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4 Steps to Follow When Someone Accuses You of Rape
Rape allegations are taken extremely seriously in Illinois and can lead to severe consequences. Beyond the potential for extended imprisonment, hefty fines, and lifelong registration as a sex offender, rape accusations can damage your ability to get hired for employment or approved for housing, and they can impact your relationships for the rest of your life. This article will review important steps to take immediately if you are accused of rape, which is commonly referred to as criminal sexual assault in Illinois. If you think you might be facing accusations of rape, speak with a qualified Cook County, IL criminal defense lawyer with experience defending clients in similar situations who can explain the process and build a strong defense.
Step 1: Exercise Your Right to Remain Silent
The Miranda rights, which apply to anyone arrested on any charge, state that you have the right to remain silent. It is important to exercise this right and not to speak about the accusations with anyone, including law enforcement, family, or even friends, unless you have a lawyer present.
Who Did the Illinois Felony Murder Doctrine Reform Leave Behind?
England is the origination point for felony murder laws, yet those laws were abolished in 1957. Today, America is the only country where felony murder laws exist. Illinois expanded the ways felony murder could be charged in 1961 after having the law in place since 1827. Then, on January 22, 2021, the Illinois Safety, Accountability, Fairness, and Equity-Today, or SAFE-T Act, was signed into law by Governor JB Pritzker.
A provision that narrowed—but did not abolish—Illinois felony murder laws was tucked away in the SAFE-T Act. Many people who fell under the felony murder law seem to have been deliberately left behind under SAFE-T. The Illinois felony murder law prior to SAFE-T establishes strict liability without the requirement of proof of culpable mental state regarding the actions that caused a death.
Felonies and Misdemeanors in Illinois
It can be confusing trying to understand the different ways a crime might be charged and punished in Illinois. Some crimes are charged as ordinance violations, misdemeanors, or felonies. Some charges are categorized by type, for example, drug crimes, traffic crimes, crimes against a person, and crimes against property. Each type of charge has its own set of penalties. This article will review various types of misdemeanors and felonies. If you are interested in learning more, speak with a knowledgeable Chicago, IL criminal defense lawyer.
Categorized by Severity of Crime
One of the ways that crimes can be categorized in Illinois is by how severe they are. Generally speaking, this type of categorization generally includes felonies and misdemeanors.
Less severe crimes tend to be charged as misdemeanors, which can include driving under the influence (DUI), shoplifting, drug possession, assault, and battery. A crime under this category is classified as a Class A, B, or C Misdemeanor, with A being the most severe and C being the least. Misdemeanors can be punished with steep fines and up to a year in prison.
How Does Illinois Define the Crime of Statutory Rape?
The state of Illinois takes all accusations of sex crimes seriously, particularly if you are accused of having sexual relations with anyone younger than 17 years old, even if your sexual partner offered their consent. Of course, there are exceptions to this rule. Additionally, some scenarios might be punished much more severely than others. This article will examine statutory rape charges and various factors that can impact sentencing. If you have reason to believe you might be facing accusations of statutory rape, it is essential that you speak with a qualified Chicago, IL criminal defense attorney as soon as possible to ensure that you are protecting your rights.
Statutory Rape Laws in Illinois
The state of Illinois has a large scope of laws relating to sexual crimes, and accusations of statutory rape are handled with these laws in mind. The various types of crimes are:
Criminal Cases and Social Media
The way we live today is how “the distant future” was depicted only a few decades ago. We walk around with phones that are essentially computers fitting in our pockets. We have access to endless information, we have capabilities that people used to only be able to imagine, and our technology helps us accomplish so many things. Unfortunately, with this technology so accessible to so many, things that we do and write can be seen by people we do not even know.
That is the problem with social media. On the one hand, it makes life easier because it is a very convenient way of staying in contact with people. On the other hand, it means we hardly have any privacy anymore. We can never be sure who might end up seeing the things we post. And this is why, when a criminal case is still underway, you should be careful about how you act online. If your criminal case is not yet resolved, speak with a skilled Cook County, IL criminal defense attorney who can advise you on specific modifications to your social media conduct that might benefit you.
How to Respond to Sex Crime Accusations
The state of Illinois takes sex crimes accusations very seriously. The charges and sentences you might face could affect you for the rest of your life. Even if you are innocent and have been falsely accused, there are some steps you should take as soon as you know that an accusation has been made against you. Following these steps after an accusation can have a significant impact on the outcomes and can make a huge difference to your future. If you are accused of criminal sexual assault, speak with a dedicated Cook County, IL sex crimes defense attorney who can guide you throughout the process and fight aggressively to ensure that your rights are protected.
Step 1: Exercise Your Right to Remain Silent
Being accused of any crime can be an awful experience. It is reasonable to feel nervous, stressed, and afraid. You might want to seem helpful and cooperative to the police who are questioning you. You might even want to offer your side of the story, especially if you believe you are innocent. However, it is imperative that you remain silent. Unless you have a lawyer present, you are not obligated to answer any questions, and you should make an effort not to. Being suspected by the authorities of committing criminal sexual assault can be intimidating, and they might confuse you with offers of leniency if you cooperate. Unfortunately, without legal knowledge and an understanding of interrogations and their consequences, you could easily say something that can be used against you later on. You have a constitutional right to keep your mouth shut, so there is no reason not to.
Know How to Invoke Your Miranda Rights After an Arrest
Police officers must read Miranda Rights to anybody they plan on detaining for questioning following an arrest. Although law enforcement is required to inform you that you have the right to remain silent and to contact an attorney, they will likely not inform you of how to take advantage of these rights.
If you want to ensure that your rights are protected, you need to speak with our Chicago criminal defense attorney. With over a decade of criminal defense experience, he is ready to assist you following an arrest for a federal or state-level crime.
What are Miranda Rights?
Miranda Rights are constitutional rights that must be read to every person following an arrest if the police are planning to hold you in custodial interrogation. A person is considered to be in custodial interrogation if he or she is in the presence of law enforcement (i.e., at the police station) and is not free to go.
Signs You Might Be Under Federal Criminal Investigation
If you have been charged with a federal crime, you may be facing prison time and steep fines. Although you may not be formally notified, federal agencies routinely investigate suspects of federal crimes.
If you have reason to believe that you are under investigation, do not wait to reach out to Law Offices of James F. DiQuattro. In this article, our Chicago federal crimes attorney discusses the telltale signs that you are under federal criminal investigation.
Receiving a Target Letter
Receiving a target letter from the U.S. Department of Justice or U.S. Attorney’s Office is a sure sign that you are under federal investigation. The letter informs criminal defendants that they are the focus of a Grand Jury’s investigation and of the charges against them.
Being Presented with a Search Warrant
A police officer must obtain a search warrant to search your property. Signed by a judge or magistrate, a search warrant authorizes a police officer to search the location and property specified in the document. If a federal agent shows up at your home or workplace with a warrant, that is another sign that you are being investigated for a crime.
What Evidence Can Help Your Criminal Defense in Illinois?
Convincing evidence can make the difference between being found guilty or not guilty of a crime. An experienced criminal defense lawyer will know what evidence is needed to support an acquittal in a criminal case. In investigating your case, a criminal defense lawyer will know what avenues to pursue to obtain relevant evidence.
If you are facing criminal allegations, you need a Chicago criminal defense lawyer who has experience representing individuals charged with a variety of offenses. Below, we will discuss the most frequent types of evidence used in criminal investigations.
Physical Evidence
Physical evidence, also called real evidence, is any material object that was present at the crime scene. Such items may include a weapon, blood-stained clothing, or lipstick on a drinking glass. Physical evidence can provide valuable insight into who was present at the scene and other circumstances behind the crime.
To admit an item into evidence, you must provide evidence demonstrating that the item is what you claim it to be. This is known as authenticating evidence, and it is crucial to maintaining credible investigations in our justice system.
Motor Vehicle Theft is a Common Crime in Chicago
The popularity of TikTok videos has fueled the theft of motor vehicles in the past few years. In 2023, there were a reported 29,063 stolen vehicles in the Windy City. Earlier this year, there were 457 vehicles stolen in a single week.
If you have been accused of stealing a motor vehicle in Chicago, you deserve dependable legal counsel. Our Chicago motor vehicle theft attorney would like to discuss the legal implications of motor vehicle theft charges.
Illinois Law Against Car Theft
According to 625 ILCS 5/4-103, you will be considered in possession of a stolen motor vehicle if any of the following circumstances apply:
- If you do not own the motor vehicle and attempt to dispose of or sell the vehicle with the knowledge that it is stolen
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