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elgin defense lawyerSexual assault allegations can have a detrimental impact on personal and professional relationships, even when they are false. Individuals who face this type of accusation should act quickly to protect their rights and their future. If you or a loved one are facing accusations of sexual assault or other sex crimes, it is important that you work with a criminal defense attorney who can dispute the charges and possibly get them reduced or dismissed. 

What Constitutes a Sexual Assault Charge?

Sexual assault occurs when one individual commits a penetrative sexual act against another person without that person’s consent or capacity to provide consent. This type of assault includes at least one of the following elements:

  • Force is used or threatened 

  • Awareness that the victim lacks the ability to give consent

  • The accused individual is a family member of the victim and the victim is a minor

  • The accused is at least 17 years of age and is in a position of power or trust over the victim, and the assault victim is between the ages of 13 and 18 years old. 

Included in sexual assault is statutory rape, which is when an adult has sex with a minor. Under Illinois law, minors cannot legally give consent. 

Because this type of assault often takes place in private,  trial proceedings are often complicated due to opposing perspectives of the events. 

What Are The Consequences of a Sexual Assault Conviction?

Illinois does not take sexual assault charges lightly. An individual convicted of criminal sexual assault can receive prison time upon conviction ranging from four to 15 years. This is a Class 1 felony which may also result in a fine of up to $25,000. If this is the perpetrator’s second offense, it will be classified as a Class X felony resulting in 30-60 years imprisonment. Alternatively, aggravated criminal sexual assault may result in a penalty of 6 to 60 years of prison time and a maximum fine of $25,000. 

It should also be noted that anyone convicted of sexual assault will be required to register as a sex offender. Other instances that require this registration include aggravated sexual abuse, indecent solicitation of an adult, and three or more convictions of public indecency. 

Contact Our Elgin, IL Sex Crime Defense Attorney

Sexual assault, along with other sex crimes, is a very serious accusation that carries very heavy penalties if a conviction arises. If you are facing charges of sex crimes including sexual assault, rape, and sexual abuse it is important to connect with a Kane County sex crimes attorney who can provide proficient representation and collect proper evidence to fight your case. Contact The Law Office of Brian J. Mirandola to schedule a free consultation by calling 847-488-0889.



Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.50

 

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Posted on in Criminal Defense

elgin defense lawyerWhen an individual steals or damages another person’s property, they have committed a property crime. Property crime is a large umbrella encompassing offenses such as theft, arson, burglary, and vandalism. Property crimes can be very serious, especially when violence is involved. If you are facing property crime charges, it may be in your best interest to work with a criminal defense attorney who is familiar with these cases and will be well equipped to handle the impending criminal charges. 

Types of Property Crime

Property crimes include offenses that involve interference with another party’s property. Many property crimes are accompanied by violent crimes. For a charge of this type to arise, it is not always necessary that belongings are stolen or damaged, it may only depend on the perceived intentions of the accused. Comprised of both higher and lower-level offenses, property crimes include a wide range of offenses. Some of the crimes that would fall into this category include:

  • Theft: when an individual intentionally deprives someone of his or her property

  • Burglary: when an individual unlawfully enters a home or other closed structure with the intention of stealing property or committing a crime, often entering by force or coercion

  • Larceny: when an individual takes something of value without the owner’s permission and with the intention of depriving the rightful owner of the property permanently

  • Shoplifting: when someone steals or conceals merchandise from a retail store 

  • Arson: when an individual intentionally burns any type of property, including buildings or forest land

  • Robbery: when an individual uses the threat of force or actual force to take property or money from someone else

  • Vandalism: also referred to as criminal damage or malicious mischief, when an individual defaces, destroys, or degrades another individual’s property without the owner’s permission

Penalty Examples for Property Crimes in Illinois

Property crimes can be classified as either misdemeanors or felonies, depending on a range of factors. The particularities of each case help to determine the penalties for the different crimes. Some of these factors include whether any violent acts occurred, if any persons were harmed during the crime, and the property’s value. 

For example, there are many elements to consider when establishing the punishment for the crime of larceny. If the crime qualifies as grand larceny, the charge will result in much longer sentences than petty larceny. 

There are different classifications of misdemeanors and felonies that a person who commits property crimes could potentially receive. For each punishment included, it may also be possible that the defendant is ordered to pay restitution to the victim to account for expenses caused by the crime. Below includes a list of some examples of penalties someone who is accused of property crimes may face.

  • Class A Misdemeanors involve the stealing of property or money worth up to $500, resulting in a prison sentence of up to one year and a maximum fine of $2,500 for each individual charge. 

  • Class 4 Felony includes the stealing of property or money up to $500 when it is taken from a place of worship or a school. The accused could face 1 to 3 years imprisonment and a maximum fine of $25,000. 

  • Class 3 Felony includes the stealing of property or money worth $500 to $10,000 and could result in 2 to 5 years imprisonment and a maximum fine of $25,000.

Other possible penalties that could be imposed due to a property crime charge include Class 2 felonies, Class 1 felonies. Class 1 non-probationary Felony, and Class X Felony. 

Contact Our Elgin, IL Criminal Defense Attorney Today

Property crimes are taken very seriously throughout the justice system and can result in harsh penalties. If you are facing property offense charges, the criminal defense attorney with the Law Office of Brian J. Mirandola can help prepare an effective defense strategy and protect your rights. Contact our Kane County defense attorney today to schedule a free consultation by calling 847-488-0889.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HTit%2E+III+Pt%2E+C&ActID=1876&ChapterID=53&SeqStart=35400000&SeqEnd=68500000

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aurora defense lawyerSearch warrants allow police officers to safely search your person and property in order to gather criminal evidence. At the same time, the Fourth Amendment of the U.S. Constitution protects the American people from unreasonable searches. When police searches are done without reasonable cause, any discovered evidence discovered may be thrown out at trial. Defendants facing criminal charges after an officer found criminal evidence in a search should be aware of what constitutes a legal search and what steps to take if their search and seizure were illegal. 

What Circumstances Allow for a Search and Seizure?

If the officer has reasonable suspicion that you have committed a crime, they are permitted to search you for drugs, weapons, or other criminal evidence. A lawful search is meant to protect the officer, limit your ability to escape, and allow the officer to find evidence of a crime. The searches must always be done within reason. 

Police typically need a search warrant to search a person’s home, but there are several exceptions to this rule - including situations in which evidence is in plain sight. Search warrants must be approved by a judge. To gain approval, the officer must provide justification that proves the defendant is involved in a crime and that a search would likely yield evidence to support that involvement. It is required for all search warrants to be conducted within 96 hours of approval.

There are other manners in which police officers may gain access to your home or property. For instance, if you consent to a search, the warrant requirement will be waived. Exigent circumstances may also waive the need for a search warrant. When there is not enough time to get a warrant prior to evidence being destroyed or people’s safety being jeopardized, exigent circumstances will allow for a search. The law affords a lesser degree of privacy when it comes to vehicle searches. 

Was The Search And Seizure Illegal?

Search limitations are put in place by the U.S. Constitution to protect citizens’ privacy and security against invasions. Illegal searches performed by police officers are one of the most common reasons for suppressed evidence and dismissed charges in a criminal case, specifically in drug possession cases. 

 If you are charged with a drug crime after an officer performs an unlawful search, a lawyer can help you avoid the conviction by getting the evidence excluded from the trial. In other cases, a court may decide to suppress evidence if the warrant was missing significant details. Additionally, if an officer oversteps the scope of the search warrant, the court may deem that the evidence was illegally obtained. 

Contact an Aurora, IL Criminal Defense Attorney

If you believe that you were charged with a drug crime due to an officer performing an unlawful search and seizure, there are steps you can take to combat these charges. It is recommended that you write down all of the details immediately after the search, including the time and place, the officer’s name and badge number, and the type of car the officer was driving. 

Once you have documented this information, it is highly suggested that you contact a criminal defense attorney who can use your gathered information to fight these charges. If your home or property was searched without a warrant or probable cause, a Kane County criminal defense attorney can use this illegal search as a strong starting point to get your charges dismissed. Contact The Law Office of Brian J. Mirandola to schedule your free consultation by calling 847-488-0889. 

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1966&ChapterID=54&SeqStart=10300000&SeqEnd=11900000

 

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b2ap3_thumbnail_shutterstock_667129969-min.jpgInteractions with police and other authority figures can make for very tense situations. It is imperative to be mindful of your actions and how those actions may be perceived during these exchanges. Most people know to comply with an arresting officer, even if that means being placed in handcuffs. However, the faintest of actions may be perceived as defiance, landing an additional charge of resisting arrest. Because this misdemeanor can lead to such harsh penalties, it is critical to understand both what is expected of you as well as your constitutional rights during and after this confrontation. 

Resisting Arrest Explained

Resisting arrest is a very serious charge that can lead to severe consequences. The defining factors of this charge are so vague that offenders may not even be aware of how their actions are being perceived -- or misperceived. In the state of Illinois, if an individual knowingly obstructs the performance of a peace officer, firefighter, or correctional institution employee, they could be charged with resisting arrest. Obstruction can be perceived and defined in many different ways, making this charge incredibly common. Some actions that could potentially lead to a resisting arrest charge include:

  • Pulling away from the officer during the arrest

  • Running away from the officer to avoid arrest

  • Refusing to put your hands on the squad car

  • Refusing to lay down on the ground 

Unfortunately, this type of misdemeanor charge can be caused by much simpler acts such as the offender slightly pulling their hands away while being cuffed. 

What Are The Penalties for Resisting Arrest?

With no standard protocol for resisting arrest and a great deal of confusion regarding what actions may constitute this misdemeanor, facing this charge can be discomforting. As a Class A misdemeanor, resisting arrest can lead to up to one year in jail and a maximum $2,500 fine. Additionally, Illinois law mandates a 48 hour incarceration period for anyone convicted of resisting arrest with a minimum community service requirement of 100 hours. Furthermore, resisting arrest is not eligible for expungement, which means that the charge will remain on a permanent record. 

Contact an Elgin, IL Criminal Defense Attorney Today

Interacting with law enforcement does not always allow for the most comfortable circumstances. Factors such as stress, confusion, and miscommunication can lead to a police officer misinterpreting your actions, potentially leading to a charge for resisting arrest. A Kane County criminal defense attorney can collect evidence against this charge and provide guidance toward a successful defense. Contact The Law Office of Brian J. Mirandola today for a free consultation by calling 847-488-0889.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

 

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Posted on in Criminal Defense

kane county defense lawyerThe most widely known right to all United States citizens is the right to be considered innocent until proven guilty. While this right alone plays a vital role in our justice system, it's critical to recognize the importance of the other rights held by any and all criminal defendants. If you have been charged with a crime, a Kane County criminal defense attorney can help you protect your rights and represent your best interests in the case. 

What Are My Rights as a Defendant in a Criminal Case?

In the United States, individuals accused of a crime have certain rights. These rights include but are not limited to:

  • The Right to a Speedy Trial - Every defendant in the state of Illinois has the right to a speedy trial. This permits a time constraint of 120 days for the individual to be tried in court after being taken into custody. This law is supported by the state’s compulsory joinder rule. 
  • The Right to a Trial by a Jury of Their Peers - Any individual accused of a criminal offense has the right for their case to be heard by a jury. This individual also has the right to waive that jury. 
  • The Right to an Attorney - The court shall pause proceedings if the defendant wishes to acquire counsel. The defendant shall be given ample opportunity to obtain an attorney and consult with said attorney before proceedings resume. 

The Right to an Attorney

A defendant is guaranteed the right to an attorney for criminal cases under the Sixth Amendment of the U.S. Constitution. It is the defendant’s responsibility to acknowledge this right and make the request for counsel in court. If this request is made, and the defendant is incapable of obtaining an attorney on their own terms, the courts will appoint one for them. The right to an attorney extends through the interrogation, trial, and sentencing phases. 

This is another right that may be waived, however, in some cases waiving this right will be denied. For example, if the defendant in delinquency proceedings is a minor, the state of Illinois requires counsel be appointed. 

Contact an Elgin, IL Criminal Defense Lawyer Today

If you were charged with a crime, contact an Elgin defense attorney for legal support and representation. When facing criminal charges head-on, it's important to be aware of your rights as the defendant. An attorney can help you fully understanding your rights and how best to take advantage of them in your case. Attorney Brian Mirandola has over 20 years of experience in the criminal defense practice in Elgin, IL and surrounding areas. Attorney Mirandola leverages his vast experience to protect your rights and provide personalized legal guidance. Call the Law Office of Brian J. Mirandola today at 847-488-0889 for a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+3&ActID=1876&ChapterID=53&SeqStart=5200000&SeqEnd=6100000

https://sixthamendment.org/know-your-state/illinois/

 

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