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IL defense lawyerSince its inception, the United States has done things a little differently. When it comes to gun laws, the country as a whole is unique. The inherent right to gun ownership is written into the country’s constitution, though each individual state has the right to regulate the possession, use, sale, purchase, and/or transfer of firearms within their boundaries. While some states are laxer with their firearm laws, the state of Illinois tends to have rather strict laws concerning firearms. In particular, not everyone is legally permitted to own a firearm in the state of Illinois. Being caught in possession of a firearm when you are not legally supposed to have one can lead to serious consequences that require representation from a skilled Illinois criminal defense attorney.

FOID Cards and Ineligibility

Though not all states have the same requirements, the state of Illinois requires everyone in possession of a firearm to have a valid firearm owner’s identification (FOID) card to be in legal possession of that firearm. To be eligible to receive a FOID card, you must meet certain requirements, as there are certain things that can make you ineligible for ownership, both on the state and federal level. In general, a person is ineligible for a FOID card if they:

  • Are not yet 21 years old, or do not have a parent or legal guardian sponsor who is eligible for a FOID card
  • Are not a resident of the state of Illinois
  • Have been convicted of a felony
  • Are addicted to narcotics
  • Have been a patient in a mental health facility in the past five years
  • Have been a patient in a mental health facility more than five years ago, but have failed to receive a mental health certification
  • Have been involuntarily committed into a mental health facility
  • Are intellectually or developmentally disabled
  • Have been adjudicated as a mentally disabled person
  • Are an illegal alien in the United States
  • Are subject to an existing order of protection
  • Have been convicted within the past five years of battery, assault, aggravated assault, or violation of an order of protection in which a firearm was used or possessed
  • Have been convicted of domestic battery
  • Have been dishonorably discharged from the U.S. military

Speak to Our Rolling Meadows, IL Criminal Defense Attorney Today

Though it is written into our constitution that we have the right to bear arms, that right is treated more like a privilege that can be revoked if it is deemed necessary. In some circumstances, you may be found ineligible to own or continue to own firearms in Illinois, in which case, you must surrender them or face consequences for illegal ownership. Gun crimes are taken very seriously in Illinois, which is why having a skilled Arlington Heights, IL criminal defense attorney on your side is a good idea. Scott F. Anderson, Attorney at Law will put his experience to use to get you the best outcome possible. To schedule a free consultation, call our office today at 847-253-3400.

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Rolling Meadows, IL criminal defense attorney

For every crime, there is an equivalent range of acceptable penalties that comes along with it when you are convicted. There are different types of felony and misdemeanor crimes that vary in severity, from a low-level Class C misdemeanor that carries up to 30 days in jail, to the most serious charge of them all, a Class X felony charge, which carries between six and 30 years in prison. Sentencing guidelines for crimes that are committed in Illinois vary and offer a range for which sentences are considered acceptable, meaning not everyone who is convicted of the same crime will necessarily receive the same sentence. There are many different factors that can affect the severity of your sentence, both positively and negatively. Focusing on the factors that could potentially reduce the severity of your sentence can greatly benefit you in the long run.

Factors in Mitigation

When it comes time to sentence you for the crime of which you have been convicted, the prosecution will have a chance to present a case as to why the judge should impose a penalty that is more severe. Once they are finished, your attorney will have the opportunity to argue why your sentence should be more lenient, mitigating the factors brought up by the prosecution. Depending on your situation, your attorney may use the following factors in mitigation:

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Rolling Meadows, IL criminal defense attorney

When it comes to the people responsible for a crime, in some cases, it can be more than just the offender who is held responsible for the commission of the crime. This is the basic idea behind the concept of criminal accountability. In the state of Illinois, it is legal for a person to be arrested and charged for simply knowing about a crime that someone else committed. While this may seem unfair, the law of accountability has actually helped Illinois law enforcement with the prosecution of criminal organizations and gang members. However, the law of accountability can also unfairly and unjustly convict innocent people of crimes that they did not commit and should not be accountable for.

What Is the “Law of Accountability” in Illinois?

Many states across the country, including Illinois, have created laws that are known as accountability laws, which allows the state to convict individuals of crimes that they did not commit, but that they were “accessories” to or “passive participants” in. Specifically, the Illinois Criminal Code states that a person is legally accountable for the actions of another person when they have the intent to promote or facilitate the commission of a crime and they aid, abet, agree, or attempt to aid another person in the planning or commission of the offense.

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Arlington Heights, IL criminal defense attorney child endangerment

In today’s world, everyone is busier than ever, especially parents. Every second of every day seems to be filled with something, making it necessary to save time anywhere you can. In some cases, there just is not enough time to take your child in and out of their car seat every time you have to run an errand, especially if you are just making a quick stop, such as picking up prescriptions. According to Safe Kids, around 14 percent of parents have admitted to intentionally leaving their infants, toddlers, and kindergarten-aged children in a parked vehicle. While this may seem convenient to some, you could end up facing serious criminal charges in Illinois if you leave your child unattended in a vehicle. 

Understanding Child Endangerment Charges

According to the Illinois Criminal Code, child endangerment can be defined in two different ways. Child endangerment can mean:

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Rolling Meadows, IL criminal defense attorney

Much of the anxiety and trepidation that comes when you are arrested for a crime is simply a result of not knowing how your case will resolve. In many cases, a person will be arrested, arraigned on his or her charges, and then will not actually go to trial for several months because of the backlog of court cases. During this period of time, there are some people who are required to await their trial in jail, whereas others are able to pass the time by going about their lives in a modified manner. This is called pretrial release and is commonly present in criminal cases, though not all criminal defendants are eligible for release. A skilled criminal law attorney can defend the rights if you are arrested for a crime and can advise you of your rights regarding pretrial release.

Factors Considered During the Detention Hearing

Some of the main purposes of the pretrial release system include ensuring defendants will appear at their trials, giving due process to these defendants, and protecting the victims and community from danger. These are some of the first considerations a judge will make during a detention hearing when determining whether or not to grant pretrial release to a defendant.

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