|
|
|
Recent Blog Posts
Understanding Illinois Sexual Consent Laws
One 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.
How Embezzlement Is Charged
Being 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:
- Cash – This can include stealing from a coworker’s register, refunding stolen items, or taking cash that was left in a customer’s purse or wallet.
- Checks – Examples include forging checks or depositing money into false accounts.
- Company materials – Materials like equipment, supplies, and scrap materials may be embezzled.
- Falsified accounts – The event occurs if a non-existent employee is added to the payroll or an inactive account is used for credit.
Common Defenses against Burglary
Burglary 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.
How a DUI Conviction Can Affect Your Employment and Career
Being 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:
- 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.
- 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.
Police Using Various Tools to Identify and Slow Speeders
It is likely that anyone who has driven in Illinois at one time or another looked into the rearview mirror and saw the flashing lights of a police car. If you have the habit of driving in excess of the speed limit, there may be a time when police will pull you over and write you a citation. In an effort to catch more speeding drivers and make the roads safer, police use a variety of tools and techniques to help them identify those violating posted speed limits.
Work-Zone Speeding
- Police have increased their efforts in construction zones in an effort to protect the safety of workers.
- Deployment of highly-visible photo enforcement vans plays a dual role in combating speeders. These tools help law enforcement identify speeding vehicles for issuing tickets, and the high visibility of such a van encourages others to slow down in construction zones.
Changes Proposed for Treatment of Sex Offenders
Due in large part to the publicity of high-profile cases, laws pertaining to the statute of limitations and handling of sexual assault and harassment claims are undergoing change or review. Officials maintain these efforts are necessary to protect victims. However, consideration is now being given to the way the registry of sexual offenders is maintained in Illinois.
Task Force Makes Recommendations
At the end of last year, a specially named task force published a report that proposed certain changes to the way Illinois handles sex offenders and the state’s registration list. The panel included public advocates, victims, members of law enforcement, defense attorneys and prosecutors.
- A point of emphasis was the application of rule pertaining to underage offenders. This includes the way in which cases involving two people on opposite sides of the age of 18 are handled – or so called, “Romeo and Juliet” cases.
Failing to Appear in Traffic Court Has Consequences
When an individual is charged with a crime or issued a traffic citation, he or she will most likely have to make a court appearance. It is important that defendants make those appearances to avoid exacerbating the situation with the addition of new penalties. Retaining a competent traffic ticket defense lawyer is a good way to help you keep those scheduled court appearance and steer clear of new charges.
Fine-Only Violations
Failing to appear in court after receiving a traffic citation can result in a hefty fine and possibly impact one’s ability to maintain their driving privileges. If a person ignores a ticket or skips a court date:
- The judge can convict the absent party (ex parte judgment) and assess a fine.
- The conviction subsequently is reported to the Illinois Secretary of State upon which it will be included on the convicted person’s driving record.
Sexual Harassment and Abuse Crimes Receiving Renewed Attention
Victims of sexual assault and sexual harassment have begun stepping forward with allegations of events that occurred both recently and in the past. With this increased awareness comes a renewed scrutiny of how both alleged victims and those accused of sexual crimes are treated under the law.
In Illinois and Across the Country
Last summer, Illinois officials passed legislation removing the statute of limitations on cases of sexual abuse crimes against children. The bill was quickly signed into law. However, renewed attention is being placed on the issue of sex crimes in large part due to the revelations of past actions by entertainment industry professionals, high profile physicians, and even elected officials.
- Illinois established a task force to investigate and examine the issue and alleged incidents of sexual harassment in its own corridors. The panel, however, has until December 2018 to issue a report with recommendations to address and eliminate such behavior by its members.
Construction Zone Driving
Many drivers consider road construction a major inconvenience because it slows traffic and makes getting around much more difficult for them. However, it is important to drive with great care when entering and traveling through construction areas as penalties for speeding and other infractions in work zones are much more severe.
Know the Rules of the Road … That Are under Construction
Illinois added more severe penalties to construction zone traffic violations in response to an increase in accidents that resulted in injuries to and the deaths of construction workers. Drivers should be aware of the following to ensure they understand the all that construction zone driving requires.
- Workers DO NOT need to be present in order to be in violation of work zone traffic laws. In many cases, reduced speed limits are enforced due to the narrowing of lanes or implementation of irregular lane patterns.
Understanding Implied Consent
When police initiate a traffic stop, the motorist may feel compelled to submit to a breathalyzer test or some other form of field sobriety testing due to a little understood law known as implied consent.
Implied consent is often applied during a traffic stop when police suspect a motorist is driving under the influence of alcohol, and is attached to the issuance of a driver’s license in most states.
When Did I Give Consent?
In Illinois, when a person is issued a driver’s license, they automatically agree to submit to sobriety testing if stopped by police when they sign the paperwork to obtain a license. The state enforces implied consent laws because it maintains that driving is a privilege and not a right. In fact, implied consent may even apply if one is not actually driving, but appear in physical control of a vehicle as in:
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
