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IL defense lawyerDomestic abuse charges have many possible outcomes, one of which is that an order of protection will be placed against the accused. In 2020, the rules regarding how an order of protection is allowed to be issued are changing slightly to grant victims of domestic abuse more safety. However, if you are accused of domestic abuse, this new rule could change how your case plays out. During divorce proceedings or if you believe you have been wrongfully accused of domestic violence, speak with an experienced domestic violence attorney to protect your rights.

New Order of Protection Laws in Illinois

Before 2020, the accused party in a domestic abuse case would be notified of any order of protection filed against them. In some cases, this encouraged abusers to contact them and potentially make these situations worse. However, the new bill that took effect in 2020 will allow orders of protection to not be available publicly until they have been served. If an OOP was served to you, this could mean that it would take longer to contest the order if it is unjustly strict or not representative of the relationship you had with your ex-partner.

Illinois Orders of Protection

With this new law in place, it is worth revisiting the implications of an Order of Protection. First, OOPs are to protect family or household members, not people in any other type of relationship. The OOP bars the abuser from contacting the person that served the order. However, these can be specifically tailored and are not the same across the board. For instance, OOPs could prevent a couple from sharing a residence, or they could just block the abuser from being near the petitioner while intoxicated or on drugs. OOPs can also have strong consequences for child custody and visitation rights.

Contact an Elgin Domestic Violence Lawyer

OOPs vary on a case-by-case basis, and whether you are trying to understand what to do next if an order was served against you or you are attempting to contest the order, the highly experienced attorneys at the Law Office of Brian Mirandola can assist you. With a deep understanding of divorce and domestic abuse law, we will aggressively defend your rights as an individual and as a parent. To schedule a free consultation with an Elgin domestic violence attorney, call 847-488-0889.

 

Source:

https://illinoisattorneygeneral.gov/women/ordersofprotection.html

https://charliemeier.net/wp-content/uploads/sites/37/2019/12/New-Laws-2020-FINAL-2.pdf

 

 

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Criminal records can restrict access to employment, housing, bank loans, school admission, and more. It is possible to expunge or seal these records depending on the nature of the crime. None of this will happen automatically, and you will have to work proactively with a highly-capable criminal defense attorney to ensure that your criminal record does not prevent you from enjoying certain privileges in the future.

What Crimes Can Be Sealed

Having a crime expunged from your record means that you eradicate it and it will never have an impact on you in the future. Not all crimes are eligible for this treatment, but many more are allowed to be sealed. This means that the crime in question will not be used against you in a background check and will not be available in the public record, but law enforcement will have access to your record and it will be available via court order.

If you were charged with a misdemeanor or a felony but were never convicted, you can seal your record at any moment. The exception to this rule is for minor traffic offenses, but if you were released before being charged with such, you can still seal your record.

The rest of the cases that you can seal all require that it has been at least three years since serving your last sentence. Convictions for most misdemeanors and felonies can be sealed except for a DUI, reckless driving, domestic battery, violation of an order of protection, sexual offenses, animal offenses, or any felony convictions you were charged with after already having a felony conviction sealed.

While you can seal qualifying offenses three to five years after your last sentence, an exception is made in which you can seal immediately upon completing either a high school diploma, associate’s degree, career certificate, vocational certification, bachelor’s degree, or the GED test.

Contact a Elgin Criminal Defense Attorney

If you want to seal your criminal record to protect your future, it is essential to work with an experienced Kane County criminal defense attorney. At the Law Office of Brian J. Mirandola, we have years of experience helping those formerly convicted of misdemeanors and felonies expunge and seal their records. To schedule a free consultation, call us today at 847-488-0889.

 

SOURCE:

https://www2.illinois.gov/osad/Expungement/Documents/Adult%20Exp/ExpungementSealing_Instructions_Approved.pdf

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IL accident lawyerBeing involved in a car accident can be a scary thing especially if you are the one who caused the collision. However, it is important that all persons involved in the crash remain at the scene so that police can arrive and take statements as to what happened. Fleeing the scene of a car accident is a crime in Illinois which can lead to fines and/or jail time. If the offending driver was under the influence at the time of the collision, they will also be charged with a DUI and can have their driving privileges suspended.

What Does the Law Require?

Illinois law says that all drivers involved in a crash must:

  • Stop their vehicle immediately
  • Check the other drivers and passengers for injuries
  • Move their vehicle - if it can move - to the side of the road
  • Turn on hazard lights so other cars can avoid the stopped cars
  • Call the police to report the collision

A driver will not be breaking the law if they move their car off of the road and into a safe location such as a parking lot or a less-trafficked side street.

If a driver does leave the scene, they can be found if the other driver involved can take their license plate and report the accident to the police. If caught, the driver will be charged with a Class A misdemeanor punishable with:

  • Up to one year in prison
  • Fines of up to $2,500

In addition, the victim of the collision can petition for compensation for damage done to their vehicle as well as any injuries caused by the accident.

How to Defend Charges for Fleeing the Scene

Unless the victim of the car accident can clearly identify the driver of the fleeing vehicle before it is gone, it would be hard for the prosecutors to determine who was behind the wheel at the time of the incident.

A common defense that the owner of the car involved in the collision can use is claiming that they were not behind the wheel at the time of the crash. Other defenses include:

  • Not being aware that a collision occurred
  • The other driver became enraged making you uncomfortable in staying
  • The offending driver stopped in a safe spot that was farther away than they realized
  • Unable to stop immediately, but called the police after arriving somewhere safe

Contact an Elgin, IL Traffic Violations Attorney

A car accident is a traumatic event that should not be made worse by charges issued after the fact. If you have been involved in a car accident and are now facing charges for fleeing the scene, hire a lawyer from the Law Offices of Brian J. Mirandola who can make sure your rights are not compromised. To schedule a free consultation with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402

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IL defense lawyerIn 2015, the state of Illinois made the act of distributing “revenge porn” a felony offense. This crime is when a person distributes private, intimate photos and videos without permission of the person in the images.

Illinois amended the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act - which covers revenge porn - so that victims of revenge porn can collect compensation starting the first of 2020.

What is Revenge Porn?

Typically, revenge porn occurs after a nasty breakup. One ex-partner unlawfully sends intimate material from their ex-partner in order to get back at them for the breakup. According to national statistics, 90 percent of revenge porn victims are female.

Under Illinois’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, revenge porn includes pictures and/or videos of:

  • Sexual acts with a partner or solo
  • Exposure of a person’s intimate body parts
  • Intimate images of a person under 18 years old

Offenders are guilty of revenge porn if they knowingly distribute these types of images without the consent of the photographed person. Also, if the offender knew that the images were supposed to remain private, but they send them out anyway, they will be convicted accordingly.

Guilty parties will be charged with a Class 4 felony, punishable with a prison term of one to three years and a fine of up to $25,000.

New Amendment to the Law

When intimate photos of a person are distributed to people who were never supposed to see them, the victim can suffer more than just invasion of privacy:

  • Reputation can be harmed
  • If the images went to a boss or co-workers, the victim can lose their job
  • Younger victims in school can experience bullying
  • If put on the internet, the private photos will never go away and can harm a victim’s future goals - college, political aspirations, etc.

The humiliation and other repercussions a victim can experience because of revenge porn are why Illinois now allows those people to collect economic, emotional damages, and punitive damages.

The victim must report the crime and press charges within two years of the incident.

Offenders can defend the charges by proving - or attempting to prove - that they were not the ones that distributed the intimate images of the victim.

Contact an Elgin, IL Criminal Defense Attorney

Felony sex convictions come with a lot of punishments that will change a person’s life forever. Aside from prison and monetary fines, some sex charges come with a mandatory registration on the sex offender list. The lawyers of the Law Office of Brian J. Mirandola can help defend from serious punishments. To schedule a free consultation with a Kane County felony defense attorney, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/072000050K11-23.5.htm

https://www.huffpost.com/entry/illinois-revenge-porn_n_6396436

https://www.nbcchicago.com/news/local/chicago-politics/new-illinois-laws-going-into-effect-in-2020/2191493/

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IL traffic lawyerTeenagers across the country are excited about turning 16 years old because they will be able to earn their driver’s license and operate a motor vehicle on their own. However, not all of them realize that it is very easy to lose driving privileges and driving with a suspended license can lead to serious traffic violation punishments.

Drivers can have their licenses suspended - or revoked - as a result of many other traffic offenses:

  • DUI
  • Failure to appear in court for a traffic violation
  • Parking restrictions if a driver receives 10 or more parking violations, they will have parking restrictions on their license
  • Automatic suspension issued if a driver fails to pay five or more fines for previous traffic violations
  • Family Financial Responsibility Law, which can be court-ordered for driving privileges to be suspended if a person does not pay their child support
  • Toll violations or evasions

Whatever the case, if a driver’s license is suspended, under Illinois law they are forbidden from driving their motor vehicle.

What Does the Law Say?

The state of Illinois requires all operators of automobiles to have earned a valid driver’s license or possess a driving permit while behind the wheel. Those with permits must have a person with a valid driver’s license riding in the front passenger seat while in motion.

It is also important to note that all drivers must have their licenses physically with them while in their vehicle. If you are pulled over and don’t have your license with you, the officer can write up a ticket for driving without your license.

If anyone is caught driving without a license or permit, they will be charged with a Class A misdemeanor and will be issued a Uniform Traffic Citation. This includes licenses that have been suspended. Furthermore, Illinois law says that charges can be increased to Class 4 felony charges if:

  • The offense is a person’s second or subsequent charge
  • The unlicensed driver causes injury to another person
  • The unlicensed driver kills another person
  • And the unlicensed driver is charged with a DUI

Drivers in violation of operating a motor vehicle with a suspended license can also have their term of suspension doubled at the discretion of the Secretary of State. Other punishments include serving 30 consecutive days in prison and/or 300 hours of community service.

Contact an Elgin, IL Traffic Violation Attorney

Losing your driving privileges can lead to many inconveniences in your life. It can also be difficult to get your license reinstated without the help of a knowledgeable lawyer. If you or someone you know is in need of defending your license from suspension, contact a lawyer from the Law Office of Brian J. Mirandola to help protect your rights. To schedule a free consultation with a Kane County traffic violation lawyer, call 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-101

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.cyberdriveillinois.com/departments/drivers/losepriv.html

 

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