CALL FOR A FREE CONSULTATION
47 DuPage Court, Elgin, IL 60120
Recent Blog Posts
Can I Be Punished the Same for AI Child Porn as if It Was Real?
AI is an indisputable new part of life these days. Whether it is translating a document written in a foreign language, determining which news stories will be most relevant to you on your favorite news website, or monitoring your business and alerting you to urgent needs, AI has had a major impact.
One of the fields in which AI has been prevalent is pornography, particularly with creating computer-generated pornographic content featuring minors in an attempt to avoid criminal charges for child pornography. However, many people are surprised to learn that AI child porn can be punished the same as authentic child porn. If you are facing criminal charges and in need of legal guidance, speak with an experienced Kane County, IL criminal defense lawyer.
How is AI-Generated Child Porn Charged?
Some people mistakenly believe that while child pornography is illegal, digitally-created imagery is not. They are surprised to learn that AI-generated content that depicts minors in sexual situations can result in serious charges and penalties.
How Can I Prove I Was Acting in Self-Defense?
When someone feels threatened by another, it is a natural reaction to do anything possible to eliminate the threat. Unfortunately, in situations like these, the person who originally posed a risk sometimes claims that their would-be victim was the aggressor and initiated the attack. Someone who acted in self-defense can find it overwhelming to face charges of domestic violence for stopping themself from getting hurt by the real attacker. If this happens to you, speak with an experienced Elgin, IL criminal defense lawyer to understand your legal options.
What Is Considered Domestic Violence in Illinois?
According to Illinois law, any act or threat of violence - including emotional abuse, intimidation, physical harm, and harassment - committed by one member of a family or household against another is categorized as domestic violence. While spouses and parent/child relationships are often involved in these cases, violence between people who are or were dating can also be considered.
Can I Go to Jail for Selling Alcohol to a Minor in Illinois?
Underage drinking is a crime many people are aware of, but few understand how serious it actually is. Whether you are a private individual or a licensed alcohol vendor, selling, delivering, and giving alcohol to anyone younger than 21 can be punished severely. With Illinois law enforcement cracking down on the sale of alcohol to minors, it is more important than ever to understand the law and possible charges you could face for violating it. If you are concerned about liability for a potential violation, speak with an experienced Elgin, IL criminal defense attorney to learn more.
When Can Someone Be Charged for Selling Alcohol to Minors?
Three main elements need to be present for someone to be accused of violating the Illinois law prohibiting the sale of alcohol to minors. These include:
When Can Someone in Illinois Prison Get Out on Parole?
In Illinois, people use the term "parole" when they talk about options that allow someone to be released from jail or prison after serving a portion of their sentence. Technically, Illinois abolished parole for crimes committed after 1978, meaning that people convicted after this date are not eligible for traditional parole (although people convicted before 1978 may still qualify).
Instead, Illinois now uses a system called "mandatory supervised release" (MSR), which acts similarly to parole. If you have questions about eligibility or how Illinois laws apply to your case, consulting a knowledgeable Illinois criminal defense attorney is crucial.
What Is Mandatory Supervised Release in Illinois?
Mandatory supervised release (MSR) is very similar to parole, but it is automatically applied to almost all prison sentences. When someone is released from prison after completing their sentence, they are not fully free; instead, they must serve a designated period under MSR.
What Happens if I Refuse a Breath Test in Illinois?
While laws vary from state to state, some are constant throughout the country. One of these is the prohibition against driving while under the influence of alcohol. While all states prohibit driving over the legal limit, not all states require people to submit to breath tests to determine their blood alcohol content.
In an "implied consent" state like Illinois, however, drivers are expected to submit to testing to a police officer’s request to determine whether they are intoxicated. If you refuse to take a breath test, your license will get suspended. To learn more, speak with an experienced Kane County, IL DUI lawyer.
How Long Will My License Be Suspended if I Blow Over the Limit?
If your blood alcohol concentration (BAC) is higher than the legal limit, your license will be suspended. If you refuse to take the test, the suspension is generally longer. If you are a first offender or have not had a DUI arrest in the past five years, your license can be suspended for six months if you fail the breath test and twelve months if you refuse to take it. If this is not your first offense in the past five years, your license can be suspended for twelve months if you fail the breath test and three years if you refuse to take it. Subsequent DUIs will result in longer suspensions and even license revocations.
Mental Health as a Mitigating Factor in Illinois Criminal Law
Anytime anyone faces criminal charges, the courts generally try to get a detailed understanding of who the person is, including his background, his motives for committing the crime, the severity of the crime, and whether the person has shown remorse for his actions. Anything that could make a court decide to give someone a lesser punishment than usual for a certain crime is called a mitigating factor.
As America slowly gains awareness of mental health issues and how they can affect people’s behavior, they are increasingly being considered a mitigating factor that can impact sentencing. If you are facing criminal charges as well as underlying mental health issues, speak with an experienced Kane County, IL defense attorney to understand your options.
The Impact of Mental Health Issues on a Criminal Case
Mental health issues can affect sentencing in a criminal case in three main ways:
Boating Under the Influence in Illinois
Since Illinois is home to many lakes and rivers, boating is a popular leisure activity here. For many people, leisure goes hand-in-hand with drinking. No matter what type of boat you are sailing in, it is always illegal to operate any vessel while under the influence of alcohol or drugs.
While the consequences you could face if you are convicted of boating under the influence (BUI) can vary depending on several factors, you can be sure that BUI is taken very seriously by Illinois authorities. A recent court case regarding an incident that took place three years ago highlights just how serious BUI accusations can be. If you are at risk of a BUI charge, contact a dedicated Aurora, IL criminal defense lawyer to learn more.
Past Abuse as a Mitigating Factor in Illinois
One of the many consequences of abuse is that the resulting trauma can lead victims toward crime, too. While being abused does not mean you will automatically begin committing crimes, it can be considered a mitigating factor, especially during sentencing. A new law that was signed last month aims to allow for reduced sentences of convicted criminals who were abused in the past.
One reason for these efforts to lobby the government to consider past abuse in sentencing is the fact that so many convicts have reportedly suffered abuse before their incarceration. According to the National Online Resource Center on Violence Against Women, women who were abused are more likely to end up in jail than women who were not abused. 60-70% of incarcerated women reported experiences of abuse in their childhood, and 70-80% reported intimate partner abuse in their adulthood before their arrest. The numbers alone show that this is a trend that should not be ignored. If you are a victim of abuse facing criminal charges, speak with a dedicated Elgin, IL criminal defense lawyer to understand your sentencing options.
Will I Be Sent to Jail for Violating My Illinois Probation?
If you are convicted of a crime, probation is probably your best-case scenario. You will be limited by legal restrictions dictating where you can go and what you can do, but you will not need to serve time in jail. This is only an option for people convicted of crimes that are not violent and therefore do not pose a risk to public safety.
When someone is sentenced to probation, they need to abide by various rules and requirements. They can end up in even worse trouble if they violate the terms of their probation. If you are accused of a probation violation, speak with an experienced Aurora, IL criminal defense attorney to understand your options.
How Does Probation Work?
Every probation term is different, depending on the crime in question, the specific person accused of the crime, damage caused by the alleged crime, and other factors. However, some common features of a probation term include:
Illinois Kicks Off Drive Sober or Get Pulled Over Campaign
Labor Day weekend is here, signifying the unofficial end of summer. Kids are returning to school and the sun is already setting earlier and earlier each night. Families and friends will gather over this holiday weekend to attend cookouts and parties and bid summer goodbye.
Many of these events will involve alcohol and where there is alcohol, there is always the risk of a DUI arrest. The state has announced that Illinois law enforcement will be out in full force, cracking down on drunk drivers with its Drive Sober or Get Pulled Over campaign. Police from more than 250 departments, including the Illinois State Police and county sheriff’s offices, will be out in full force patrolling the state’s roads and conducting roadside safety checks.
If you or a loved one is charged with DUI this weekend, contact an Illinois defense lawyer to advocate for your rights.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
