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IL defense attorneyOverall, the broadening of domestic violence laws and resources has helped victims throughout the U.S. However, that does not mean that there are not people who make false accusations of abuse. If someone falsely accuses you of domestic violence, you should take the possible conviction seriously and develop an aggressive defense with a trustworthy domestic violence attorney.

Although domestic violence usually implies an abusive relationship between spouses or people in an intimate relationship, Illinois law expands that definition to include more potential victims. The Illinois Domestic Violence Act states that the following parties can make domestic violence claims:

  • Family members related by blood
  • People who are married or used to be married
  • People who share or used to share a home, apartment, or other common dwelling
  • People who have or allegedly have a child in common or a blood relationship through a child in common
  • People who are dating or engaged or used to date, including same-sex couples
  • People with disabilities and their personal assistants

If a vengeful spouse or partner falsely accuses you of domestic violence, they might be doing so to gain full parenting rights or a larger share of marital assets. Although it can be difficult for someone to make false allegations of domestic violence without much evidence, defending against them can be just as challenging due to a potential lack of witnesses.

First Steps Towards Defending Against False Accusations

Typically, when someone makes a domestic violence claim in Illinois, a court will issue an Order of Protection that restricts the ways the accused can interact with the alleged victim. Regardless of how you feel about an Order of Protection being levied against you, it is essential to carefully abide by the restrictions specified. If you show anger or frustration with the OOP, a court might lean towards ruling in favor of the accuser.

Even if the Order of Protection was filed on false accusations, you could still face criminal penalties for failing to abide by it. An OOP also requires you to attend various hearings: attend these or risk being punished. In the meantime, find any witnesses and work closely with your attorney to overcome false domestic abuse claims.

Contact an Elgin, IL Domestic Violence Attorney

Domestic violence charges are not to be taken lightly. You should treat them as such by seeking the help of a seasoned Elgin, IL domestic violence attorney. Call 847-488-0889 to schedule a free consultation at The Law Office of Brian J. Mirandola. Our experience helping clients fight domestic violence charges will prove immensely helpful when developing your defense.

 

Sources:

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

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59

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Posted on in Traffic violations

IL defense lawyerAs a driver in Illinois, it never hurts to review the rules of the road. A law that people sometimes neglect or fail to adhere to because of a lack of awareness is Scott’s Law or the Move Over Law. We will explain what it is, why the rule exists, and what penalties a violation carries. If you face traffic law charges, speak with a traffic law attorney. With their help, you will protect your rights and potentially lessen or eliminate any unwarranted charges.

Scott’s (Move Over) Law

In 2000, a Chicago Fire Department lieutenant, Scott Gillen, was killed by a speeding, drunk driver. As a result, the Illinois legislature passed Scott’s, or the Move Over, Law. Its premise is simple: if a first-responder has their siren or hazards on, all drivers in the vicinity need to move to the opposing side of the road and slow down. A significant amount of first-responder deaths each year encouraged Governor J.B. Pritzker to pass a more robust version of Scott’s Law. The new iteration comes with more potent repercussions.

The number of tickets issued for violations of Scott’s Law rose in 2019 because of the enhanced bill. The year 2019 saw around 6,000 Scott’s Law violation citations. A first offense could result in a $250 fine for the accused driver. A subsequent offense leads to at least $750 in fines. Drivers who fail to pull to the side of the road and cause property damage or injury will receive additional punishments: property damage can result in a mandatory license suspension of three to 12 months, and injuring another person leads to six to 24 months of suspension.

Since there are still several first-responder deaths each year, Illinois law enforcement has expressed a commitment to charging those who violate Scott’s Law. As such, remember to look and listen for first-responder vehicles with their hazards on - sometimes, you might not hear them - and pull to the opposite side of the road to keep other drivers, first-responders, and yourself safe. Not only that, but Scott’s Law helps ensure that first-responders get wherever they are called faster and have a higher chance of helping those in danger.

Contact a Kane County Criminal Defense Attorney

Scott’s Law charges carry a lot of weight. Regardless of the circumstances in your case, it cannot hurt to work with a Kane County criminal defense attorney who is trustworthy and has the conviction to defend you in court aggressively. The Law Office of Brian J. Mirandola is ready to take your case, so schedule your free consultation by calling 847-488-0889.

 

Sources:

https://www.wqad.com/article/news/illinois-state-police-see-major-spike-in-scotts-law-violation-citations/526-9aae3100-8b5d-48f3-ba4c-9580f8d4f519#:~:text=Scott's%20Law%2C%20also%20known%20as,Fire%20Department%20lieutenant%20was%20killed.

https://wrex.com/2019/12/23/illinois-state-police-remind-motorists-to-obey-scotts-law-while-traveling/#:~:text=Effective%20January%201%2C%202020%2C%20violators,%24750%20for%20a%20subsequent%20offense.

 

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Posted on in Expungement

IL defense lawyerExpungement is when Illinois government erases criminal charges from a person’s record. This is different from sealing which is when the charges are simply hidden from public view but still exist.

Not all crimes are qualified to be expunged and not every person has the ability to petition for an expungement. It boils down to the type of crime as well as the number of charges already against the person petitioning to expunge a crime.

Understanding the Expungement Process

The first step in getting a charge erased from a personal record is to determine whether or not the charge is qualified to be expunged. Also, a person must find out if they are a candidate that is able to petition for an expungement.

Factors that could keep a person from expungement include the amount of time that has passed since the crime was committed as well as the person’s citizenship status.

Once it is decided that a crime is eligible for expungement, the petitioner should:

  • Collect copies of the criminal record
  • Fill out the appropriate forms
  • File the forms with the Illinois Circuit Clerk
  • Attend court hearing with all relevant material
  • If the petition is denied, ask for reconsideration

 A crime will most likely be expunged if the person has no prior history of criminal behavior. It is also good to have evidence such as proof of completion of a drug program or a letter of recommendation from someone who can show the court that the petitioner is not likely to repeat their offense.

What Crimes Can and Cannot Be Expunged?

Illinois does not allow every crime to be expunged from the record and it is wise to know whether a crime can be expunged before going through the process. This eliminates disappointment later on when the petition is denied.

Crimes that cannot be expunged include:

  • A federal conviction outside of Illinois
  • Minor traffic offenses
  • Convictions for misdemeanors or felonies
  • Court supervision that was not completed
  • Court supervision for reckless driving or DUI
  • Court supervision for sexual abuse of a minor

Arrests made for a misdemeanor or felony crimes which did not lead to conviction are eligible for expungement along with:

  • Convictions of a misdemeanor or felony charges which were reversed or pardoned
  • The petitioner is an honorably discharged veteran
  • Sentences for supervision if the waiting period has passed
  • Sentences of qualified probation if five years have passed

Contact an Elgin, IL Expungement Lawyer

It can be an overwhelming process to petition for expungement. Hiring a lawyer from the Law Offices of Brian J. Mirandola can help alleviate confusion and help you figure out if your crime is eligible for expungement. Our lawyers can also represent you when you go to court and fight to clear your record. To schedule a free consultation with a Kane County expungement lawyer, call our office at 847-488-0889.

 

Sources:

https://www.illinoislegalaid.org/legal-information/criminal-offenses-can-be-expunged-or-sealed

https://www.illinoislegalaid.org/legal-information/starting-case-expunge-or-seal-criminal-record

https://www.illinoislegalaid.org/legal-information/expunging-or-sealing-criminal-record

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IL domestic violence lawyerAbuse or domestic violence can come in all varieties. An alleged abuser can physically harm their victim or they can cause mental harm by verbal abuse or manipulation. Whichever form it comes in, domestic violence is a serious crime that can change the dynamic of a household.

Kidnapping is a felony offense and while it may not be directly considered domestic violence, in Illinois it is a way that an alleged abuser can violate an order of protection. This will bring about further consequences to the kidnapper.

What is an Order of Protection?

Most cases of domestic violence are when the woman in the relationship is the victim to the man. Some other cases see children as the victims to either parent. For each case, though, victims of domestic violence can elect to put an order of protection in place.

They do this by:

  • Reporting the abuse
  • Asking an attorney to file for one in civil court
  • Ask for one during a divorce
  • Request one during the criminal trial for abuse
  • Obtain papers from the circuit clerk’s office
  • Ask help from a domestic violence program

Once the protection order is in place, the alleged abuser will be barred from contact with the victim(s). This includes contact via physical proximity as well as phone calls or emails. In the end, protection orders serve the purpose of halting the abuse and protecting the victims.

Violation of a protection order is a Class A misdemeanor in Illinois. Abusers can go to jail for up to one year and/or pay a fine of $25 for first offenses.

How Does Kidnapping Violate a Protection Order?

Since an order of protection limits contact between abuser and victims, kidnapping goes against how the court expects an alleged abuser to behave.

Illinois law defines kidnapping as:

  • Secretly confining a victim without their consent
  • Forcibly carrying a person from one place to another with intent to conceal them without their consent
  • Deceiving a person to come with an alleged kidnapper to a secret place
  • Keeping a child away from his/her parent

These crimes are charged as a Class 2 felony in Illinois which the alleged abuser will face on top of punishments for violating a protection order.

Contact an Elgin, IL Domestic Violence Lawyer

Domestic violence cases can get messy if one person tries to seek vengeance against the other person. An alleged abuser could be framed for violating a protection order if the victim wants more justice than is lawful. If you are fighting charges for violating an order of protection, contact a lawyer from the Law Offices of Brian J. Mirandola to protect your rights. To schedule a free consultation with a Kane County domestic violence lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000

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

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Posted on in DUI

IL DUI lawyerThere is a more severe DUI penalty in Illinois known as aggravated DUI that can be issued as a result of the nature of the offense. A driver can also be charged with aggravated DUI if they have three or more DUI violations on their driving record.

All charges of aggravated DUI are tried as felony offenses with mandatory jail time, community service, and heavy fines as punishment.

When Is Aggravated DUI Charged?

It is considered excessive if a person drives their vehicle under the influence three or more times. Therefore, charges are boosted to aggravated DUI felonies for just even being pulled over and arrested.

However, there are other aspects that can turn a DUI charge into an aggravated DUI offense:

  • DUI is committed while driving a school bus with minors (under 18 years old) present
  • DUI results in great bodily harm or disfigurement to another person
  • DUI is committed when the driver does not have a valid license
  • DUI is committed when the driver does not have car insurance
  • DUI results in the death of another person
  • DUI is committed within a school zone and a crash occurs
  • The DUI driver leaves the scene of a crash that they caused

Aggravated DUI charges start at Class 4 felony which is punishable with a prison term of 1-3 years and a fine of up to $25,000. A driver could face higher penalties up to Class X felony punishable with a prison term of 6-30 years and fines of up to $25,000.

Other Punishments for Aggravated DUI

Like a normal DUI offense, aggravated DUIs go on a driver’s permanent driving record. This makes them at risk of even higher penalties if they repeat their offense. Drivers can also see their licenses suspended or revoked depending on the amount of DUI convictions on their record.

The Illinois court system could also make any DUI offender meet certain criteria before and after earning their license back:

  • Community service
  • Completion of a drug or alcohol program
  • Carry high-risk insurance for three years
  • Complete a suspension period before applying for a restricted license

On top of that, if a person is injured or killed during a DUI offense, the at-fault driver will be responsible for paying any compensation to the injured parties or the family of the deceased.

Illinois could charge a driver with reckless homicide if a death occurs during a DUI violation. This will revoke a driver’s license and see the driver in prison.

Contact an Elgin, IL DUI Defense Attorney

In DUI cases, the offending driver should always hire a lawyer who can build a defense against more serious punishment than necessary. The lawyers of the Law Offices of Brian J. Mirandola have experience making sure their clients are treated fairly and that their rights are not violated. To schedule a free consultation with a Kane County DUI defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

https://www.ncdd.com/illinois-dui-laws

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Avvo Illinois State Bar Association Kane COunty Bar Association
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