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5 Factors Involved in Transferring a Case From Juvenile to Adult Court

joliet juvenile attorney

Juvenile justice systems were created with the idea that children are different from adults and that their behavior can be changed. In 1899, Illinois was the first state in the country that created a separate court for children. Since the inception of the first juvenile court, the juvenile justice system has been modified and improved to provide rehabilitation in the best interests of the child. Sometimes, even those who are under the age of 18 are transferred from juvenile court to adult court. When a transfer is requested, there are specific factors that judges consider when deciding between juvenile and adult court:

1. Age

One of the first factors that is used when determining whether or not to transfer a case to adult court is the age and background of the child. The age of the child is useful in determining whether or not treatment in the juvenile justice system would benefit the child or the public. The older the minor is, the harder it is to reform the behavior of the child.

2. History of the Minor

The minor’s history is often included when determining the jurisdiction where the case is held. The history of the minor includes previous criminal or delinquent history, previous abuse or neglect history, and any mental or physical health and educational history.

3. Circumstances of the Offense

The type of offense that the minor is being charged with is one of the most important factors that is considered when deciding a transfer. Elements of the circumstances include the seriousness of the offense, whether there is evidence that the offense was committed in an aggressive manner or was premeditated, whether the offense resulted in serious bodily harm, and whether the minor was in possession of a deadly weapon.

In the state of Illinois, minors above the age of 15 automatically are considered for transfer to adult court if the crime committed is murder, a sex crime, robbery, burglary, arson, kidnapping, or any other felony involving the use or threat of violence.

4. Advantages of Treatment in the Juvenile System

The judge will determine whether or not the child will benefit from treatment in the juvenile justice system. The judge will also look at whether or not there are available facilities or programs to benefit the minor within the juvenile system.

5. Security of the Public

The judge will also look at whether the security of the public will require sentencing in accordance with the Unified Code of Corrections. Elements that the judge will look at include the minor’s history of treatment, including the response of the minor toward the services and the willingness of the minor to participate in such treatments, the likelihood of the minor’s rehabilitation before the juvenile court’s jurisdiction expires, and the adequacy of the punishment or services.

Seek Help From A Joliet Juvenile Defense Attorney

If you or your child has been charged with a crime, the justice system can be tricky and confusing, and it can get even more confusing if your child is transferred to adult court. With the help of an experienced Will County juvenile defense lawyer , you can get the help that you need. All minors deserve a chance to change their behavior and turn their life around. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 to schedule a free consultation and learn how we can help you protect your future.

Illinois’ Response to the Rising Problem of Opioid Overdoses

joliet opioid attorney

Controlled substances remain in great demand in Illinois. Of the roughly 81,000 drug-crime arrests made in Illinois in 2016 (the latest year for which data is available), 28% were for controlled substances. Controlled substances include prescription opiates like fentanyl and oxycodone as well as illegal drugs like cocaine and heroin (excluding cannabis, which represented 43% of arrests).

High demand for prescription opiates means that medical professionals willing to prescribe or provide them are also in high demand. So much so that the Illinois Department of Financial and Professional Regulation takes action against at least a half-dozen medical professionals per month, on average.

Tough federal and state statutes, coupled with strong law enforcement, have helped to reduce controlled substances arrests both in Illinois and nationwide from 2015 to 2016. But that does not mean the war on drugs is over.

Opioid Overdoses Still Climbing

Opioid overdoses remain one of the top concerns for drug enforcement agents. Over 63,600 deaths nationwide and over 2,000 deaths in Illinois were attributed to opioid overdoses in 2016.

The problem is so big that the Illinois Department of Public Health now maintains an Opioid Data Dashboard. For 2017, the dashboard shows 2,054 fatal overdoses and 13,395 non-fatal overdoses in Illinois.

Illinois’s Response to Reduce Opioid Overdose Deaths

In 2015, Illinois passed a statute called the Drug Overdose Prevention Program (20 ILCS 301/5-23), which requires all ambulances, law enforcement officers, and firemen who respond to emergency medical calls to carry naloxone and be trained in its use. This program was implemented over the course of 2016 and into 2017. Naloxone (brand name Narcan) currently costs first responder groups about $40 per dose.

To make it even easier to get naloxone to those who need it, the Illinois Department of Public Health published a standing order in October 2017 that allows pharmacists to dispense naloxone to individuals without a doctor’s prescription. This order also enables hospitals, urgent care centers, and law enforcement agencies to obtain and administer naloxone without a specific prescription.

In both 2017 and 2018, the state of Illinois was granted $16 million in federal funding earmarked for opioid overdose prevention. Some of the money goes toward training first responders on how to treat opioid overdoses with naloxone. From July 2017 to May 2018, 17,675 people were trained and 900 lives saved.

Illinois officials have acted swiftly and responsibly to reduce opioid overdose deaths. However, the fact that citizens are getting access, largely illegally, to such controlled substances remains a big problem.

Speak to an Experienced Joliet Criminal Defense Attorney

If you are charged with a violation of federal or state laws governing controlled substances such as opioids, you are at risk for serious fines and jail time. To ensure that your rights are protected throughout the legal process, talk to an experienced Will County Criminal Defense lawyer as soon as possible. Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free and confidential consultation.

Getting Your Driver’s License Reinstated in Illinois

joliet reinstatement attorney

Your driver’s license can get revoked or suspended for a number of reasons--traffic violations, failing to pay child support, DUI charges--but you can reinstate your driver’s license with the help of an experienced attorney. There are specific steps that you must take in order to begin the reinstatement process.

Participate in a Hearing

In order to have your driver’s license reinstated, you must participate in either a formal or informal hearing with a Secretary of State hearing officer.

Informal Hearing

You can request an informal hearing if your license was suspended for:

• An offense that did not involve a death

• One DUI offense

• Minor moving violations

The hearing could result in either a restricted driving permit or a full reinstatement of your driver’s license. A restricted driving permit allows you to drive during certain times of the day and in certain areas. This type of permit is often awarded to allow people to drive to and from work, school, daycare, or medical appointments.

Formal Hearings

You are required to have a formal hearing if your driver’s license was suspended for:

• Any offense involving a death

• Multiple DUI offenses

To request a formal hearing, you must submit the request by mail. You must complete the document for a formal hearing request, indicate the Office of the Secretary of State where you want to have your hearing, and provide the payment for the filing fee, which is $50. The Office of the Secretary of State will then mail you a notice of hearing with the date you must appear at the office. Your hearing may result in a full reinstatement, denial of reinstatement, or granting of a restricted driving permit.

After Your Hearing

If the hearing results in your license becoming fully reinstated, you must then mail the Secretary of State proof of insurance and a fee payment. The amount you must pay depends on the offense that your license was suspended for. For example, if your license was suspended due to a DUI related offense, the fee for reinstatement is $500.

Seek Help From a Joliet Driver’s License Reinstatement Attorney

Convincing the Secretary of State to give you back your license, is a much more complicated process than actually setting and appearing for a hearing. If you are seeking to reinstate your driver’s license, you need the help of an experienced Will County driver’s license reinstatement lawyer . Contact the Law Offices of Jack L. Zaremba, P.C. to see how you can benefit from the aid of someone who is knowledgeable about the reinstatement process. Call 815-740-4025 to schedule a consultation.

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