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Rolling Meadows order of protection defense attorney

We have all gotten into arguments with our loved ones before. When disagreements escalate to the point where one person fears for his or her safety, the police can intervene, and domestic violence charges may be pressed. Domestic violence is estimated by the National Domestic Violence Hotline to affect more than 12 million people each year. It can occur between parents and children, siblings, spouses, or people in romantic relationships who live together. Accusations of this type of violence can involve a variety of alleged behaviors, including physical, emotional, or sexual abuse. One tool that is frequently used in domestic violence cases is an order of protection, and a person who is subject to this type of order should understand what it may entail and the potential consequences for a violation.

What Is an Order of Protection?

An order of protection is a court order that can prohibit a person from doing certain things, and it may also compel a person to meet certain requirements. For example, a person accused of domestic violence may be ordered to stop any contact with their alleged victim, or one partner involved in a domestic dispute may be required to leave their shared residence.

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Rolling Meadows, IL defense attorney

In the United States, violent crime is not uncommon. According to the Federal Bureau of Investigation, there were more than 1.2 million violent crimes reported in the country in 2017. In Illinois alone, there were an estimated 56,000 incidences of violent crime that year. The state of Illinois defines violent crime as any felony crime that involves the use of force or the threat of force against the victim, or any misdemeanor crime in which death or great bodily harm comes to the victim.

Violent crime is taken extremely seriously and penalties for a conviction are severe. If you are charged with a violent crime, it is important you understand the potential consequences, and that you speak with a skilled criminal defense attorney as soon as possible.

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Arlington Heights, IL Weapons Charges Lawyer

Like marriage, marijuana, sales tax, and countless other issues, each state has the ability to make its own laws concerning firearms. In Illinois, you are required to have a firearm owner’s identification (FOID) card, which legally states to police and others that you are allowed to own a firearm and ammunition. If you are caught by law enforcement with a firearm and do not have a FOID card or your card has been suspended or revoked, it can result in serious consequences. 

The Illinois State Police is the governing body that issues and controls all Illinois FOID cards and they maintain the right to suspend or revoke your card at any time based on criminal charges or convictions you might face.

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Arlington Heights criminal defense attorney Miranda rightsIn 1966, the United States Supreme Court made a landmark ruling in the case of Miranda v. Arizona when it made a decision on how suspects are to be informed of their constitutional rights when they are arrested on felony or misdemeanor charges. Ernesto Miranda was arrested in 1963 on suspicion of kidnapping and rape. After a long interrogation, Miranda confessed to the charges and signed a statement that his confession was made willingly and knowingly and that he understood his legal rights. When his case went to trial, his lawyers discovered that he had not, in fact, been informed of his constitutional rights to remain silent, to be represented by a lawyer, and to have that lawyer present during the interrogation. This Supreme Court ruling is one of the most famous cases in U.S. history, and it has changed the way arrests and interrogations have been handled ever since.

Miranda Rights Are Constitutional Rights

Because of Miranda v. Arizona, police officers are required to inform you of your rights before they begin an interrogation. Though some police departments may use different wording, the basis of the statements must be the same. Most police departments will use a version of the following: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand the rights that I have just read to you?” It must be established that the suspect is aware of his or her rights before any interrogation can occur.

Misconceptions About Miranda Rights

The point of the Miranda Warning is to inform suspects of the rights that are granted to them by the United States Constitution. This includes the right to protection against self-incrimination and the right to legal counsel. Some people have misunderstandings about their Miranda rights and what that means for their criminal cases.

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Arlington Heights murder defense attorneyDuring normal conversation, words that have more than one meaning are often used interchangeably, such as robbery, theft, and burglary. In general, these words mean the same thing, but in a court of law, they all have very different meanings. The same goes for homicide, murder, and manslaughter - they tend to have a similar meaning in everyday life, but they all have different definitions and carry very different sentencing terms when used in a legal setting. A person who is charged with first-degree murder will be facing much more serious consequences than a person who is charged with involuntary manslaughter.

Homicide

When you are talking about homicide in a law setting, it simply just means the act of one person killing another person, which may or may not be illegal, depending on the circumstances. For example, if you use deadly force against someone because they attempted to commit a forcible felony (like robbing your home or committing an assault), your actions may not technically be illegal because of Illinois laws regarding justifiable use of force.

Murder

Murder is the term that is used when an unjustified killing is committed. It is broken down into degrees:

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