Posted on August 23, 2021 in Criminal Defense

When 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:

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 Posted on August 16, 2021 in Expungement

Juvenile arrest and court records are automatically sealed and cannot be viewed by the general public. Employers can still access juvenile records. If a juvenile record is expunged, the record is erased. There are endless reasons why an individual may want to expunge their juvenile records. For many, having a juvenile record makes getting a job or being accepted to college very difficult. Because of the stigma associated with juvenile records, it may be in your best interest to work with a criminal defense attorney who can help you petition for expungement. 

What Records are Eligible for Expungement?

Petitioners attempting to expunge their juvenile records are responsible for proving eligibility. Petitioners must be at least 18 years old. Typically, violent and other serious crimes cannot be expunged.

Some of the eligible records include arrests for which no charges were brought; charges were brought but the defendant was not found guilty, or the defendant successfully completed supervision. Records may also be eligible if they include rulings for offenses that, had they been committed by an adult, would have been considered Class B or C misdemeanors, business offenses, or petty offenses.

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 Posted on August 09, 2021 in Traffic violations

The distinctions between misdemeanors and felonies in regard to traffic crimes can be very vague and confusing. While misdemeanors are generally much less serious crimes than felonies, several variables play a role in determining the severity of the crime and the appropriate punishments. Traffic citations are very common, but drivers should keep in mind that one error can lead to very harsh consequences. Drivers who are facing charges for a traffic crime, whether it is a misdemeanor or felony, should understand what penalties they could face and what rights they should be taking advantage of. 

Classifying a Traffic Offense

There is an additional classification of traffic violations that are categorized as infractions or petty offenses. The majority of traffic violations result in an infraction and will not escalate to a misdemeanor unless other humans or property were harmed due to the violation. Although felonies arising from traffic violations are rare, if the defendant is a repeat offender or the violation directly caused fatalities, they will likely face a felony conviction. 

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 Posted on July 30, 2021 in Criminal Defense

Search 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. 

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 Posted on July 26, 2021 in Criminal Defense

Interactions 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:

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 Posted on July 21, 2021 in Criminal Defense

The 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. 

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 Posted on July 09, 2021 in DUI

With the legality of marijuana expanding across the 50 states and prescription medication becoming ever more common, the laws surrounding drugged driving continue to adapt. Because of these adaptive and varied cases, it is important to understand the available options when faced with driving under the influence (DUI) charges. While DUI laws may initially seem confusing, a Kane County defense attorney can help you move forward. 

The Illinois vehicle code statute includes seven ways in which someone may be found guilty of driving under the influence. It is against the law to drive while impaired driving due to by drug or combination of drugs. Cases and outcomes can vary immensely based on the legality of the drugs in the person’s system. Since legalizing recreational use of marijuana in Illinois in 2020, driving under the influence of marijuana is addressed similarly to drunk driving. The legal limit for THC is 5 nanograms of THC per milliliter of blood.

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 Posted on June 25, 2021 in Theft

With prices going up and wages stagnant, retail theft is becoming a more common occurrence in Illinois. Getting arrested for retail theft is a serious matter that can carry heavy consequences, like fines, jail time and a permanent criminal record. If the price of the stolen goods exceeds $300, you could even be charged with a felony. 

Steps to Take If You Are Facing a Retail Theft Charge

Facing a retail theft charge can certainly be a frightening experience. However, what you do after the fact can have a major impact on the outcome of your case. Here are a few steps to take if you are charged with this crime.

• Do not run away from store security. When you are about to be detained by store security for shoplifting, you may feel nervous and scared. However, that does not mean you should try to flee the scene. Doing so can make you look guilty and further complicate your case. To avoid more issues, comply with security.

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 Posted on June 18, 2021 in Felonies

One of the most violent and dangerous types of crime is arson, or starting fires intentionally. The Federal Bureau of Investigation (FBI), which defines arson as any “willful or malicious burning or attempting to burn with or without intent to defraud…”, states that there were nearly 33,400 incidents of arson that took place in the United States in 2019. Arson can often lead to serious injuries or even death, which is why it is punished accordingly in Illinois. If you have been charged with arson, you should know the penalties for the crime and any related charges that you may be facing.

What is Arson in Illinois?

Arson is committed when a person uses fire or explosives and:

• Damages real or personal property valued at $150 or more; or

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 Posted on June 11, 2021 in Felonies

In everyday conversation, we often use the terms “theft,” “robbery,” and/or “burglary” in place of one another. However, in the legal world, these three terms all have very distinct meanings and carry different sentences if a person were to be convicted of those crimes. A burglary charge is a serious offense in Illinois and can result in felony charges and potential imprisonment. If you have been accused of burglary in Illinois, having a skilled criminal defense attorney on your side can be immensely helpful. 

Defining Burglary and Residential Burglary in Illinois

When a crime is referred to as “burglary,” the alleged crime took place in a building, such as a warehouse. In the state of Illinois, a charge exists specifically for burglaries that take place inside of a person’s home. The crime of residential burglary occurs when a person knowingly and without authority enters or remains inside of a person’s home with the intent to commit a felony or theft.  In other words, you do not actually have to commit a crime or steal anything -- you can be convicted of residential burglary if the prosecution can prove that you unlawfully entered the home and had the intention of committing a crime or theft. A residential burglary offense can also apply to a person who falsely represents themselves as a person from a utility, construction, or telecommunications company, or member of the government, with the intent of committing residential burglary.

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