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Illinois defense lawyerUnfortunately, one of the most abundant crimes in the United States is domestic violence. An estimated 12 million people are affected by domestic violence in the U.S. each year, according to The National Domestic Violence Hotline. Facing domestic violence charges can be a complicated and emotional process, but a good place to start is to understand the laws and consequences concerning domestic violence.

Illinois Definitions of Domestic Violence

In the state of Illinois, an event is deemed domestic violence if the act of abuse is perpetrated against a family or household member.

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Illinois defense lawyerOne of the most controversial and emotional crimes a person can be accused of - whether the accusation is true or not - is a sex crime. One of the reasons why sex crime accusations are so controversial is the unclarity of what does and does not insinuate consent. Each state has its own sexual consent laws and varying punishments for sex crimes. It’s important to understand what constitutes sexual consent in your state.

Sexual Consent in Illinois

According to Illinois state law, consent is defined as a freely given agreement to the act of sexual penetration or sexual conduct in question. It also states that a lack of verbal or physical resistance or submission by the victim in response to the use of force or threat of force does not constitute consent. Illinois state law also says that the manner of dress of the victim does not constitute consent. Furthermore, a person can withdraw consent during the course of a sexual act and any further action by the accused is considered non-consensual.

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Illinois defense lawyerBeing accused of embezzlement does not only threatens a person’s reputation and career but also their freedom. Embezzlement occurs when someone who was legally given access to property intentionally uses that property in an unlawful way.

Attempting to Prove Embezzlement

Embezzlement can occur for different forms of property, including:

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Illinois defense lawyerBurglary occurs when a person knowingly enters an enclosed dwelling, such as a house or school or a vehicle, such as a car or an aircraft, without authorization, and with the intention of committing a crime. A burglary charge is very serious, but there are some defenses that may be available to an accused person.

Potential Defenses Against Burglary:

  • Lawful entry - In this defense, a person had permission to enter the premises, so it can be argued that no breaking and entering occurred.
  • Lack of intent - The prosecution will try to prove that a person knowingly entered a building with the intent to commit a crime, and not for some other purpose. If intent cannot be proven, charges may be dropped.
  • Coercion - A person may be forced into committing a burglary by verbal or physical threats from another person. In some situations, coercion to commit burglary can be an act of domestic violence.
  • Incapacitation - Being under the influence of drugs or alcohol can impair a person’s judgment and awareness and lead them to commit a crime. A person can normally use this defense only if another person drugged them or caused them to be intoxicated.

Lengthy Jail Sentences

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b2ap3_thumbnail_shutterstock_575161597.jpgBeing charged with driving under the influence, or a DUI, can affect many different areas of a person’s life. A person may find that their entire livelihood could be impacted by a DUI charge, including many potentially negative impacts on employment. Some factors that can affect employment are: 

  1. Transportation. If a person is convicted of a DUI, they will face driving restrictions that can make it difficult to get to work. A first-time DUI conviction in Illinois carries a revocation of driving privileges for at least one year and a period in which their vehicle registration is suspended. Further convictions or more serious offenses can result in longer suspensions or the seizure of the driver’s vehicle.  
  2. Time. Being charged with a DUI can lead to a person spending time in court that could have otherwise been spent working as they try to fight their charge. A DUI conviction can result in further lost time, as the person may be required to participate in community service or counseling, or they may need to serve time in jail.   
  3. Job Requirements. When an individual is convicted of a DUI, it remains on their driving record permanently. Illinois is an at-will employment state, which means that an employee can be terminated for any reason at any time, so long as it is not due to a discriminatory factor such as race, sex, or religion. If a person’s job involves driving in some capacity, and they receive a DUI, their employer may decide that they are unfit for the job.
  4. Policy Violations. Some jobs come with the expectation that an individual will maintain a clean criminal record. A company may have a policy that if an employee is convicted of any crime while working there, they can be terminated. You may be required to notify an employer immediately after an arrest occurs, and they will determine what actions they want to take.
  5. Effect on Future Jobs. Not only can a DUI affect a person’s current job status, it can also create an obstacle in attaining future employment. Some professions may require that an applicant disclose any prior convictions when applying to a job, and the prospective employee may be denied employment due to their criminal history. A DUI could also present a problem in obtaining licensing necessary for certain career fields, such as medicine or law.

Contact Our Arlington Heights DUI Defense Lawyers

DUI charges can present significant challenges for a person’s career. An Arlington Heights DUI defense lawyer can aid you in the complicated legal process and will work towards getting your charges reduced or even dropped altogether. Call Scott F. Anderson, Attorney at Law, at 847-253-3400 to schedule a free consultation today.

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