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Is Your Child in Trouble for Sexting?
An ever-increasing number of preteens and teenagers in the United States are sexting. They have either sent or received nude or seminude photos in digital form. They may not think about the consequences down the line, or they may succumb to peer pressure and sext. In a recent survey of out of 350 students, 15 percent admittedly sent a sext to someone. The danger of sexting is that digital images are never really private. Anyone could accidentally share something with the click of a button. So what happens when minors sext minors? Could they also face criminal charges?
What Is Sexting?
Sexting means sending or requesting indecent visual depictions of a person’s genitalia, buttocks, or breasts in a digital form which may include using a phone, laptop, tablet, or computer. It is referred to as a sext message.
Minors Sexting Minors
Sexting is often prosecuted under child pornography charges across the nation. If convicted, this can lead to serious legal consequences, and it could require the convicted person to register as a sex offender. However, when it comes to minors and sexting cases, some states, including Illinois, are a bit more lenient.
The Consequences of Prescription Fraud
Addictive medications such as opioids can make people do the unthinkable to get their hands on more. The FDA even issued an alert to veterinarians because people are consuming their pet opioid medications. Misuse of these drugs is rampant. In 2021, nearly 107,000 drug overdose deaths occurred in the United States. You may have been seeking an opioid refill with a fake prescription for a medication that you once had a legitimate prescription for after surgery. This trend has become a serious public health concern. Whatever your reasons, the next steps you take in defending your case will play a vital role in the outcome.
Fake Prescriptions
Forging prescriptions can involve a physician illegally altering an existing prescription or a patient using a prescription notepad to write a prescription and then forging a doctor’s signature. Sometimes people will simply use technology to create something that looks like a valid prescription. Even though pharmacists are trained to be on the lookout for unusual handwriting, strange photocopies, and dates that do not match, fake prescriptions can and do get by the system.
The Impact of the Zero-Tolerance Law on Underage Drinking and Driving
Young people may get on the road without measuring the consequences of their actions if they have been drinking. At The Law Office of Brian J. Mirandola, we understand that they do not mean to hurt anyone; they may simply have a momentary lapse in judgment. A mistake such as underage drinking can have serious repercussions. It is important that you seek the help of a criminal defense attorney to protect your child’s future.
Penalties in Illinois for Minors
In Illinois, there is no tolerance under the law for anyone under 21 years old to be caught drinking and driving. The zero-tolerance law is very clear, any trace of alcohol in an underage person’s system could lead to charges for violating this statute and a possible DUI conviction.
If a person under the age of 21 is convicted of driving with a blood-alcohol content (BAC) of more than .00, the following consequences could apply:
Hosting a Christmas Party and Serving Alcohol to Teens?
So, you are hosting a holiday party and are serving alcohol to all of your guests. After all, ‘tis the season of giving and you figure what is the harm in having your teenage guests partake in a little holiday eggnog. However, giving alcohol to minors in Illinois is against the law, even if it is happening in the privacy of your home. If you are facing charges of furnishing alcohol to minors you need an experienced criminal defense attorney.
Furnishing Alcohol to Minors
There is zero tolerance in the state of Illinois when it comes to serving alcohol to minors. Depending on the circumstances in which alcohol was provided to a minor, you could face misdemeanor or felony charges that could lead to prison time and hefty fines. Under Illinois law, it is illegal for anyone to sell, give, or deliver alcohol to any person under the age of 21 years. This includes any parent or guardian and anyone who sells alcohol. A parent could also be convicted of this crime if they knowingly allowed the consumption of alcoholic beverages by an underage guest at a private residence or any other private property under the parent’s control.
Illinois Ranks Number Two for Holiday Break-Ins
Perhaps it is the stash under the Christmas tree this holiday season that has burglars prowling around the neighborhoods, or maybe they are keeping an eye on who is headed out on vacation. Whatever the case, roughly one million burglaries take place in the United States every year, and about 83,000 occur in the month of December alone. In Illinois, the number of burglaries this month is 40 percent higher than any other month of the year, a spike which places it in a tie with Pennsylvania for number two among all states. Only New Jersey sees a greater increase in burglaries in an average December.
Facing criminal charges of any kind can be distressing, especially during the holidays. However, whether you broke the law or have been wrongfully charged, you should contact a skilled defense attorney.
Understanding a Burglary
A burglary takes place when a person gains unauthorized access to a home, building, car, trailer, boat, or aircraft, and their intention is to commit theft or a felony. During the holidays the items that are most often taken include the following:
Retail Theft Is Out of Control: How to Protect Yourself Against False Charges
This holiday season, retailers are taking extra measures against retail theft to protect themselves from brazen daylight robberies. Some 50 percent of retailers surveyed across the country reported losses of at least $1,000 in merchandise in 2020 compared to 29 percent the previous year. Overall, organized retail crime costs retailers about $700,000 per $1 billion in sales. Retailers are utilizing technology and training employees to keep an eye on potential shoplifters. So, what do you do if you are facing retail theft charges, but the evidence does not add up?
How Much Was Stolen?
Perhaps an overzealous security officer stops you and no theft has even occurred. But, if you are facing charges of retail theft it is no slap on the wrist. If you are accused of taking more than $300 in merchandise, you could be charged with a felony offense.
Dismissing or Dropping Retail Theft Charges
As with most crimes, there must be evidence that retail theft was committed beyond a reasonable doubt. That is the legal standard of proof in the criminal justice system. If there is no store security footage, witnesses, or some other way to demonstrate that you took something from the store, the charges should be dismissed.
Holiday Drinking and Driving: Beware of Three Forms of DUI
More than 12,000 people nationwide are killed in alcohol-related crashes each year, and with the holiday season upon us, drinking and driving behaviors are sure to be a problem once again. For more than three decades, police departments in Illinois have been surveyed to track the number of DUI arrests. In 2021, Aurora came in second statewide, with 325 arrests, a nearly 63 percent jump from the previous year. Decatur ranked number four in the state.
This holiday season, you can bet law enforcement will be on the lookout for drunk drivers, and past DUI convictions can affect whether you are charged with a misdemeanor offense or a felony charge. With this in mind, let’s look at three different types of DUI charges.
Misdemeanor DUI
A driver will face a class A misdemeanor charge if their blood alcohol content is .08 or more. Often, defendants who face these charges were driving recklessly. You can face up to one year in jail and fines of up to $2,500. First and second offenses for DUI are usually prosecuted as misdemeanors in Illinois.
How to Defeat an Unfair DUI Charge
It may be hard to fathom that the average convicted drunk driver will get behind the wheel of a car 80 times before being arrested. With nearly 12,000 alcohol-related deaths, we are seeing a 14 percent increase since 2019. For that reason, the legal consequences are severe, especially for repeat offenders. At The Law Office of Brian J. Mirandola we understand that drunk driving is a problem but so is being wrongly accused of DUI. The repercussions are not fair if there are flaws in the arrest.
Seek Legal Help
Too many drivers do not seek legal help because they are embarrassed. But an unfair DUI conviction will have a lasting impact on your life. A key factor to remember is that it takes about an hour or more for alcohol to become fully absorbed into your body. So, if you had a drink before driving you may not be legally impaired while driving, even if a chemical test shows a BAC over the legal limit.
The first thing you should do is seek an experienced DUI attorney who will review your case and craft a strong defense.
Can You be Charged With DUI for Prescription Medication?
Many people have serious pain or suffer from anxiety and rely on prescription drugs to cope with and tackle their daily lives. With doctors writing more than four billion prescriptions a year, it is no wonder that many medications end up being misused. While that may be the case many people need to get things done, so they often drive. So, could you face DUI drug charges if you can prove that you have a prescription for the medication in your system at the time of the arrest?
Are Prescription Pills Intoxicating Substances?
In Illinois, it is illegal to drive if you are under the influence of any intoxicating substance. That includes alcohol, cannabis, illicit substances, and medications that have been prescribed. Merely showing a valid prescription is not enough to avoid a DUI.
However, when it comes to prescription drugs what matters here is whether or not you were impaired at the time of the arrest. Generally, if your ability to drive safely is impaired, you could be found guilty of DUI.
Domestic Violence Spikes During the Holidays
The holiday season is typically a time for generosity and family get-togethers. Ironically, domestic violence increases across the nation during major holidays including Thanksgiving, Christmas, and New Year’s Day. In Illinois, one in three women and one in four men have experienced domestic abuse including shoving and slapping. A domestic violence conviction comes with serious legal consequences.
Domestic Violence
Domestic violence is a concerning trend that involves intimidation, threats, physical injury, sexual assault, emotional abuse, and even death. If you are convicted, it can result in up to a year in jail. If there is a previous conviction for domestic violence it could be considered a Class 4 felony which could lead to up to three years in prison.
What Causes Domestic Abuse to Rise During the Holiday Season?
Unfortunately, domestic violence tends to go up during the holiday season. Perhaps the stress from holiday shopping and planning aggravates volatile personalities or triggers issues that have been brewing between couples. Here are other reasons why domestic violence does not take a holiday in what is supposed to be a time of celebration:
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