Recent Blog Posts
Challenging Sexual Assault Charges in Illinois
Sexual assault charges, especially aggravated criminal sexual assault, are among the most serious criminal charges in Illinois. If you are facing one of these charges, you need to speak with an experienced Chicago sexual assault defense attorney as soon as possible. Often, these cases involve a complex legal process with a web of laws that apply. Challenging the allegations alone risks conviction, and a conviction can result in devastating penalties.
What Does Illinois Law Say About Sexual Assault?
Several statutes cover the actions and penalties related to sexual assault in Illinois. According to 720 ILCS 5/11-1.20, criminal sexual assault involves penetration with the use of or threat of force. It is a Class 1 felony and carries a potential penalty of up to 15 years in prison. Under certain circumstances, such as repeat offenses, it can result in life imprisonment. Other charges to consider are:
When Are Police Allowed To Search Without a Warrant in Illinois?
Law enforcement officers often rely on search and seizure to gather evidence in criminal cases. Often, for serious offenses, such as homicide and drug crimes, the prosecution’s case relies heavily on evidence collected during a search and seizure. Proving that evidence was obtained illegally, meaning in a way that violated your Constitutional Rights, can make a strong defense strategy. First, consider some circumstances that may seem unlawful but are not. If you have questions about your rights and how they apply to your case, a Cook County, IL criminal defense attorney can help.
When is No Warrant Required for a Search in Illinois?
The Fourth Amendment guarantees your right to be secure in your person, papers, home, and effects, protecting you from unreasonable searches and seizures by a government entity, including the police. Generally, that means they must have probable cause and a valid warrant to search you or your property. However, exceptions to the rule include:
What Is Public Indecency and How Can You Fight the Charge?
A public indecency charge can be a shocking surprise, leaving you wondering what to do next. The penalties for sex-related crime can be severe, including long-lasting implications, and you may be seriously worried about your future and your reputation.
The first step is understanding the charge against you and how a Chicago, IL public indecency defense attorney can help you challenge the allegations. An experienced attorney will walk you through the laws that apply to your case and help you build a defense.
How Does Illinois Law Define Public Indecency?
Under Illinois statute 720 ILCS 5/11-30, sexual conduct, including performing the act of sexual penetration, by a person 17 years or older in public, constitutes public indecency. Additionally, lewdly exposing your body with the intent to sexually satisfy or arouse someone also falls under this statute. The law defines a public place as anywhere that you can reasonably expect to be seen by other people. A common misconception is that you must be nude to be charged with public indecency, but this is not always the case.
The Difference Between Aggravated Assault and Attempted Murder
Aggravated assault and attempted murder are among the most violent crimes. Both are serious charges that carry severe penalties if convicted. If you have been charged with either of these crimes, you should contact an experienced Cook County, IL violent crimes attorney to learn more about the specific charges against you and what defense strategy would work best in your case.
Definitions of Aggravated Assault and Attempted Murder
According to Illinois statute 720 ILCS 5/12-2, aggravated assault is a form of assault that is escalated by specific factors. Typically, if you use a dangerous weapon or behave in a way that implies that you will use a deadly weapon to cause someone bodily harm, you can be charged with aggravated assault. A deadly weapon could be a firearm, a vehicle, or any object that could be considered a weapon.
The Long-Term Impact of a Domestic Battery Conviction
The consequences of a violent domestic battery conviction extend beyond the immediate penalties. The legal aftermath can be life-changing, affecting everything from your personal relationships to your financial situation. If you have been charged with battery after a domestic altercation, a Chicago, IL domestic battery defense attorney can help you understand the charges against you and what they could mean for your future.
Employment With a Criminal Record
One of the most damaging effects of a battery conviction is that it will appear on your criminal record indefinitely. In 1991, Illinois passed the Uniform Conviction Information Act, requiring the state police to make public a collection of a person’s criminal convictions. Note that charges alone are not public, only convictions.
6 Steps to Fight False Murder Accusations
There are few more terrifying and stressful legal situations to find yourself in than facing false allegations of murder. You know you did not do what you are being accused of, but the police are convinced that you did and are treating you like a criminal when you are innocent. Although it might feel like you are experiencing your worst-case scenario, it is important to remember that you have rights and ways to protect yourself. Being accused is not the same as being charged, and a skilled Chicago, IL criminal defense attorney can explain your options and build an aggressive case to defend you.
What Should I Do if I Am Falsely Accused of Murder?
Step 1: Remain Calm and Avoid Self-Incrimination
It is important to remain calm, even though you are likely overwhelmed and distressed. Responding impulsively or angrily can have a severe impact later on. Never make statements to law enforcement or anyone else about the case until you consult with an attorney. Anything you say can be used against you in court, so you must exercise your right to remain silent. Remember, under the Fifth Amendment of the U.S. Constitution, you have the right not to incriminate yourself.
Can You Be Charged with Murder if You Did Not Pull the Trigger?
Most people think that murder charges can only be brought against someone who directly caused another person’s death. In Illinois, even if you did not pull the trigger, you can still be charged with murder. If you help or take part in a crime that leads to someone's death, you could face serious charges, including first-degree murder. A skilled Illinois criminal defense lawyer can explain why and what you can do about it.
Illinois Law and Murder Charges
There are various ways you can end up facing murder charges even if you did not do anything that directly ended someone else’s life.
The Felony Murder Rule
In Illinois, when someone dies while a felony is committed, for example, during a burglary or robbery, anyone involved in that crime can be charged with murder – even if they did not intend for anyone to die.
What Happens If You Are Accused of Threatening a Judge in Illinois?
Threatening a judge is a serious crime in Illinois and can result in felony charges. However, certain words and actions can be interpreted as a threat even if you did not actually mean any harm. If you are accused, it is no joking matter and you should consult with a knowledgeable Illinois criminal defense lawyer as soon as possible to understand your options.
What Counts as a Threat?
A threat can be something direct, like saying you will harm a judge, or indirect, like suggesting that something bad might happen to him or her. Whether you are speaking in a serious tone, joking around, or having an outburst during a heated moment, it does not matter.
Posting about your case on social media and saying that the judge had better watch out, sending an angry email that implies the judge will regret ruling a certain way, speaking or acting in court in a way that is seen as intimidating, or even making wordless gestures that are suggestive of violence could all be considered threats, depending on the circumstances.
How Can I Fight Jury Bias in My Illinois Criminal Case?
Defendants have the right to have their cases heard by a jury of their peers, but what happens if that is not possible? When people report for jury duty, both the defense and prosecution can question them to understand whether they might have something in their background that would make them judge the defendant based on anything other than the facts of the case. However, sometimes there are unknown biases that do not come to light from pretrial questioning and can impact the outcome of the case. To understand more about how you can fight jury bias in your criminal case, speak with an experienced Illinois criminal defense lawyer.
What is Jury Bias?
Jury bias can take many forms. Sometimes, jurors have subconscious prejudices against defendants who are accused of certain crimes. Other times, they might be influenced by social media, news reports, what their friends tell them, or their personal experiences with law enforcement and the justice system. In high-profile cases, exposure to pretrial publicity can also lead jurors to have strong opinions about the case before a trial even begins.
Can You Face Prostitution Solicitation Charges for Hiring an Escort?
In Illinois, the legal difference between hiring an escort and hiring a prostitute is mainly based on the services provided and the specific intentions involved. While both involve paying for companionship, they can be treated differently under the law. If you have questions about solicitation charges, speak with an experienced Illinois criminal defense lawyer who can review your case and explain your options.
What Happens When You Hire an Escort?
If you hire an escort, it typically means you are paying someone for their companionship. People can hire escorts to accompany them to a social gathering, join them on a trip, or provide their company in any other scenario, without any explicit arrangement involving sexual services. As long as there is no exchange of money for sex, escort services are legal. If, however, the escort offers sexual services in addition to companionship as part of the paid arrangement, it could be considered prostitution, which is illegal.