Posted on November 08,2024 in Criminal Defense

Whether you can be charged with burglary for entering your own home depends on whether the place you consider your home is a place where you have the legal right to be. People have been charged with and convicted of burglary for re-entering a home after moving out or being forced out, such as by a restraining order. You might also be charged with burglary if you were staying in a home but had not established legal tenancy and the legal resident had told you to leave. If you are charged with burglary for entering a place you considered to be your home, you need an experienced Chicago, IL felony defense lawyer to help you.

Orders of Protection and Burglary Charges

If your home or apartment is in your name, but your romantic partner also lives there, you could be ordered to vacate the residence if your partner obtains an order of protection. If you are ordered to vacate the residence, re-entering it could lead to not only restraining order violation charges but also burglary charges. It is rarely difficult for the state to read the intent to commit theft or a felony, such as a serious assault against your ex, into this type of unlawful entry. This is because you no longer have the legal right to be present in the home, even if you legally own it or the lease is in your name.

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 Posted on October 30,2024 in Criminal Defense

When someone is convicted of a crime, Illinois courts tend to take many factors into consideration when determining the specific charges and penalties. Judges examine whether there are any mitigating circumstances, or factors that might convince them to hand down a more lenient punishment than usual. These can include the defendant’s background and motives, whether he or she has shown remorse, the severity of the crime in question, and other relevant issues.

In recent years, as awareness of the impact of mental health on behavior has increased, mental illness has been included in the list of mitigating factors considered by judges when determining a sentence. While a history of psychological impairments does not mean a defendant’s charges are dropped, it can make a significant difference in the penalties he or she might face. If you have suffered from mental health issues and are facing criminal charges, contact an accomplished Cook County, IL criminal defense attorney to discuss how best to proceed.

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 Posted on October 10,2024 in Criminal Defense

As school shootings continue happening across the country, law enforcement and legislators have been trying to figure out ways to stop them from happening. One strategy has been to punish parents for their child’s crime, based on the idea that the fear of criminal charges could motivate parents to take more responsibility and take preventative steps.

A recent case out of Michigan in which the parents of a school shooter were convicted of involuntary manslaughter and sentenced to 10-15 years in prison has highlighted the developing trend to punish parents for their children’s actions. Their minor child was sentenced to life in prison without parole. While this is only the first time parents have been convicted for a school shooting that their child perpetrated, the case raises questions about the parents’ rights vs. their liability in such situations. Speak with a knowledgeable Chicago, IL criminal defense attorney to learn more.

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 Posted on September 26,2024 in Criminal Defense

Children and babies are susceptible to many types of accidents and injuries. When a baby dies suddenly from severe brain damage, suspicions quickly arise that the baby was shaken by a parent or caretaker. Diagnosing Shaken Baby Syndrome has become controversial due to inaccuracies, and infant death can be the result of many things aside from abuse. A recent case involving a caretaker pleading guilty to second-degree murder and getting sentenced to 14 years in prison for shaking a baby to death illustrates just how serious this can be. If grieving parents are placed under investigation and facing charges, a dedicated Chicago, IL criminal defense lawyer can represent them and aggressively defend their rights.

Diagnosing Shaken Baby Syndrome

Shaken baby syndrome (SBS) can develop when someone engages in serious child abuse by shaking, throwing, or dropping a baby. Babies’ brains are not yet fully developed and are smaller than their heads. Their neck muscles are also unable to fully support their heads. That is why shaking a baby can lead to blindness, deafness, developmental delays, learning disabilities, paralysis, seizures, and death. 

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 Posted on September 12,2024 in Criminal Defense

Being convicted of a crime can be extremely distressing. You are likely thinking about your rights and freedoms that will be taken away from you and the implications the criminal charges can have on your future. Depending on your case, you might be able to appeal your conviction, but you need to do it as quickly as possible. If you want to appeal your Illinois conviction, speak with an experienced Chicago, IL criminal defense lawyer to review your options.

When Does Illinois Allow Conviction Appeals?

There are certain circumstances under which a conviction or sentence can not be appealed, but that will be mentioned explicitly during the sentencing. Otherwise, you are legally entitled to appeal your conviction. Some common reasons that are given for requesting an appeal include:

• Evidence: You might appeal your conviction if a piece of evidence you feel could prove your innocence was not allowed by the judge. On the other hand, if the judge allowed evidence that you were opposed to, this could also be a reason for you to seek an appeal.

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 Posted on August 21,2024 in Criminal Defense

When babies are born, the hospital runs several routine blood tests to monitor their general health. In the past, Illinois hospitals were legally required to report to the authorities if a baby tested positive for drugs. That often led to investigations and criminal charges. Advocates for getting mothers the help they need while focusing on the baby’s best interests have led to changes in the law. If you are concerned your baby might test positive for drugs and unsure of the legal implications, speak with a qualified Chicago, IL criminal defense attorney to learn more.

Illinois’s New Reporting Laws for Babies Testing Positive for Drugs

Illinois’ General Assembly recently passed a new law stating that hospitals are no longer required to report newborns who test positive for drugs to the police. These reports led to many investigations as well as charges of child abuse or neglect in the past. The new bill shifts the emphasis from automatic legal action to a more supportive approach.

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 Posted on August 09,2024 in Criminal Defense

If you are facing serious criminal charges in Illinois, there are so many factors that can affect how it might end. If you get convicted, your sentence might be influenced by several aspects like the credibility of eyewitnesses, the setting where the crime allegedly took place, and even your ethnicity. One thing that can make your case even more complicated is if you already have a criminal record. When someone is charged with a violent crime, any past convictions can affect how severe their punishment might be. If you or someone you know is dealing with such charges, speak with a seasoned Cook County, IL criminal defense attorney who can explain how your criminal record might impact your sentencing.

Sentencing with Prior Criminal Records

When you face charges for violent crimes, a criminal record could affect your sentencing in several ways. These include:

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 Posted on July 24,2024 in Criminal Defense

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.

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 Posted on July 05,2024 in Criminal Defense

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.

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 Posted on June 20,2024 in Criminal Defense

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.

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