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arlington heights defense lawyerBeing able to drive is one of the most important privileges we use every day. Getting to work, taking kids to school, and buying groceries all rely on the use of a car. Losing the ability to drive because of a driver’s license suspension or revocation can be annoying at best, and financially crippling at worst. 

Although a driver’s license suspension and a revocation may seem similar, they are two different penalties and result in different consequences. This article looks at the difference between a suspension and a revocation, but your attorney is the best source for answers to your questions. 

Driver’s License Revocations

A driver’s license revocation is generally given to someone who commits a serious traffic violation. These include, but are not limited to: 

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Posted on in Criminal Law

arlington heights criminal defense lawyerIn Illinois, police and prosecutors are very careful before they label a crime a home invasion. Part of the reason is invading a person’s home is one of the worst crimes you could commit and therefore, it has some of the harshest penalties. Another reason is that “home invasion” has a very specific definition and multiple elements. So, what is a home invasion?

Home Invasion Under Illinois Law

A home invasion is similar to a burglary in that you enter a person’s home without authorization but that is where the crime begins to deviate. Unlike a burglary, a home invasion is considered a violent crime because the purpose of entering the home is to cause harm to someone who lives there. 

According to the Illinois Criminal Code, a home invasion is when someone enters a person’s home knowing that they are home and the alleged offender: 

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illinois defense lawyerSometimes, the terms assault and battery are used interchangeably. People use both terms to refer to a physical attack of some kind. However, in Illinois, assault and battery are different offenses with different legal definitions. These offenses also have much different punishments. So, what is the difference between assault and battery in Illinois?

Assault Laws in Illinois

To assault someone in Illinois means you put a person into a position to think or feel that they are about to receive a battery. For example, if you threaten to punch someone and cock your fist back in preparation for throwing a punch, you could be charged with assault. Assault in the Prarie State is considered a Class C misdemeanor and could result in up to 30 days in jail and a $1,500 fine. 

Additionally, you could be charged with aggravated assault if you use a weapon or threaten a protected class like a police officer, teacher, handicapped person, or elderly citizen. If you are convicted of aggravated assault, how you are charged depends on the details of the incident and your criminal background. You could be charged with a Class A misdemeanor or Class 3 Felony. In turn, you could be sentenced to less than a year in jail to 10 years in prison. 

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IL defense lawyerDespite the rights given to us in the Constitution, not all individuals are treated equally when it comes to the criminal justice system. The criminal justice system was created with the intention that everyone would be treated as equals to give everyone a fair chance at life and liberty. Unfortunately, that is not always the reality. In many cases, smaller minority groups and even juveniles involved in the criminal justice system are unfairly treated. Fortunately, steps are being taken each day to help combat some of the injustices that currently exist. In recent weeks, the state of Illinois has become the first state to prohibit police officers from using deception or lying when interrogating a juvenile suspect.

Changes in the Law

When police are investigating a crime, one of the many tools that they use to do it is interrogations. In recent weeks, interrogations have been in the media, specifically, the ability of questioning officers to mislead juvenile suspects. Now, law enforcement officials in the state of Illinois are prohibited from using deceptive tactics when interrogating young suspects. Police often use deceptive practices, such as lying, conveying fabricated information, and falsely promising leniency for confessing against juveniles. However, under the new law, any evidence obtained through these means will not be admissible in court.

Deception and False Confessions

The criminal justice system has long recognized a need for differentiation between adult and juvenile offenders. The first juvenile court in the country was created in Cook County in 1899. Since then, nearly every jurisdiction in the country has some form of a juvenile justice system. According to the Innocence Project, juveniles are especially vulnerable to false confessions and are actually between two and three times more likely to give a false confession than an adult. In around 30 percent of cases involving wrongful convictions overturned by DNA evidence, deceptive interrogation practices were a contributing factor.

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IL defense lawyerRelations between law enforcement and the country’s citizens have been rocky because of various and multiple events that have been portrayed in the media. In many cases, police have overstepped the boundaries in place that protect a person’s constitutional rights. One common right that is often violated during traffic stops is the right against unreasonable searches and seizures. In most cases, a police officer must have a warrant to search your vehicle, just as if they were intending to search your home. However, there are certain exceptions that would allow officers to legally search your vehicle without a warrant and obtain evidence that may result in a criminal charge.

You Consent to the Search

The easiest way officers can legally search your vehicle without a warrant is simply by gaining your permission to search your vehicle. In most cases, the officer will ask you if he or she can search your vehicle before they resort to telling you that they are going to search it. You do not have to consent to a warrantless search. However, if you do not consent to a vehicle search, the officers will likely still proceed with the search under one of these other two circumstances.

The Evidence Was in Plain View

Officers have the right to search your vehicle if they see something that is considered to be in “plain view.” This means that whatever the officer sees must be able to be viewed from a place that the officer has a right to be and the incriminating nature of the item must be apparent.

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