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FBI Warns Against Making Hoax Threats Online

 Posted on May 01, 2019 in Uncategorized

Saying the wrong thing online can get you in far bigger trouble than you might realize. A few months ago, we wrote about criminals caught by law enforcement through Instagram or Youtube. This year, there is growing concern about people who make threats of violence via email, text, or social media, even if the threats turn out to be a hoax or if the threat-maker did not intend their statements to be taken seriously.

The FBI warns that is a federal crime to make threatening interstate communications, punishable by up to five years in federal prison. In Illinois, you could also be charged with the state crime of harassment through electronic communications (720 ILCS 5/26.5), which is a Class 4 felony if:

  • You threaten to kill someone.
  • You are at least 18 years old and send harassing or threatening messages to someone under 18 years old.

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Possible Defenses Against Driving Under the Influence (DUI) Charges

 Posted on April 30, 2019 in Uncategorized

Across the country, police officers are cracking down on drunk driving. In 2016 alone, over 1 million drivers were arrested for driving under the influence of alcohol and/or narcotics. If you have been charged with a DUI in Illinois, you may be unsure of what to do next. The penalties for a drunk driving conviction vary depending on the circumstances of the offense as well as the criminal history of the alleged offender, but everyone who is charged with a DUI is facing a possible drivers license suspension. If you have been charged with a DUI, read on to learn about some of the most common defenses to DUI charges.

Drunk Driving Defenses

A drunk driving conviction can lead to expensive fines, the loss of driving privileges, and jail time. However, a solid defense can help you avoid a conviction. Some of the most common defenses to drunk driving charges include:

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Four Things You Should Know if You Are Arrested in Illinois

 Posted on April 29, 2019 in Uncategorized

Police officers are supposed to be people whom we go to when we need help or protection. Despite that, most people still get nervous when in the presence of authorities such as the police. Even if you did not do anything wrong, many people get anxious if a police officer stops them. Resisting a police officer is a criminal offense that carries serious penalties, so it is important that you know what to do and not do when you are detained by a police officer.

Knowing your own rights and the rights of police officers during an arrest can save you some confusion if you are ever arrested. Here are a few things you should know in the event you are arrested and charged with a crime:

  • Do not resist the officer. Resisting arrest is a crime that is punishable by jail time and/or fines. If you are stopped by a police officer, you are allowed to ask them if you are free to go, but if the answer is “no”, you are being detained. Being detained is not the same as being arrested, but you should completely comply with the officer’s requests. Do not resist the officer or disobey his or her orders or you may end up in bigger trouble.

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Understanding Your Miranda Rights

 Posted on April 28, 2019 in Uncategorized

If you have ever been arrested, or even just watched a television show about police, you have probably heard the Miranda Warning. The Miranda Warning, or Miranda Rights, is a notification given by police to individuals suspected of a crime. Anyone who is in police custody or a custodial interrogation must be advised of their right to silence among other rights. The main purpose of the Miranda Warning is to ensure the admissibility of statements made by criminal defendants during an interrogation in the eventual criminal proceedings. If a suspect is not read their Miranda Rights before being questioned, it is possible that the confession or statements made by the suspect can become unusable in court.

You Have the Right to Remain Silent

Although the language used in a Miranda Warning can vary between jurisdictions, they all contain the same elements. Most people know that the beginning of the Miranda Warning begins with, “You have the right to remain silent. Anything you say can and will be used against you in court.” Most lawyers would advise anyone accused of a crime to take advantage of this right to silence. Police have methods of interrogation that can be misleading. Contrary to popular belief, police officers are allowed to lie to you. They may tell a defendant, for example, that another suspect has named him when in reality, no one has named them. Avoiding self-incriminating statements is critically important for any criminal defendant.

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Swatting - False 911 Calls Have Serious Consequences

 Posted on April 27, 2019 in Uncategorized

The making of false 911 calls purposely intended to mobilize an armed police SWAT team has become a frightening trend in the U.S. The estimated number of “swatting” incidents has more than doubled since 2011, according to one former FBI agent. Someone who commits the crime of swatting will face severe consequences ranging from a state charge of disorderly conduct for making a false police report to federal charges under the False Information and Hoaxes Act. Anyone accused of making a false police report should consult an experienced criminal defense lawyer.

California Swatter Sentenced to 20 Years in Federal Prison

The most famous swatting case to date involves a 26-year-old California man who made dozens of false 911 calls reporting bombs, murders, and other acts of violence. One of these calls resulted in the death of an innocent Kansas man when a SWAT team raided his home. The Californian pled guilty to 51 federal charges related to his false reports of bombs, murders, and other acts of violence. He now faces at least 20 years in prison.

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Understanding Illinois Domestic Battery Charges

 Posted on April 26, 2019 in Uncategorized

In recent years, states across the country have placed an increased focus on domestic violence and how it is prosecuted. Because of the serious and often secretive nature of domestic violence, there has been much effort put into preventing domestic violence from occurring and appropriately punishing offenders. In the state of Illinois, domestic violence is a serious crime that can affect you for the rest of your life. Even just being accused of domestic battery can cause people to look at you differently and can create a criminal record for you or add to an existing one. Understanding domestic battery charges and their consequences in Illinois is crucial if you have been charged with domestic violence.

When is Battery Considered “Domestic”?

Battery and domestic battery are technically two different crimes. For a crime to be considered domestic, the person you perpetrate a crime against must be a “family or household member.” In the state of Illinois, a family or household members include:

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Unlawful Possession of a Firearm in Illinois

 Posted on April 25, 2019 in Uncategorized

In order to help prevent gun violence, Illinois state requires any resident who wishes to own a gun or ammunition to obtain a Firearm Owners Identification Card (FOID card). These cards are issued to qualified applicants by the Illinois State Police. There are several exceptions to this requirement, including certain exceptions for members of the Armed Forces and Federal Officials. Illegally owning a firearm, or owning one without a FOID card is violation of state law and can carry significant penalties.

Consequences for Illegal Gun and Ammunition Possession

Penalties for illegal firearm possession vary significantly depending on the circumstances. Owning a gun without the proper documentation may be considered only a Petty Offense in some situations and a felony in other situations. For example, if an individual owns a firearm but his or her Firearm Owner’s Identification Card has been expired for 6 months or less and he or she is not otherwise disqualified from owning firearms, this is only a petty offense. If an individual owns a firearm without a FOID card, but meets the eligibility requirements for a FOID card, he or she will likely be charged with a Class A misdemeanor. However, if he or she receives a second or subsequent violation of the FOID card requirement, this charge is increased to is a Class 4 Felony.

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DUI with a Child Passenger Carries Harsh Penalties - Possible Felony Charges

 Posted on April 24, 2019 in Uncategorized

One out of every five children who dies in a fatal car crash is killed by a drunk driver. When you read that statistic, did you assume the child was riding in a car that was struck by the drunk driver? Or, that the child was a passenger in the drunk driver’s car? In 2017, 54% of the children killed by a drunk driver were riding in the same vehicle as the drunk driver. About 32% were occupants of other vehicles and the remaining 14% were on foot or bicycles.

You might wonder why someone would drink and drive with a child in the vehicle-or with any passenger, for that matter. One key reason is that drinking impairs thinking. People often do not realize that they are impaired when they get behind wheel. This impaired thinking is surely part of the reason why fatal crashes caused by drunk drivers have consistently numbered around 10,000 deaths per year from 2009 to 2017.

Illinois law tries to prevent these fatalities through its driving under the influence (DUI) laws that specifically target child endangerment.

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Diversion Programs Offer Hope to Illinois Juvenile Offenders

 Posted on April 22, 2019 in Uncategorized

Unfortunately, even good people sometimes get caught up in the criminal justice system. If you have a son or daughter who has been charged with a crime, you may be filled with questions such as “Will my child have to serve time?” and “Are there alternative programs for juvenile offenders?” Fortunately, Illinois lawmakers understand that many individuals convicted of a crime deserve to have a second chance. There are several diversion programs that exist in Illinois which allow young offenders to reduce or avoid jail time.

Examples of Diversion Programs in Illinois

Illinois diversion programs are intended to help offenders avoid strict penalties and/or get the help they need to avoid becoming a repeat offender. These programs include but are not limited to:

  • Illinois Second Chance - Illinois Second Chance program is intended for offenders aged 17 1/2 and younger who struggle with substance abuse and mental health issues who are being released from secure correctional facilities to Cook County. Through the program, young offenders are given personalized aftercare planning and help as they transition from incarceration into the community. Illinois Second Chance begins two months prior to the offender’s release and continues for four months after the release. Illinois Second Chance services are currently offered in Cook County, Illinois.

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Illinois Retail Theft and Related Charges

 Posted on April 17, 2019 in Uncategorized

One of the most common crimes in the United States is retail theft, and while it may seem like a victimless crime, it is not. According to the National Retail Federation, inventory shrinkage due to theft or shoplifting cost American retailers nearly $49 billion in 2016. Many retailers have made retail theft a priority of theirs in order to combat this costly occurrence. In Illinois, retail theft is a crime that is taken seriously and can even be prosecuted as a felony in certain cases. If you are caught shoplifting, it will probably not be a simple matter that can be settled by giving the item back or paying for it - you will most likely be prosecuted.

General Retail Theft Definition

In its most basic form, retail theft occurs when someone knowingly and willingly takes possession of, carries away or transfers any merchandise in a retail establishment without paying for it and that person intends on keeping the merchandise or depriving the retail establishment of the possession of the merchandise permanently. As long as the value of the stolen merchandise does not exceed $300, the crime is classified as a Class A misdemeanor, which carries a sentence of up to one year in prison and up to $2,500 in fines. If the merchandise does exceed $300, then the charge is increased to a Class 3 felony, which carries a possible sentence of two to five years and up to $25,000 in fines.

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