Posted on April 23, 2025 in Criminal Defense

Probation is generally awarded as an opportunity to start your life over and avoid jail time. Therefore, violating the terms can have serious consequences. When facing a probation violation charge, a Naperville, IL probation violations attorney can help you take action to protect your future. Whether you want to challenge the allegations, negotiate with the court, or prove that you have been compliant, having an experienced legal representative can be an asset to your case.

What Are Some Types of Probation Violations?

Probation violations can be divided into two categories: technical and substantive. Technical violations refer to any failure to meet the terms of your probation. Some common examples include:

• Receiving a positive drug test
• Failing to pay your fines or court costs
• Failing to complete the community service requirements

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 Posted on April 17, 2025 in Juvenile Offenses

Underage drinking can have serious consequences for minors or adults under 21, as well as anyone who assists in this illegal activity. Penalties for a conviction can cause major life disruptions and result in significant financial burdens.

If you are facing or have a child facing a charge related to underage drinking, such as driving under the influence (DUI), you need the assistance of an experienced Naperville, IL underage drinking defense attorney. These cases are nuanced and require careful consideration of the Illinois laws that apply when building a strong defense.

Illinois Laws That Apply to Underage Drinking

Illinois laws that every person under or over the legal drinking age should know include:

• 235 ILCS 5/6-20: This statute mandates a minimum age of 21 to consume alcohol and prohibits the purchase, possession, or acceptance of alcohol for minors and underage adults. Religious ceremonies that incorporate alcohol are an exception.

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 Posted on April 07, 2025 in Criminal Defense

Burglary is a felony in Illinois, carrying heavy penalties. It can be challenging to defend and requires extensive knowledge of the laws that govern these cases. If you are facing burglary charges, learn more about the basics of defending yourself and how a Naperville, IL burglary defense attorney can help you navigate the legal process.

What the Prosecution Must Prove in Burglary Cases

Actual theft is not a requirement for proving burglary in Illinois. To convict, the prosecution needs to prove that you entered a building, car, plane, or boat without authorization and at least attempted to steal something or commit another crime. For residential burglary, the prosecution must prove that you knowingly entered another person’s dwelling and intended to take something.

Intent is often the most difficult element to prove. It is hard for anyone to produce evidence of someone else’s state of mind under any circumstances. Should the prosecution fail to prove intent beyond a reasonable doubt, the charge will likely be dropped to criminal trespass, which is a lesser offense.

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 Posted on March 31, 2025 in Criminal Defense

People who are charged with criminal offenses in Illinois are typically required to appear in court at scheduled dates throughout the legal process. Failing to appear in court can result in serious legal consequences that could extend far beyond the original charges. If you are involved in legal proceedings, you need to understand the potential outcomes of missing your court date and what you might be able to do to address the situation. A qualified Illinois criminal defense lawyer can offer valuable guidance as you go through the process.

What Happens if I Fail to Appear on My Court Date?

Failing to appear in court in Illinois is a serious offense that can lead to additional charges and penalties beyond those you were scheduled to appear in court for in the first place. The specific consequences you could face depend on the nature of the original case and the circumstances surrounding your absence in court. Some potential outcomes include:

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 Posted on March 25, 2025 in Criminal Defense

Being accused of violating an order of protection in Illinois is a serious matter and you could end up facing significant legal consequences. There are many reasons why someone might be wrongly accused of this type of violation, ranging from an innocent misunderstanding to something more vindictive. Whatever the case may be, if you are accused of doing something to violate an order of protection, speak with an experienced Illinois criminal defense lawyer who can explain your options and protect your rights.

How Do Restraining Orders Work in Illinois?

A restraining order, officially known as an order of protection under Illinois law, is a court order intended to protect someone from abuse, harassment, or threats. These orders are often issued in cases involving domestic disputes, and they can place restrictions on where the accused can go, who they can contact, and what they can do. 

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 Posted on March 17, 2025 in DUI Law

Getting charged and convicted of driving under the influence (DUI) can have long-lasting consequences, including a criminal record that can follow you for years afterward. Since this can present challenges when you pursue educational, housing, and employment opportunities, you are likely wondering how long the DUI stays on your record. Speak with a qualified Illinois criminal defense lawyer to understand how he can help mitigate the impact of your DUI and protect your future.

How Long Does a DUI Stay on Someone’s Record?

In Illinois, a DUI conviction is considered a permanent mark on your driving record. Unlike some other offenses, it cannot be expunged or sealed. This means it will remain on your public record indefinitely.

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 Posted on March 06, 2025 in Criminal Defense

Being arrested for something you did not do can be an awful experience. If you find yourself in this situation, it is extremely important that you know your rights and understand your options within the criminal justice system. While Illinois law is intended to ensure fairness, there are certainly cases of injustice and wrongful convictions. A dedicated Illinois criminal defense lawyer can fight aggressively for justice to be served.

How Do Wrongful Arrests Happen?

Someone can be wrongfully arrested for a variety of reasons. Whether there was mistaken identity, fabricated evidence, or miscommunication between law enforcement officers, a wrongfully accused defendant is a victim of a serious miscarriage of justice. Illinois law demands that the police have probable cause to make an arrest, and if you are arrested based on false information or insufficient evidence to justify it, it is a violation of your rights. An experienced criminal defense attorney can help challenge the arrest and fight for your rights in court.

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 Posted on February 28, 2025 in Criminal Defense

In Illinois, there is no clear-cut answer about whether you are within your legal rights if you record a police officer while you are arrested. The reason why is that the First Amendment's freedom of expression and right to gather information and the state’s privacy laws can seem at odds with each other in some cases. 

Recently, awareness of the importance of gathering visual proof of what happens during an arrest has grown. As more people instinctively reach for their phones to film an arrest to make sure any violations of someone’s rights will not be silently accepted, it is important to understand that this could result in criminal charges. A qualified Illinois defense lawyer can explain your rights and protect your interests.

How Does the Illinois Eavesdropping Law Impact Accusations of Recording an Officer?

Illinois has some of the strictest privacy laws in the country, particularly its Eavesdropping Act, which states that it is illegal to record a conversation if you do not have the consent of everyone involved. However, there are certain exceptions when it is generally acceptable to record public officials, including police officers, even without getting their consent to do so.

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 Posted on February 24, 2025 in Criminal Defense

We are fortunate to live in a time when modern science and technology have developed medicines for a large variety of ailments. There are so many medications on the market that it is easy to just take something without stopping to think about it. However, some prescription drugs can affect you in certain ways, which is why some come with warnings about not operating heavy machinery while you take them.

You might have no idea you could potentially face legal trouble for just taking your medicine and going about your day, but some medicines can affect you enough that you could end up facing charges for driving under the influence (DUI). If you get pulled over when taking medicine and end up with a DUI charge, speak with a qualified Illinois criminal defense lawyer who can review your case and fight for your rights.

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 Posted on February 14, 2025 in Criminal Defense

It is no secret that you need money to afford to live. People coming out of jail trying to reintegrate into society are no exception. And to earn money, you need a job. Unfortunately, after a conviction, many people find that getting hired for a job is no simple task. Even if someone has the exact qualifications required for a job, their criminal record can keep their application from being seriously considered.

Fortunately, as awareness of these challenges has increased, the legal system has been developing ways to address this unfairness. If you believe you are being discriminated against in your job search because of your criminal record, speak with a compassionate Illinois criminal defense lawyer who can explain your options.

How Does Illinois Address Employment Challenges After a Conviction?

Illinois has adopted the Job Opportunities for Qualified Applicants Act, otherwise known as the Ban the Box policy. The purpose of this act is to make fair employment opportunities more accessible to job applicants with a criminal record. The name "Ban the Box" comes from a common question on job applications: "Do you have a criminal record?" Often, this question has a small box next to it where you are expected to write a checkmark if you have a criminal record.

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