate crime, it is up to the prosecutor to prove beyond a reasonable doubt the defendant's intention.

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 Posted on October 19, 2023 in DUI Law

When an officer pulls you over under suspicion of driving under the influence (DUI) they may request you to take a field sobriety test. A field sobriety test may consist of blowing into a breathalyzer or an array of physical feats such as walking a straight line and turning or standing on one leg. Individuals facing DUI charges should consult a criminal defense attorney as soon as possible. They can defend you against these charges and fight to get them reduced or thrown out.

Am I Legally Required to Take a Field Sobriety Test?

The short answer is no. You are not legally obligated to entertain a field sobriety test when an officer pulls you over. However, it is Illinois law that anyone who gets behind the wheel of a motor vehicle has given implied consent to testing. This means that refusal of a field sobriety test where you are found guilty of DUI charges will result in much stiffer penalties than had you initially obliged the officer. Though, if you are 100 percent confident in your ability to pass the test, it is in your best interest to take it. If you know that you will fail it, it can be a smarter choice not to take the test or else wind up facing multiple charges later in court.

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 Posted on October 11, 2023 in Criminal Defense

The outcome of your criminal defense case can depend on the quality of who you choose to defend you. Selecting the right attorney is almost as important as winning the case outright. No matter what you are being accused of, be it drug charges, sex offenses, or violent crimes, a good lawyer can be the difference between walking away or going away for a long time.

Do They Have a Good Reputation?

Choose an attorney who is respected. An attorney with a good reputation should have references or testimonials from past clients to back it up. Do your research within the legal community to vet an attorney before taking them on as your legal counsel. Use the Illinois State Bar Association to see if the attorney has any disciplinary history.

They Should Be Focused On Criminal Law

A criminal defense attorney should be focused on criminal law above all else. The attorney should be licensed to practice Illinois law. They should be knowledgeable about the criminal charges you are facing and be able to legally defend you against them. You can verify an attorney's license status on the Illinois State Bar Association website.

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 Posted on October 05, 2023 in Criminal Defense

Halloween season is upon us, and that usually means more than ghosts and ghouls are engaged in things they probably should not be doing. Driving under the influence (DUI), property crimes, disorderly conduct, and more can turn your trick or treat celebration into a nightmare. Avoid the outcomes of these crimes by properly planning ahead.

As Halloween approaches, it is a great idea to have a reliable and skilled attorney on speed dial, one with enough experience defending individuals accused of the common criminal occurrences that happen around this time of year.

Driving Under the Influence (DUI)

Drunk driving is a common crime committed around most holidays, not just Halloween. When there are festive parties available, the drinks are sure to flow. It creates a perfect disaster that ultimately involves getting behind the wheel and attempting to drive yourself home.

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 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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