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Understanding Illinois’ Zero Tolerance Underage Drinking Law

 Posted on June 30, 2018 in DUI

IL defense lawyerWhen teens get behind the wheel of a car after they have consumed alcohol, they have a higher chance of getting into an accident. According to the National Highway Traffic Safety Administration (NHTSA), car crashes are the leading cause of death for teenagers, with a fourth of those crashes involving an underage driver who has been drinking. The NHTSA reports that drivers between the ages of 16 and 24 made up 39 percent of drivers involved in fatal alcohol-involved crashes. Illinois has adopted a zero tolerance law, meaning that if an underage driver is found to have any alcohol in their system, they will lose their driving privileges. Being charged with an underage DUI is a serious offense, so it is important that you understand the penalties.

Legal Penalties for Underage Drinkers

Under the Zero Tolerance law in Illinois, an underage driver who is found to have alcohol in their system can be subject to penalties under the Zero Tolerance law, but also DUI laws.

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Interesting Facts About Alcohol and the Human Body

 Posted on June 21, 2018 in DUI

IL defense lawyerAlcohol is not a new invention--National Geographic states that the Chinese were making a type of alcohol as long as 9,000 years ago. Humans have loved alcoholic beverages for thousands of years, and while the beverages themselves have been refined and the way humans use alcohol has changed, such as the prevalence of DUI’s, the effects that it has on us has not changed. Here are five interesting facts about alcohol and the human body:

  1. Moderate Drinking Can Be Good for Your Health

A study that was recently concluded at the University of Sao Palo’s Biomedical Science Institute in Brazil has finally pinpointed the enzyme that allows moderate alcohol use to benefit your heart. Scientists have proposed that alcohol has certain health benefits for years, but now the specific reason why has been discovered. The study showed that when alcohol is consumed in moderate amounts, it can help rid the body of aldehyde, which is a toxic byproduct of alcohol digestion, but also a byproduct of stressed heart cells, such as those from a heart attack.

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What Happens if I Violate My Probation in Illinois?

 Posted on June 16, 2018 in Felonies & Misdemeanors

IL defense attorneyIf 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;

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Illinois Man Gets Probation for Guilty Plea to Sexual Assault

 Posted on June 07, 2018 in Sex Crimes

IL defense lawyerAn 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.

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Domestic Violence Orders of Protection in Illinois

 Posted on May 31, 2018 in Domestic Violence & Orders of Protection

Illinois defense lawyerIn 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.

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Illinois Man Charged With Sexual Assault in Wheaton

 Posted on May 22, 2018 in Sex Crimes

Illinois defense lawyerA 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.

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Changes to Illinois Criminal Code Concerning Cyberstalking

 Posted on May 15, 2018 in Criminal Law

Illinois defense lawyerWith 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.

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Illinois Domestic Violence Laws

 Posted on May 09, 2018 in Domestic Violence & Orders of Protection

Illinois defense lawyerUnfortunately, 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;

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Understanding Illinois Sexual Consent Laws

 Posted on April 25, 2018 in Sex Crimes

Illinois defense lawyerOne 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.

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How Embezzlement Is Charged

 Posted on April 19, 2018 in Felonies & Misdemeanors

Illinois defense lawyerBeing 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.

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