Posted on September 22, 2020 in Criminal Law

The fight or flight response is a natural response that the human body has to stress or outside stimuli to determine if you are going to flee from the impending danger or stay and fight. In dire situations, the will to stay alive is a primal instinct and would lead you to do things that you would not normally do, such as using extreme force. This is why self-defense laws exist, or in Illinois’ case, the justifiable use of force laws. If you have been charged with assault and/or battery in Illinois, you may be able to argue that your use of force was justified.

Illinois Self-Defense Laws

In some situations, it is necessary for you to use force against other people to protect yourself or your loved ones from harm’s way. Illinois law states that you are justified in your use of force against another person to the extent that you reasonably believe such actions are necessary to protect yourself from another person’s unlawful use of imminent force. However, there are limitations to self-defense laws.

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 Posted on September 15, 2020 in Criminal Law

Across the United States, firearms and other weapons are highly regulated in an attempt to keep them out of the hands of wrongdoers and to keep citizens safe. The state of Illinois is no exception. Illinois has some relatively strict laws when it comes to the possession and use of firearms and other weapons. These laws exist as a means to protect people and to keep the community safe, which is why a conviction for unlawful use of a weapon charge has the possibility of resulting in a misdemeanor or even a felony charge in some situations. The severity of the charge will depend on the circumstances surrounding the incident, which is why it is important to discuss the details of your case with a skilled criminal defense lawyer.

What Constitutes an Illinois UUW Charge?

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 Posted on September 08, 2020 in Criminal Law

When you think of crime in general, you likely think of weapons, drugs, or violence. However, there are many other behaviors and actions that also constitute criminal activity. While-collar crime, for example, is not typically a violent or destructive type of crime, but it is still considered unlawful activity and encompasses behaviors such as fraud and embezzlement. In the state of Illinois, white-collar crimes such as embezzlement are taken rather seriously and can carry severe and unfavorable consequences if you are convicted. White-collar crimes can often get complicated, which is why it would be smart to hire a skilled Illinois criminal defense lawyer. 

Embezzlement Laws and Consequences

In the simplest terms, embezzlement occurs when a person misappropriates or fraudulently takes the personal property owned and entrusted to him or her by another person. The most common form of embezzlement is the misappropriation of money, but there are various types. This property can be either tangible or intangible property. Tangible property may include jewelry and vehicles, while intangible property could be money, stocks, and bonds.

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 Posted on August 31, 2020 in Criminal Law

In recent months, police officers have been placed under extreme scrutiny for the way that they treat civilians, specifically, people of color. Across the country, protests and marches have been taking place since late May in response to the death of George Floyd, an African American man who was killed during an arrest when an officer knelt on his windpipe for eight minutes. Though each police department has its own rules, there are certain regulations that all officers must abide by. Unfortunately, not all police officers are good people who follow the rules, resulting in illegal arrests, unlawful actions toward the suspect, and in extreme cases, death. The United States Constitution provides many of these rights if you have been arrested for a crime. It is important that you understand these rights, as they can be a useful tool when defending your criminal case.

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 Posted on August 24, 2020 in Expungement

Each and every time you come into contact with the criminal justice system, that interaction is noted and saved on your criminal record. This is true even if you are not convicted of the crime. If your criminal offense did not result in a conviction, your record will still exist and will still be following you around; however, you may be able to have your records expunged or erased. There are many situations and possibilities in which a case may end without a conviction, such as cases in which you were only arrested but were never charged or charges were eventually dropped. If you have a criminal record that you would like to conceal, you should speak with an Illinois criminal record expungement lawyer.

Does My Offense Qualify?

Not all criminal records are able to be expunged in Illinois. One of the first steps you need to take is to determine if your specific offense and sentence qualify to be expunged. Entries on your criminal record that will typically qualify for expungement include:

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 Posted on August 17, 2020 in Criminal Law

The coronavirus pandemic has been prevalent in the United States since mid-March, with cases reaching to more than 5.4 million across the country. Some of the only ways that have been shown to reduce the transmission of the virus have been by implementing social distancing measures and mask mandates in public places. There are currently only 34 states that have issued a state-wide mask mandate, though other states have cities that have issued such guidance or require citizens to wear masks while in stores. In recent weeks, there has been an increasing number of disturbing assault and battery incidents across the country related to employees attempting to enforce their company’s mask-wearing guidelines for patrons. In response to this, Illinois has now made it an aggravated battery charge to assault a retail worker for communicating safety restrictions. 

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 Posted on August 10, 2020 in Criminal Law

In mid-March, communities across the United States experienced a shutdown of nonessential businesses and operations, a move made in an effort to stop the spread of COVID-19, which has moved through the country like wildfire. Confirmed COVID-19 cases have peaked at more than 5 million nationwide, while plans to reopen and resume business as usual move forward in some states. The coronavirus pandemic has brought uncertainty into almost every aspect of our lives, even in the criminal justice system. Many criminal cases have been backlogged since March, while new cases have been accumulating, leaving many, like you, to wonder about the status of their case. As of early July, Cook County courts were instructed to begin resuming most court operations, with safety protocols put in place. If you have been charged with a crime in Illinois, you should expect to be notified about your modified court proceedings.

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 Posted on July 30, 2020 in DUI

One of the things that police patrols are constantly doing is looking for signs of impaired drivers on the roads. Impaired and drunk driving are responsible for many traffic accidents and deaths each year in the United States. According to the latest data available from the National Highway Traffic Safety Administration (NHTSA), there were more than 10,500 deaths from drunk driving accidents in this country in 2018 alone. Any type of DUI charge is serious, but charges are increased when a DUI incident results in the injury or death of another person. In these cases, the impact a DUI conviction could have on your life could be severe, so it is important to understand the consequences you may face in Illinois.

DUI Resulting in Injury

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 Posted on July 06, 2020 in Criminal Law

If you have ever seen any kind of crime drama movie or TV show, you have probably seen some sort of heated scene take place in a courtroom where the main character’s attorney fights for his or her client’s freedom by attempting to prove his or her innocence. In reality, more than 97 percent of criminal cases are resolved by plea bargains, according to the National Association of Criminal Defense Lawyers (NACDL). Plea bargains were created in response to a number of issues faced during criminal trials, such as the length of time it takes to go through a trial and the expenses associated with that legal process. However, some argue that plea bargains take away the right to a fair trial.

Understanding Plea Bargains

A plea bargain is an agreement made between the defendant (the person who is accused of the crime) and the prosecutor (the attorney representing the local, state, or federal government entity) as a replacement to a jury trial in a criminal case. The agreement usually involves the defendant pleading guilty or nolo contendere, “no contest” to some or all of the charges that were brought against him or her. Typically, plea bargains involve a reduction in the number of charges brought against the defendant, the severity of the charges, a reduction of the severity of the sentence, or a combination of any of the three.

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 Posted on June 24, 2020 in DUI

Summer is a beautiful time in northern Illinois. Temperatures rise and allow everyone to spend time outdoors after a long and cold winter. With one of the country’s Great Lakes next door and a sprinkling of smaller lakes and rivers throughout the state, boating and other watersports are a favorite summer pastime for many Illinoisians. Spending time with family and friends often includes alcohol, which can make for a fun time, but it can also cause issues if you are not responsible. In Illinois, operating a boat and operating a car are two very comparable things from a legal standpoint. Many people do not realize that there are laws in Illinois that make it illegal for you to operate a boat or other watercraft while you are under the influence of drugs or alcohol. If you are charged with boating under the influence (BUI), the penalties can be harsh.  Therefore, it is important that you are aware of them so you do not unintentionally break them.

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