Tag Archives: Illinois criminal charges

St. Charles domestic violence defense attorney

Orders of protection are legally enforceable court orders that require a person to refrain from contacting certain individuals or being near designated locations. These orders are intended to protect victims of abuse, domestic violence, or stalking. However, protective orders are also vulnerable to being misused. Being the subject of an order of protection, sometimes called a restraining order, can be a confusing and embarrassing situation to handle. If you have recently learned that someone has filed an order of protection against you in Illinois, you may be completely unsure of how to respond. However, it is crucial that you take certain actions to protect yourself and avoid making the situation worse–even if the protective order is unjustified.   

Follow the Directives in the Order

Orders of protection can contain many different types of provisions. The protection order may require you to stay a certain distance away from the petitioner (the person who requested the protection order), as well as his or her home and workplace. You may be prohibited from calling, texting, or otherwise communicating with the petitioner. The order may even contain a requirement that you move out of your home.

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St. Charles crimes defense attorney

Being arrested and charged with a crime can be a shocking and overwhelming experience. In some cases, a person can be falsely accused of an offense. It is important to know that individuals accused of a crime are protected by the United States Constitution as well as other statutes. It is critically important for anyone who is facing criminal charges to remember that he or she is entitled to certain rights as a criminal defendant, in addition to being innocent until proven guilty. When a defendant’s rights are violated, it can dramatically affect the outcome of any future criminal proceedings.

Your Right to Remain Silent

If you have ever watched a true crime television show or movie, you probably heard the phrase, “You have the right to remain silent.” This right is specifically stated in the Miranda Warning, a list of notifications typically given by police to a criminal suspect upon arrest. The right to remain silent is protected by the Fifth Amendment to the U.S Constitution. The Constitution states that a criminal defendant cannot be “compelled in any criminal case to be a witness against himself.” Put another way, you cannot be forced to incriminate yourself. If you are arrested and taken into police custody, calmly tell police officers that you are utilizing your right to remain silent and then say nothing. Do not consent to any police questioning or interrogations until you have a lawyer present. Choosing to remain silent will ensure that you do not say anything that can be used against you in any resulting criminal proceedings. It also helps ensure that you are not tricked into saying something you do not mean during a stressful interrogation.

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St. Charles child pornography defense lawyer

The laws in Illinois are strict when it comes to the safety and privacy of children. There are several violations that can have serious consequences, and even just possessing child pornography can result in criminal charges. A child pornography conviction and registration as a sex offender can change a person’s life forever. In addition to facing jail time and fines, he or she may also be barred from being near any child, school, playground, or other locations in which children are present.

The Impact of a Child Pornography Conviction

Illinois law defines child pornography as any photo or video that depicts a person -- boy or girl -- under the age of 18 years performing any sexual activity. The law also includes photos or videos of exposed or naked minors.

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St. Charles child pornography lawyer

Preteens and teenagers often act before thinking about the consequences. In recent years, young couples have gotten into the trend of “sexting,” the act of texting nude or semi-nude photos of themselves without realizing that in doing so, they are distributing child pornography.

This is a felony offense that is mostly associated with adult sex offenders. However, according to a study from the Illinois Bar Association, one in five juveniles have sent sexually provocative images or videos. As a result, the ones who are caught may face felony charges as well, and they may be required to register as a sex offender.

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St. Charles domestic abuse defense lawyer

When people hear the term “domestic abuse” their thoughts immediately turn to physical injuries that are purposefully inflicted on someone by a partner or another member of the household. However, domestic violence can take a psychological form, and verbal or emotional abuse can turn to physical harm. Illinois law defines domestic violence as one member of a household choking, hitting, pinching, or causing injury to another member of the home purposefully. The action can happen out of rage or just to control the other person. It is important to understand what the law considers abuse and its consequences in the event you or someone you know is charged with domestic violence. 

Mental/Emotional Abuse

Psychological abuse may be seen as the early stages of behavior that can lead to physical violence. While these actions will not leave behind physical scars, the emotional toll they take can leave lasting wounds on a person’s mental health. Some of the following actions may be considered emotional abuse:

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