Recent Blog Posts
Do I Need to Participate in a Field Sobriety Test?
Red, white, and blue represent freedom in the United States, but those take on a completely different meaning when you see them flashing in the rearview mirror of your car. Being pulled over can be scary and you might not be sure what to expect. If a police officer suspects that you are driving under the influence of alcohol, a simple traffic stop turns into much more.
Illinois Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) conducted a study to determine what sobriety tests are the most effective in determining if a suspect is driving under the influence. Illinois uses “Standardized Field Sobriety Tests” on individuals to determine their intoxication. It is imperative that individuals understand what these tests are so that they are better equipped should a situation arise when they are faced with the question of participating in them.
White Collar Crime: An Overview
Many people in Illinois have heard the term “white collar crime,” although they are unsure of its true definition. In this case, some think of investment bankers embezzling millions from their corporate office. Or, others maythinkof someone forging a document. Ultimately, white collar crime includes a wide variety of crimes. Due to the severity ofthe penalties, it is imperative that you reach out to an attorney immediately for helpif you are facing white collar crime charges.
What is white collar crime?
The FBI characterizes white collar crime by deceit, concealment, or violation of trust. There is no need for there to be a threat of physical force or violence. White collar crime usually involves theft or retrieval of financial assets with the intent of personal gain. This includes the theft or retrieval of data, too, not just monetary assets.
Assault and Battery Defined
When people hear the term “assault and battery,” they often think of one crime. Assault and battery, however, are two separate crimes under Illinois law. They are related, but still different.
Assault differs from battery in that it is psychological. It usually happens in anticipation of battery. Assault refers to a threat that can be verbal or physical in nature. For example, if you threaten to kill someone, that can be considered assault. If you swing a bat at someone to scare him or her,but do not make contact, you can then be accused of assault, but not battery.
Battery involves some form of physical contact. It is a broad term that can mean anything from an unwanted hug to a punch in the face. It can also involve getting hit by an object or getting harmed by a firearm. Determining whether or not an incident should be considered battery can be confusing, though. The actual physical contact must be intentional, but the harmful nature does not have to be. Even poisoning someone’s food or blowing smoke in someone’s face can be considered battery.
When You Are the Subject of an Order of Protection
There is absolutely no question that domestic abuse and intimate partner violence are real problems in thousands of American households, including many right here in Northern Illinois. While many people are forced to suffer the effects of such abuse, sometimes allegations are exaggerated or even completely fabricated. Domestic violence, however, is such a sensitive and dangerous issue that claims of innocence by an alleged abuser are taken much less seriously than the allegations themselves. It is not unheard of for an order of protection to be issued based on false pretenses or misunderstandings, leaving the accused in very unfair position.
Comply With the Order
Under Illinois law, an emergency order of protection can be granted based on the testimony and evidence presented by a single party. The alleged abuser is not required to appear or provide his or her side of the story. When a victim is actually in danger, this process allows the person to obtain protection from an imminent threat quickly. When the allegations are overblown or totally made up, on the other hand, the process puts the accused at a serious disadvantage.
Types of Juvenile Crimes
Adults are not the only ones who break the law. Teens commit many crimes as well. Those under the age of 17, however, typically cannot be held responsible for the crimes they commit. The area of juvenile lawapplies to teens and is focused more on rehabilitation rather than punishment—prison time and hefty fines are not always appropriate forms of punishment for juveniles.
There are many sentencing options for juvenile courts. They are typically grouped into two types: incarceration and non-incarceration. Incarceration does not have to involve jail, although it sometimes does—particularly if the minor committed a felony. Other forms of incarceration include house arrest, placement in a foster home, and juvenile hall.
For minor crimes, a teen may be able to avoid incarceration. Non-incarceration punishment options include verbal warnings, fines, community service, counseling, and probation.
The Consequences of Speeding in a Construction Zone
Speeding in any area is an offense punishable by hefty fines. This is especially true in construction zones. Workers are in these areas performing road maintenance and it is important to slow down and watch for them. Plus, heavy equipment is often in use and these vehicles can cause serious damage to you and your vehicle.
Statistics show, however, the motorists are more likely to be injured or killed in construction zone accidents than workers. Between 2010 and 2014, there were an average of 27 fatalities each year. Only an average of two of those involved workers.
Traffic violations in construction zones are no laughing matter. While most violations involve speeding, using your cell phone, or failing to yield can also get you a ticket. The speed limit in a construction zone is 45 mph. If you are given a ticket for exceeding this speed limit, you will face a $375 fine and be ordered to appear in court. The penalties get much steeper on subsequent offenses. If you are caught a second time, the fine goes up to $1,000 and you will have your license suspended for 90 days.
What to Know About Retail Theft
Shoplifting is considered theft of an item for sale at a place of business. It is a major problem for retailers across the United States.Seemingly minor shoplifting habits,such as taking a candy bar or a pack of gum from a store without paying, canresult in major legal trouble.Moreover, depending on the value of the stolen items, felony charges could result.
In 2016, loss of inventory cost U.S. retailers nearly $49 billion. It isnot just outsiders stealing goods. Employee theft accounted for 30 percent of inventory loss.
Retail theft can occur in many ways. Even ringing up an item at a lower price is considered theft. The laws and penalties vary from state to state. Therefore, it is important to understand the laws that apply should you ever be charged with retail theft in Illinois.
Disorderly Conduct in Illinois
When people think of disorderly conduct, they mayenvisionsomeonewho isdrunk and acting out in public. Whilethis is a form of disorderly conduct, it is not the only one that can cause a person to face criminal charges.
Disorderly conduct refers to an act that disturbs the peace. In some states, such acts result in a mere fine. In Illinois, however, these acts are charged as misdemeanors most of the time. In some instances, they are even charged as felonies.
This means that a disorderly conduct charge can affect your life in many ways. Avoid getting in trouble with the law by understanding what types of acts can get you a criminal record in Illinois.
What Illinois Law Says
Under 720 ILCS 5/26-1, disorderly conduct consists of the following:
- Acting in an unreasonable manner to alarm or disturb someone;
Plenary Orders of Protection
The most recent blog entry discussed emergency protection orders. Emergency orders of protection, which are sometimes colloquially referred to as restraining orders, are legal documents which allow a victim of domestic violence to be protected from their abusers. These orders are only temporary. A plenary order of protection is usually the next step after an emergency order of protection. These orders of protection require a hearing, but they last much longer. A plenary order is issued by a judge after a hearing with both the petitioner—the alleged victim of domestic violence—and the respondent—the alleged abuser.
What to Expect at a Plenary Order of Protection Hearing
A court hearing can be an overwhelming undertaking for anyone, especially someone who has been abused. Abuse and domestic violence often chip away at a victims’ self-confidence, even convincing the victim that he or she deserved the abuse. However, although it can be emotionally exhausting, a plenary order of protection is the safest choice for someone worried about his or her safety. Generally, the hearing date is set on the Emergency Order of Protection (EOP), but this date is not set in stone. A hearing can be delayed for many reasons, but victims of abuse should take heart in knowing that their emergency order of protection will remain in effect until the hearing can be conducted.
Aggravated Speeding: What You Need to Know
Many people drive a little fast every now and then.For instance,the car in front of youmay be going too fast and you simplykeep up with the flow of traffic. Or,perhaps you are running late for work and you need to speed up to get there on time. Perhaps you have a sports car and enjoy going fast.
Drivers can bepulled over for going 10, 15 and 20 mph over the speed limit. In these cases, the only punishment is a speeding ticket. Youwill have to paythe fine as well as take traffic school if you want to avoid insurance premium increases.
However, if you are caught going 26 mph or more above the speed limit, you will face hefty penalties. Going a few miles above the speed limit is one thing, but driving at an excessive speed is considered reckless. This is called aggravated speeding.
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