Tag Archives: St. Charles criminal defense attorney

St.Charles Juvenile Crimes LawyerIf you were arrested or convicted of any crimes as a minor, then you may qualify for juvenile expungement. Although not all crimes can be expunged, juvenile expungement will wipe your record clean of any crime you committed as a minor. The public will not be able to see these crimes, giving you a clean slate for adulthood. Your juvenile record may still be available to some government organizations or to employers in certain industries, such as law enforcement, education, childcare, or the healthcare industry. Most employers will not have access to the follies of your youth, enabling you to find quality employment.

How to Begin the Process

You will need to get copies of your juvenile records and ensure that all the cases are closed. Then, you and your attorney can review the documents and determine whether your records can be expunged. If so, there are forms that can be filled out and filed with the Circuit Clerk.

To expunge a Class A misdemeanor or felony, it must have been at least two years since the case ended, including the subsequent sentence and probation, if applicable. If you were found guilty of first-degree murder or a felony sex offense, those charges cannot be expunged. If you were convicted of crimes in another state, they would not qualify for expungement in Illinois.

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drinking while driving, DUI, St. Charles criminal defense attorney, social media and criminal defense, criminal chargesSocial media has taken over a large part of our lives. Posting everything—where we went on vacation, what we ate for dinner, and how we are feeling at any given moment—has become a part of daily life. However, posting on social media can also land you in hot water with the law if you are not careful. 

One example of social media carelessness is a man who was arrested for a DUI after posting a video of himself drinking while driving. Another example is an assault that was streamed live on Facebook.

This trend towards further integration with social media means that authorities will rely more heavily on what people post to help build their cases.

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Illinois defense lawyer, Illinois criminal defense attorney, protection order, According to the National Coalition Against Domestic Violence, 25 percent of women will experience domestic violence during their lives. However, 15 percent of domestic violence victims are not women and, as such, it affects everyone, although females are more frequently the victims of domestic violence and violence by someone they knew. In Illinois alone, there were 114,921 cases reported to the police of domestic violence in 2006. Keep in mind that these are only the reported cases. Most cases are never reported. As a result, it is important to fully understand the law as it relates to domestic violence in Illinois, especially if you or someone you know has been charged with a crime relating to domestic violence.

The Illinois Domestic Violence Law

First, it is necessary to understand what the term “domestic violence” means. It encompasses a variety of crimes, but whether or not an act constitutes domestic violence depends on the relationship of the parties involved. In order for a crime to be considered domestic violence, the alleged aggressor and the victim must have the relationship of a “household member.” A “household member” is defined by the law as current or former spouses, people who currently share or formerly shared a dwelling, parents, children, stepchildren, any persons related by blood or marriage, people in a dating relationship, people in an engagement relationship, and people with disabilities and their caregivers.

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Illinois defense attorney, accomplice liability, Illinois criminal lawyer, "Can I get prosecuted for being the getaway driver in a robbery if I did not know that the person I was driving around was going to commit a crime?" This is a complex question, since the answer often depends on the circumstances of a case, the driver’s intent, and what the driver knew or did not know before he or she started driving. Being charged as an accomplice can lead to serious prison time without the right defense.

Acting as an Accomplice Under Illinois Law

Under Illinois law, a person generally cannot be charged as an accomplice for simply being at the crime scene. This means that a driver who is simply waiting for a person who turns out to be robbing a store or bank cannot be charged as an accomplice to the robbery. However, the presence at the crime scene can be used to build a circumstantial case against the driver, if the prosecution has additional evidence of his or her participation in the crime.

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Illinois defense attorney, Illinois criminal law, stealing, Not all theft-related crimes are created equal. At the most basic level, when a person takes something from another person without his or her permission with the intention to not return it, they can be charged with theft. There are several other ways by which a person can commit a theft in Illinois. If a person does certain other things in addition to simply taking something or trying to take something, they can be charged with either robbery or burglary. For some people, the difference between robbery and burglary may not be clear.

What is Burglary

A burglary has a lot to do with the location of the crime. Under Illinois law, a burglary occurs when a person knowingly enters a building, a boat, a car, or one of several other structures or parts of them, and remains there without permission and with the intention to commit a theft or another felony. Note that while a theft is explicitly mentioned in the statute, it is not the only qualifying crime that can turn entering into a building without permission into a burglary; any felony qualifies. For instance, if a person breaks into another person’s house without permission, with the intention of sexually assaulting the house owner, then the person breaking in may be charged with burglary.

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