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Recent Blog Posts
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
Illinois Drug Charges Involving Hydrocodone
Hydrocodone, or Vicodin, is considered a Schedule II controlled substance in Illinois, meaning it has a high potential for abuse and dependence. Any possession, sale, manufacture, or distribution of this drug without proper authorization is strictly prohibited by law and can lead to severe penalties. Many people assume that they cannot face severe penalties for a substance that is frequently prescribed by physicians. However, a criminal conviction for a drug crime such as possession of hydrocodone can have life-changing consequences.
If you or someone you love are currently facing criminal charges for possessing or selling hydrocodone, it is important to understand the law, your rights, and the penalties for this offense. Reach out to a criminal defense lawyer to receive personalized guidance.
What are the Criminal Penalties for Vicodin in Illinois?
Blood Alcohol Test Inaccuracies Can Lead to Acquittal or Dismissal
When someone is arrested for drunk driving, they are often required to undergo blood alcohol testing. The blood alcohol limit in Illinois is .08 percent. If someone's BAC is above this limit, they will be charged with driving under the influence (DUI). However, blood alcohol tests are not always accurate. Various problems with the administration, storage, and analysis of a blood sample can lead to unreliable results. In some cases, these issues can lead to acquittal or dismissal of the DUI charges.
Problems with Blood Alcohol Testing for DUI
Blood tests are used to determine whether someone is intoxicated and are often crucial forms of evidence in a DUI case. However, there are a few ways that blood alcohol testing can be inaccurate or unreliable.
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Unqualified Individuals - Only certain individuals are qualified to administer a blood test. If the person administering the test is not adequately trained, the results could be unusable during the DUI case.
4 Myths and Misconceptions About Criminal Cases in Illinois
Rumors, television crime dramas, and the media have perpetuated many different myths and misunderstandings about the criminal justice system. When someone is arrested on suspicion of a crime, well-meaning but ill-informed friends and family often further complicate the situation by sharing inaccurate information. In this blog, we will explore some of the most common falsehoods about police, arrests, and the criminal justice system.
Myth: Cooperating with Police May Lead to a Lower Sentence
If you have ever been interrogated by police or watched a TV show depicting an interrogation, you may have seen police offering to “help” the defendant in exchange for the defendant’s cooperation. For example, the police may say, “If you answer my questions, I can help you out.” They may imply that confessing will lead to a lower jail sentence or reduced charges. However, police do not have the authority to determine a defendant’s charges or the length of his or her jail sentence. These are just tactics used to get a confession.
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