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domestic violence, Elgin criminal defense attorneyDomestic battery is a serious offense in the state of Illinois. It is also an act that can be reported by someone other than your spouse, child, or significant other. Mandatory reporters—those that are required to report acts of domestic violence to the authorities—can be found in schools, doctor’s offices, and hospitals. Thanks to a new law, you will now find potential reporters in the salon as well.

Beauticians and stylists will undergo training to help them learn how to talk to victims of domestic violence. They will not face legal ramifications if they do not report suspected abuse, but they will be encouraged to do so when the situation is appropriate. The goal is to ensure that victims who really need help receive it, but not all people who are reported have actually abused someone. In fact, false allegations of domestic violence and abuse are rather common - more common than most people realize. What might a false reporting mean for you and your family?

When Mandatory Reporting Leads to Criminal Charges

Although mandatory reporting does not always lead to criminal charges, it can. The authorities may be notified, and if there are children, investigators from the state may show up at your door as well. The end result could be criminal charges for you, and possibly even a restraining order that may keep you from your family. If you have not done anything wrong, this can be a jarring experience—one that is frightening and confusing.

Alternatively, a beauty worker may encourage your significant other to make a statement with the police, even if they do not fully understand the situation. This, too, can result in criminal charges and a restraining order. It can upend your family and your life and may even result in long-term consequences, including difficulty finding employment, loss of parenting time or allocation of parental responsibilities in divorce cases, and more.

Protecting Your Rights in the Face of Domestic Battery Charges

If you or someone you know is facing criminal charges for domestic battery, it is critical that you seek experienced legal assistance. An attorney can protect your rights, help you fight for your family, and will work to achieve the most favorable outcome possible. Learn more about how an Elgin criminal defense lawyer can help with your domestic battery charges case. Call 847-488-0889 and schedule your confidential consultation at The Law Office of Brian J. Mirandola today.

Sources:

http://www.chicagotribune.com/news/ct-hairstylists-domestic-violence-met-20161216-story.html

https://www.futureswithoutviolence.org/userfiles/Mandatory_Reporting_of_DV_to_Law%20Enforcement_by_HCP.pdf

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Posted on in DUI

DUI, Kane County criminal defense attorneyWhen a person is pulled over on the suspicion of driving under the influence (DUI), the next step is being taken into police custody until officers feel the individual is sober enough to make it home safely. In most cases, a citation is issued upon release which includes a date for a mandatory court appearance. All too often, however, defendants appear on their required date in court only to discover that their case is not actually on the docket. How does this happen? The answer may be found in what occurs after the issuance of the citation.

Behind the Scenes

Keep in mind that a county prosecutor’s office has a multitude of cases to review each day. Your case, while extremely important to you, is just one of many being processed at any given time. The date on the citation is often an arbitrary date, generally at least a month or two months after the incident initially occurred. It is presumed that this time is sufficient to accomplish the necessary steps, including:

  • Police drafting an official report including witness statements, examination of evidence, video footage, and a written report;
  • The arresting agency filing the report with the prosecuting agency, usually the State’s Attorney’s office in the local county, and
  • If there is evidence to create a case, the prosecutor filing and sending a notification to all relevant parties including a revised court date, replacing the one on the original citation.

Statute of Limitations

If you happened to be one of the unfortunate few who arrives at your court date listed on your citation only to discover your court date has changed, you will receive a form stating that you did report as requested. You will also likely be told to wait patiently, and your new court date will arrive by mail.

While waiting and diligently checking your mailbox, you may start to breathe a sigh of relief, hoping with a small shred of optimism that perhaps they forgot and the whole incident "blew over." This situation is not likely, however, as prosecutors rarely let anything just slip through the cracks. A statute of limitations exists that allows charges to be filed for up to 18 months from the date of the original arrest. If it has been two or more years since the original arrest and you still have not heard from the court, there may be an outstanding warrant your arrest.

We Can Help

If you have been charged with DUI, you should consider consulting with a defense attorney as soon as possible. A conviction can be life-altering but may be preventable in many cases with the proper representation. Contact an experienced Elgin DUI defense lawyer. Call The The Law Office of Brian J. Mirandola at 847-488-0889 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=5100000&SeqEnd=6000000

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Posted on in Criminal Defense

your rights, Kane County criminal defense attorneyIt is a felony in Illinois to lie to a law enforcement officer as he or she is acting in an official capacity. But, what happens when the police lie to you? Tricks, misdirection, and deceit are often used by law enforcement in the course of criminal investigations.

Your Rights Before You Are Arrested

Unreasonable searches and seizures are violations of the rights guaranteed to you by the Fourth Amendment to the U.S. Constitution. The Constitution also affords you protection from being forced to incriminate yourself. Finally, in order to be arrested without violating your rights, the police must have probable cause to believe you have committed a crime. However, the police, in most instances, are under no obligation to be honest with you about their intentions or what they know.

You generally have the right to avoid a conversation with anyone to whom you do not wish to speak. If the police want to question you, you should provide them with your identification if they ask, but you are not required to answer their questions. You can ask if you are free to go. If you are free to go, you should leave. If you are not free to go, you should consider yourself as being detained or under arrest and request an attorney. Your Rights After You Are Arrested

After you are arrested, you continue to have the right to remain silent. You also cannot be compelled to incriminate yourself. However, the police can mislead you. They can tell you someone else has told them about your role in a crime, even if this is not true.

Following your arrest, you have the right to have a lawyer represent you. The most important thing you can do after your arrest is to tell law enforcement that you do not wish to answer any questions and that you want a lawyer. This can help protect you from accidentally providing evidence against yourself.

Contact a Skilled Attorney

If you or a loved one has been arrested or detained on suspicion of any type of crime, you need to speak with a tough and knowledgeable Kane County criminal defense lawyer. Call 847-488-0889 to schedule a consultation today at the The Law Office of Brian J. Mirandola. We are equipped to help you understand your legal rights and will work hard to protect your future, no matter how challenging your case may be.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=54

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