Posted on May 03, 2019 in Uncategorized

When Illinois police arrest a minor under 18 years old, they follow the procedures of the Illinois juvenile justice system rather than the law enforcement and judicial procedures defined for adults. Here are five things you need to know about Illinois juvenile delinquency law if your preteen or teenager is arrested.

• When a minor is arrested in Illinois, both child and parent have special legal rights. For example, the minor has a right to talk to their parents prior to questioning and to have their parents present during questioning; likewise, the parents have the right to be with their child. Overall, a child has the same constitutional rights as an adult plus additional protections afforded to minors.
• When any law enforcement officer arrests a minor without a warrant, they must take the minor to the nearest specially-trained juvenile police officer.
• Illinois law authorizes juvenile police officers to handle juvenile offenses through immediate intervention procedures. The officer may issue an informal station adjustment which places conditions on the juvenile such as a curfew, staying away from certain people or places, or performing up to 25 hours of community service. A formal station adjustment requires both the juvenile and their parent to sign an agreement in which the juvenile admits their offense and agrees to comply with conditions such as payment of restitution, reporting to a police officer at designated times, or performing up to 25 hours of community service. If the minor or their parent refuses a formal station adjustment, the matter will be referred to juvenile court.

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 Posted on May 02, 2019 in Uncategorized

In the state of Illinois, embezzlement is considered a very serious crime. Embezzlement is a form of white-collar crime that often occurs within the context of employee/employer relationships. Embezzlement is also considered to be a theft crime, which is also how it is prosecuted in the state of Illinois. If you are charged with embezzlement, you can face jail time and fines, and you could even be forced to repay any money that you have embezzled. If you are facing charges for embezzlement, it is highly recommended that you get help from a lawyer who is knowledgeable about white-collar crime.

What is Embezzlement?

The federal government has defined embezzlement as “fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.” In the state of Illinois, embezzlement is charged under the general theft statute, though embezzlement cases must meet certain criteria. The prosecutor must prove that:

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 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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 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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 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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 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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 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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 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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 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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 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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