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hate crime, Elgin criminal defense attorneyIn early January of this year, the nation was horrified at a shocking display of racism and violence. An 18-year-old disabled man was brutally attacked by four young individuals who filmed and broadcasted themselves physically and emotionally torturing him.

In a Facebook Live video stream, the victim can be seen bound and gagged. The aggressors tease, taunt, and humiliate the teen. They beat, stabbed, punched, and kicked the victim, as well as cut off part of his scalp with a knife. The video of the torture lasts about 30 minutes but the victim was bound for several hours. During the video of the attack, the four suspects, who are black, can be heard making expletive-laced comments about "white people" and President Donald Trump. One of the four individuals involved in the attack contacted the victim&s mother and demanded a $300 ransom for the victim&s return.

A Horrifying Situation

The references to President Trump and "white people" led many to believe that the violence was racially or politically motivated. Some attributed the attack to the "Black Lives Matter" movement. According to police, the torture only stopped when a downstairs neighbor complained about the noise. The four people believed to be responsible were eventually arrested and a GoFundMe campaign was set up for the victim.

Last week, one of the aggressors—a 19-year-old woman—pleaded guilty to aggravated battery and intimidation charges, as well as to committing a hate crime. She was sentenced to four years of probation. Cook County Circuit Judge William Hooks called the incident "horrific." He forbade the woman from using social media during her four-year probation, banned her from contacting the other suspects in the case, and ordered her to perform 200 hours of community service.

The judge said that he did not impose a prison sentence because he did not think it would be beneficial. He said to the woman, "I’m not sure if I did that you’d be coming out any better." She does face prison if she violates any of the restrictions. As part of a plea deal, prosecutors dropped additional charges against the woman, including kidnapping.

Contact a Skilled Attorney

Allegations of any type of violent crime are extremely serious. If you or a loved one is facing criminal charges, contact an experienced Elgin criminal defense attorney. Call 847-488-0889 for a free consultation with a member of our team today. We will review your case and help you determine the best course of action for moving forward.

Sources:

http://www.chicagotribune.com/news/local/breaking/ct-met-facebook-live-beating-disabled-teen-20171208-story.html

http://www.fox32chicago.com/news/crime/chicago-police-4-in-custody-after-young-man-tortured-on-facebook-live

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probation violation in Illinois, Kane County criminal defense lawyerWhen a defendant is charged with a probation violation, it means he or she has failed to meet some requirement or condition of a criminal sentence already imposed upon them. The state can bring a Petition to Revoke Probation in order to have the offender’s probation officially revoked by the court and have the offender incarcerated as a result of the violation. These charges are especially serious since they inherently involve the commission of an earlier crime for which the defendant was either found guilty or pleaded guilty and sentenced.

What to Expect Upon Violation of Probation

If the prosecutor files a Petition to Revoke Probation, the offender has a right to deny the charges and have a hearing, at which the court will hear evidence tending to prove a violation occurred. A violation can result from any number of acts, including commission of a new crime, failure to report to a probation officer, and testing positive for drugs or alcohol when they have been expressly prohibited. The offender is entitled to be represented by legal counsel at the hearing on the state’s motion, in addition to having legal representation at the sentencing phase if the court finds they are, in fact, in violation of the terms and conditions of their probation or supervisory portion of their sentence.

The consequences for violating probation vary greatly depending on a number of factors, including, but not limited to, the offender’s prior criminal history, the severity of the violation, any prior history of violations while serving the current sentence, and other relevant circumstances that may have been at play surrounding the violation. A sentence imposed as a result of a probation violation could include incarceration, an extended period of supervision, and imposition of fines, among other potential consequences.

Criminal Defense Attorney

If you or someone you know is facing a probation violation, it is best to contact an experienced criminal defense attorney who can listen to the facts of your case and advise you of your rights and expectations in light of your particular circumstances. A knowledgeable defense attorney will not only be able to advise clients about their legal rights in connection with a probation violation, but can also let them know with more specificity what consequences they may be facing as a result of their violation in light of their personal and criminal history.

Kane County criminal attorney Brian J. Mirandola has experience representing clients who are charged with probation violations. Call 847-488-0889 to schedule a free consultation to discuss your case. The Law Office of Brian J. Mirandola is located in Elgin, Illinois.

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