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Recent Blog Posts
What Happens if I Violate My Probation in Illinois?
If you have been convicted of a crime, you may have either served a jail sentence and then been subject to probation, or you could have been sentenced to probation in lieu of jail. Either way, probation is taken seriously in Illinois and there are consequences for violators. Probation usually requires those who are convicted of a crime to follow a certain set of rules, which can be different for everyone, based on the crime they were convicted of. Violating a condition of your probation can lead to unwanted consequences.
Common Terms and Conditions for Probation
Though the terms of probation differ from person to person, there are a few conditions that are usually present in most probations. These conditions include:
- Obeying court orders;
- Obeying all laws;
- Attending meetings with your probation officer;
Illinois Man Gets Probation for Guilty Plea to Sexual Assault
An Illinois man has pleaded guilty to sexually assaulting a woman that he met at a nightclub in August 2017. The man was sentenced to probation last week after he pleaded guilty to a lesser charge of aggravated criminal sexual abuse and not criminal sexual assault, which he was originally charged with.
The Case
According to police, the man and another man, both residents of Arlington Heights, met the woman and two of her friends at a club in Lake in the Hills. The group left the club and went to the woman’s Crystal Lake house where the man forcibly performed sex acts on the woman, who said he held her down during the acts. The woman also stated that the men stole several pieces of jewelry that amounted to more than $500.
Man Gets Probation, Friend Gets Jail Time
The other man pleaded guilty to theft of more than $500 and was sentenced to four years in prison. Two other charges, another theft charge and a felony charge for criminal sexual assault, were dropped. The man who pleaded guilty to aggravated criminal sexual abuse was sentenced to two years of probation, must pay fines and fees of $1,440, and was ordered to undergo sex offender treatment. He was also required to register as a sex offender for life.
Domestic Violence Orders of Protection in Illinois
In the state of Illinois, domestic violence is defined as any act of physical abuse, harassment, intimidation, interference of personal liberty, or willful deprivation carried out against a family or household member. Domestic violence is a serious crime that can affect the physical and emotional well-being of victims. One defense that domestic violence victims have is orders of protection. If you’ve been accused of domestic violence and have received an order of protection against you, it is important for you to understand what you can and cannot do and the consequences if you break the order of protection.
What Is an Order of Protection?
According to the Illinois State Police, an order of protection is a legal order, given by a judge, that helps to protect victims of domestic violence. Orders of protection can order an abuser to take certain actions or to forbid them from taking certain actions. In Illinois, there are three types of orders of protection: emergency orders, interim orders, and plenary orders.
Illinois Man Charged With Sexual Assault in Wheaton
A homeless Illinois man has been charged with sexual assault for an incident occurring near the Illinois Prairie Path in Wheaton. The incident occurred in the early morning on May 18 near a DuPage Pads shelter, an organization that provides housing and support services to help individuals become self-sufficient.
The Case
Wheaton Police responded to a call that someone was screaming for help around the Pads shelter in Wheaton. The police reported that when they got there, they found the victim and the woman who was screaming for help, with dirt on her face and scratches and cuts to her upper body. According to the DuPage County State’s Attorney’s office, the man approached the woman and demanded sex. When she refused, he allegedly dragged her into the woods by her hair, sexually assaulted her and then fled the scene.
Changes to Illinois Criminal Code Concerning Cyberstalking
With the rise of technology, internet-based crimes have become more common in our society. According to the FBI’s Internet Crime Report, nearly 300,000 complaints were made concerning internet crime in 2017. Illinois ranked number seven on the list of states with the most internet crime incidences. The state of Illinois made changes to the Cyberstalking section of the Criminal Code of 2012, which went into effect at the beginning of 2018.
What Is Cyberstalking?
According to Illinois law, cyberstalking takes places when a person uses electronic communication to cause another person to fear for their safety or suffer emotional distress. The law also says that cyberstalking is committed if a person uses electronic communication to harass another person on two or more occasions and threatens bodily harm, sexual assault, confinement or restraint of the person or a family member of the person.
Illinois Domestic Violence Laws
Unfortunately, one of the most abundant crimes in the United States is domestic violence. An estimated 12 million people are affected by domestic violence in the U.S. each year, according to The National Domestic Violence Hotline. Facing domestic violence charges can be a complicated and emotional process, but a good place to start is to understand the laws and consequences concerning domestic violence.
Illinois Definitions of Domestic Violence
In the state of Illinois, an event is deemed domestic violence if the act of abuse is perpetrated against a family or household member.
According to the Illinois Domestic Violence Act of 1986, a family or household member is defined as:
- Spouses;
- Former spouses;
- Parents;
Understanding Illinois Sexual Consent Laws
One of the most controversial and emotional crimes a person can be accused of - whether the accusation is true or not - is a sex crime. One of the reasons why sex crime accusations are so controversial is the unclarity of what does and does not insinuate consent. Each state has its own sexual consent laws and varying punishments for sex crimes. It’s important to understand what constitutes sexual consent in your state.
Sexual Consent in Illinois
According to Illinois state law, consent is defined as a freely given agreement to the act of sexual penetration or sexual conduct in question. It also states that a lack of verbal or physical resistance or submission by the victim in response to the use of force or threat of force does not constitute consent. Illinois state law also says that the manner of dress of the victim does not constitute consent. Furthermore, a person can withdraw consent during the course of a sexual act and any further action by the accused is considered non-consensual.
How Embezzlement Is Charged
Being accused of embezzlement does not only threatens a person’s reputation and career but also their freedom. Embezzlement occurs when someone who was legally given access to property intentionally uses that property in an unlawful way.
Attempting to Prove Embezzlement
Embezzlement can occur for different forms of property, including:
- Cash – This can include stealing from a coworker’s register, refunding stolen items, or taking cash that was left in a customer’s purse or wallet.
- Checks – Examples include forging checks or depositing money into false accounts.
- Company materials – Materials like equipment, supplies, and scrap materials may be embezzled.
- Falsified accounts – The event occurs if a non-existent employee is added to the payroll or an inactive account is used for credit.
Common Defenses against Burglary
Burglary occurs when a person knowingly enters an enclosed dwelling, such as a house or school or a vehicle, such as a car or an aircraft, without authorization, and with the intention of committing a crime. A burglary charge is very serious, but there are some defenses that may be available to an accused person.
Potential Defenses Against Burglary:
- Lawful entry - In this defense, a person had permission to enter the premises, so it can be argued that no breaking and entering occurred.
- Lack of intent - The prosecution will try to prove that a person knowingly entered a building with the intent to commit a crime, and not for some other purpose. If intent cannot be proven, charges may be dropped.
- Coercion - A person may be forced into committing a burglary by verbal or physical threats from another person. In some situations, coercion to commit burglary can be an act of domestic violence.
How a DUI Conviction Can Affect Your Employment and Career
Being charged with driving under the influence, or a DUI, can affect many different areas of a person’s life. A person may find that their entire livelihood could be impacted by a DUI charge, including many potentially negative impacts on employment. Some factors that can affect employment are:
- Transportation. If a person is convicted of a DUI, they will face driving restrictions that can make it difficult to get to work. A first-time DUI conviction in Illinois carries a revocation of driving privileges for at least one year and a period in which their vehicle registration is suspended. Further convictions or more serious offenses can result in longer suspensions or the seizure of the driver’s vehicle.
- Time. Being charged with a DUI can lead to a person spending time in court that could have otherwise been spent working as they try to fight their charge. A DUI conviction can result in further lost time, as the person may be required to participate in community service or counseling, or they may need to serve time in jail.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
