Posted on June 29, 2018 in Traffic Offenses

Few things compare in a young person’s life to finally being able to drive a car onhis or her own.He or she hastaken driver’s training, driven the required amount of hours with an experienced driver, andcan nowdrive onhis or her own.However, with this freedom comes an added responsibility.

Since teen drivers are so new and inexperienced, they face stricter rules and regulations in an effort to keep the driver, and those around them, safe.

Cell Phone Use

In Illinois, a driver is not permitted to be onhis or her cell phone or other handheld device while driving.He or she can only make calls with a hands-free option. However, the rule is different for teen drivers. A driver under the age of 18 is not permitted to use a cell phone while driving at all, even ifthe deviceis hands-free. The only exception is in the event the driver needs to call 911 or otherwise contact emergency services or the police.

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 Posted on June 25, 2018 in Theft

Two University of Illinois football players are currently in the news for more than their football skills. The two linebackers for the Illini stole a deer sculpture from a local park. The pairis being charged with theft with a value between $500 and $10,000.

The two allegedly saw the sculpture on the ground when they were walking home, according to CBS Sports. The deer, named “Startled,” is estimated to be worth $5,000. After taking the sculpture from the park, the two football players placed the deer on their rooftop. The park district director says that steps and measures have been taken so that the deer cannot be placed on any other rooftops throughout the city.

Theft in Illinois

Overall, a theft charge is a serious offense that must be treated as such. Illinois law defines theft as when a person knowingly:

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 Posted on June 22, 2018 in Traffic Offenses

It should come as no surprise that driving with any type of distraction is dangerous to you and everyone else on the roadways. One of the biggest distractions plaguing drivers is the number of drivers who are texting and driving. Concluded in a study by the National Highway Traffic Safety Administration, texting drivers can be six times more dangerous thandrivers operating a vehicle under the influence of alcohol or drugs.

Because of the dangerous nature of texting and driving, and other types of distracted driving, Illinois lawmakers have imposed a bill that would make texting and driving offenses more serious, according to My Stateline. In 2014, Illinois passed a law that made first time texting and driving offenses a nonmoving violation. House Bill 4846 changes this law and makes texting and driving a moving offense. The bill passed in the House and moved to the Illinois Senate for consideration and vote. Bill 4846 was also passed by the Senate.

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 Posted on June 21, 2018 in Orders of Protection

Most people are aware that orders of protection are tools available in Illinois to help prevent instances of domestic violence. When a judge issues an order of protection, the order limits the behavior of the alleged abuser and may restrict him or her from contacting the alleged victim or the victim’s children, among other restrictions. What happens, though, if you obtained an order of protection but no longer believe that you are in danger of abuse? Can you have the order dropped?

The answer is complicated, as it will depend entirely on the circumstances of your case. You can petition the court to vacate the order, but the court is not obligated to do so.

The Process

Generally, to have an order of protection dropped, you will need to go back to the county court where you filed the petition for the original order. The court clerk will have paperwork for you to complete, and you may be asked to speak with the judge or another officer of the court before the order is vacated. The purpose of the discussion is so that the court can be certain you are dropping the order voluntarily. Orders of protection usually involve abusive individuals, and judges realize that it is not out of the question for an abuser to force or manipulate a victim into dropping a protective order.

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 Posted on June 20, 2018 in Domestic Violence

Domestic violence is a major problem across the state. In general, the Illinois Domestic Violence Act provides remedies available to those who might be victims of domestic violence. When appropriate, abusers must face consequences for their actions. However, not everyone charged withdomestic violence is guilty.

Overall, while the law is meant to protect victims, some individuals may choose to falsely allege domestic violence in order to advance their agenda. If you have been charged with domestic violence in the state, it is imperative that you fully understand the scope of the crime and how to mount a solid defense.

False Allegations

One of thegreatest concerns in domestic violence situations is determining who is telling the truth. Situations can turn into a “he said, she said” battle that is hard to handle. With sympathy usually going to the alleged victim, the best way to prove the allegations are false is to poke holes in that person’s story. If you find inconsistencies and false statements that can be corroborated, itmay be easier to prove that the alleged victim is making false accusations. False allegations are often used in child custody cases and divorce to get a more favorable outcome.

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 Posted on June 14, 2018 in Orders of Protection

A quick scan of local or national headlines will show that the issue of domestic violence continues to plague our communities and our nation. Each year, millions of Americans are subjected to violent and abusive behavior perpetrated by romantic partners and other family or household members. As you may know, if you have been abused or you believe that you are in danger of being abused, Illinois law gives you the ability to seek an order of protection against your alleged abuser. But, what if you are the alleged abuser? More importantly, what if you have not done anything wrong but an order of protection was still issued against you?

Understanding the Order of Protection Process

It is important to know how an order of protection is issued. There are three types of protective orders in Illinois: plenary, interim, and emergency orders of protection. A large number of cases begin with an emergency order of protection, or EOP. To obtain an EOP, an individual must file an affidavit with the county court detailing the alleged abuse or the threat of abuse. If the court finds that the allegations are credible, an emergency order may be issued, regardless of whether the alleged abuser was notified in advance of the filing.

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 Posted on June 13, 2018 in Juvenile Crimes

Everyone makes mistakes, but minors and young adults are prone to doing so because they are learning and developing. Of course, mistakes often have consequences, but they should not alter the course of a person’s life.

A new bill introduced by State Representative Laura Fine would let judges decide if misdemeanor cases of 18, 19, and 20-year-olds could be tried in juvenile court, rather than adult court, according to WSIL-TV.

Rep. Fine stated the bill was introduced to focus on misdemeanors to “give kids who make a mistake a second chance.” Science tells us that the brain is not fully developed until around the age of 26. Therefore, a young adult might not be in complete control forhis or her crimes. The purpose is to not excuse criminal behavior, but to give the young adult the chance to rehabilitate through juvenile court rather than face the harsher penalties imposed in regular court.

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 Posted on June 11, 2018 in Juvenile Crimes

The legal drinking age in Illinois is 21. That being said, this does not stop individuals under the age of 21 from consuming alcoholic drinks at an alarming rate.Underage drinking is dangerous and can have serious consequences. And, to be sure, there are various crimes a juvenile can be charged with in relation to alcohol- underage drinking, drinking and driving, and the use of a fake ID are just a few of the crimes. Each of these crimes can result in punishment that can greatly affect a young person’s life in the years to come.

Crimes Related to Underage Drinking in Illinois

If you or a loved one has been charged with any of the following crimes in Illinois, it is imperative that you reach out to our legal team immediately:

• Underage Drinking: It is illegal for anyone under the age of 21 to drink alcohol. Illinois law states that the “possession, consumption, purchase, or receipt of alcohol by an individual under the age of 21” results in suspension of driving privileges. The first conviction results in a three-month suspension of driving privileges and court supervision for six months. A second conviction can result in suspension for one year and any other subsequent convictions can result in revocation of a driver’s license.

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 Posted on June 08, 2018 in Burglary

When someone thinks about burglary,he or shemay think of a person breaking into a building, or home, to steal something valuable.While that is burglary, there are other instances in which a person can face burglary charges and not even realize it.

If you are facing charges for burglary in Illinois, it is imperative that you contact an attorney immediately. To be sure, a skilled lawyer can help protect your rights throughout each stage of the criminal process.

Types of Burglary in Illinois

The following includes various types of burglary charges in Illinois, all of which require the assistance of a skilled attorney.

Burglary

According to Illinois statute, burglary is committed when a person “knowingly enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.” Burglary is considered a Class 2 felony in Illinois and carries a potential sentence of three to seven years.

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 Posted on June 05, 2018 in Domestic Abuse

If you are one of the millions of men and women who are victims of domestic violence, you may be lost, scared, and unsure of how to handle the situation. Firstly, you should know that you are not alone. Data shows that about one out of every three women and one out of every four men are abused by an intimate partner at some point in their lives. Domestic abuse can include physical, psychological, and sexual violence as well as threats and intimidating behavior. In the majority of domestic violence cases, the first thing a victim can do to protect themselves is to request an emergency order of protection.

Who Qualifies for an Emergency Order of Protection?

If you or your child have been abused by a family member or significant other, you qualify for an emergency order of protection (EOP)-sometimes referred to in casual conversation as a restraining order. Individuals who are concerned for the safety of a disabled adult may also file a petition for an order of protection on the disabled person’s behalf. You do not have to be physically injured by the alleged abuser in order to qualify for an EOP.

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