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Recent Blog Posts
What Are the Limitations of DNA Evidence in a Burglary Case?
Burglary is a felony that carries fines and prison time in Illinois. In a burglary case, the prosecution’s aim is to prove the defendant committed the assault beyond a reasonable doubt. One of the ways prosecutors try to do this is by presenting DNA evidence. When they are able to match the defendant’s DNA to DNA found at the scene of the crime, it strongly supports the claim that the defendant committed the offense.
However, DNA does not secure a conviction, and there are limitations to how much DNA evidence can impact a burglary case. This article will discuss what burglary is, how DNA evidence is used in a trial, and the limitations of DNA evidence. If you have been accused of burglary, contact an Illinois criminal defense lawyer as soon as possible to begin building your defense.
What Is Burglary?
When people think of burglary, they usually picture someone breaking into a home and stealing property. Under Illinois law, however, the definition of burglary is much broader. Burglary is when a person enters someone else’s property with the intent to commit theft or another felony. The same is true if a person is asked to leave the property and refuses to do so.
What Role Does Motive Play in a Murder Case?
Many people have heard the word "motive" in the context of murder cases from movies and TV shows like Law and Order. In these productions, motive is often portrayed as a critical element in a murder investigation. "Establishing motive" is seen as a make-or-break requisite for achieving a murder conviction.
But does this portrayal accurately affect reality? What is motive and what role does it actually play in a homicide case?
In this article, we will discuss what motive is and how it can affect a murder conviction. If you or a loved one have been accused of murder, contact an Illinois homicide defense attorney to start building your defense.
What Is Motive?
Motive is best described as the reason for a crime. It is usually based on an event or string of events leading up to the crime that explains why the defendant would have wanted to harm the victim. It provides a reason for why the crime happened.
What Are the Penalties for Domestic Battery in Illinois?
Illinois law makes domestic violence a serious crime that carries severe consequences. A domestic battery conviction can affect the defendant’s life long after the legal proceedings have ended. Therefore, it is important to understand domestic violence charges and their penalties, along with the factors that determine whether a domestic battery charge will be treated as a misdemeanor or a felony.
This article will discuss how Illinois law defines domestic battery and the penalties for such an offense. If you have been accused of domestic violence, contact an Illinois domestic battery defense attorney right away to begin building your defense.
What Is Domestic Battery?
According to the Illinois Domestic Violence Act of 1986, domestic battery does not need to be physical violence for it to be a crime. The following actions can also constitute domestic battery:
When Is Shoplifting a Felony in Illinois?
While shoplifting is certainly a problem for retailers, employee theft causes greater losses. Regardless, shoplifting is a crime that can be prosecuted as a misdemeanor or a felony, depending on the surrounding circumstances. It is estimated that at least five percent of all customers shoplift at one time or another, yet only about 5-10 percent are caught.
Of those caught, only a small percentage are reported to the police, and even fewer are sentenced. While women are not necessarily more likely to shoplift, they are more likely to get caught. Adult shoplifters are more likely to steal multiple items at once than teenage shoplifters.
There are cases, however, when shoplifting results in far more than a fine—and can even result in a felony conviction, which brings its own set of collateral consequences. An Oakbrook Terrace criminal defense attorney can help an individual charged with felony shoplifting receive the best outcome possible. A skilled lawyer may be able to have the charges reduced to a misdemeanor or dropped altogether.
Aggravated Discharge of a Weapon Charges in Illinois
On May 16th, 2024 a sentence of ten years in the Illinois Department of Corrections was given to an Illinois man convicted of the offense of Aggravated Discharge of a Firearm. His weapons charge conviction will be served at 85 percent, stemming from an event involving reports of shots fired in Marengo, IL. Witnesses to the incident stated the defendant allegedly shot his firearm at a vehicle occupied by a married couple and their two children.
Although nobody was injured in the shooting, the incident triggered the charge of Aggravated Discharge of a Firearm in Illinois. If you should find yourself facing this Illinois weapons charge, you must speak to a knowledgeable Rolling Meadows criminal defense lawyer as quickly as possible. The potential penalties for this criminal offense are severe and can alter your future.
When Can You Appropriately Use an “Insanity Defense?"
One of the most misunderstood and controversial defenses is the insanity plea. TV shows and movies often portray it as a get-out-of-jail-free card for obviously guilty defendants. In reality, the requirements are strict, and successful insanity defenses are rare. An Illinois lawyer can help you figure out if you qualify.
What Exactly Is an Insanity Defense?
In Illinois, the insanity defense comes from the principle that a person cannot be held criminally responsible if, due to a mental disease or defect, he lacks the capacity to appreciate the criminality of his conduct. The defense does not dispute that the defendant committed the act, only that he was legally insane at the time.
Two Elements Must Be Present
To raise an insanity defense, the defendant must prove by clear and convincing evidence that:
Protecting Your Rights When Facing a Search Warrant
It can be overwhelming to find law enforcement officers standing outside of your home, holding a search warrant when you do not even expect it. However, you must remember that you have rights. Understanding your rights if faced with a search warrant can help ensure that your rights are upheld. An Illinois lawyer can help guide you through the steps you should take if you find yourself in this challenging position.
Definition of Search Warrants in Illinois
A search warrant is a legal document issued by a judge that authorizes law enforcement officers to search a specific location, such as your home, vehicle, or business, for evidence related to a crime. In Illinois, the issuance of a search warrant is contingent upon probable cause, which is the reasonable assumption that evidence of a crime will be discovered at the specified location.
Legal Strategies for Fighting Theft Charges in Illinois
Facing theft charges can be an incredibly overwhelming experience. The consequences of a conviction can have far-reaching impacts on your life, including potential fines, probation, or even jail time. However, it is crucial to understand that you have legal rights and options to defend yourself against these charges. An Illinois lawyer can help you explore potential legal strategies for fighting theft charges.
Challenging the Evidence
One of the most effective strategies in defending against theft charges is to challenge the evidence presented by the prosecution. In Illinois, the burden of proof lies with the state, and they must prove their case beyond a reasonable doubt. Your attorney can scrutinize the evidence, looking for weaknesses, inconsistencies, or violations of your constitutional rights during the investigation or evidence collection process.
Should You Dispute Breath Test Results For an Illinois DUI?
A DUI charge can cause chaos in your life in an instant. Many drunk driving arrests rely heavily on breathalyzer readings to establish blood alcohol content (BAC) levels. However, these devices are imperfect and mishandling results happens often. An Illinois lawyer can help you to contest questionable breath tests in court and whether doing so aligns with your best legal interests.
How Do Breath Tests Work and Why Should I Challenge Them?
Breath analyzers estimate BAC through an infrared spectroscopic analysis of your breath. But the reliability depends on proper device calibration, testing protocols, and operator skill. Procedural deviations could make the numbers inaccurately high or low. By examining maintenance records and administrator errors, a defense lawyer may succeed in excluding faulty breath results.
Potential Breath Testing Mistakes
Mistakes often happen during breathalyzer testing. Watch for these issues:
Will I Be on the Sex Offender Registry if I Am Accused of a Sex Crime?
The sex offender registry is a list of people who have been convicted of certain sex crimes. The list is published online, and anyone can search it to see if someone has been convicted of a sex crime. As you can imagine, being included on the sex offender registry can have serious consequences for a person’s reputation and future opportunities.
When someone is listed on the Illinois sex offender registry, they must comply with certain restrictions and follow a specific set of rules. For example, an individual accused of a sex crime involving a minor may be prohibited from living near a school or public park.
If you were arrested for an alleged sex crime, it is crucial that you understand your rights and legal options. Speak to a sex crime defense lawyer for personalized legal support.
Illinois Offenses that Require Registry on the Sex Offender List
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