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Recent Blog Posts

Common Criminal Offenses Committed by Students on Spring Break

 Posted on March 26, 2021 in Criminal Defense

Joliet criminal defense attorneySpringtime marks the start of warmer weather and sunshine in many parts of the country. It also means spring break for students and time off of school. Considered a well-deserved reprieve from lectures, midterms, and homework, some students may go home to see their family and friends. College students also often make plans to travel to warmer destinations or even big cities like Chicago for a week of fun. While most young adults had to put off their spring trips last year due to COVID-19 lockdowns, many are looking forward to letting loose on spring break this year. However, there are many actions that can result in criminal charges if they are not careful.  

Actions that Can Lead to Trouble

Without parental supervision or school administrators around, it is not uncommon for college students to party while on spring break, which may include dancing, drinking, and even doing drugs. However, even those 21 and over can do things that are illegal. Unfortunately, this illicit behavior may lead to unintentionally injuring themselves or harming others. For example, driving a car, motorcycle, or electric scooter after consuming too much alcohol can cause an accident with serious to life-threatening injuries. 

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Understanding Hate Crimes and Their Penalties in Illinois

 Posted on March 19, 2021 in Criminal Defense

Joliet criminal defense lawyerThe topic of hate crimes has been in the news more and more over the past few years. In efforts to increase awareness about these types of crimes, police officers and government officials have focused more attention on hate crimes. Time, energy, and resources have been put into thoroughly investigating hate crimes, and legislation has enhanced the penalties for them. In Illinois, those who commit hate crimes are often charged with a felony offense and punished to the fullest extent of the law. To avoid being charged with a hate crime, it is important to understand what actions constitute them and also the criminal punishments if convicted of one.   

Violent Acts Committed Against Others

A hate crime occurs when a person commits a crime against another person or group because of their perceived race, gender, religion, sexual orientation, or physical or mental disability. Typically, the acts committed against individuals in a hate crime are violent in nature and can include such offenses as:

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How Truck Hours of Service Violations Can Cause an Accident

 Posted on March 12, 2021 in Car Accidents

Joliet truck accident attorneySince they transport goods and supplies such as food, truck drivers are considered essential workers and have been working throughout the past year despite COVID-19 restrictions and shutdowns. In many cases, truckers have been working hard to deliver critical PPE or medical supplies to hospitals overwhelmed by the number of coronavirus patients. With increased pressure to deliver products in a timely manner, delivery drivers and trucking companies in general may not be adhering to protocol in regards to their hours of service. Failure to follow rules for driving can lead to tired drivers who then cause truck accidents.     

FMCSA Safety Act

Commercial truck drivers in Illinois must have a special license to operate such large vehicles. Individuals who are 18 or older can obtain a commercial driver’s license (CDL) after successfully passing written and driving skills tests. In addition, drivers must already have a valid Illinois driver’s license and pay a fee for the CDL. 

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How Do OSHA COVID-19 Guidelines Affect Workers’ Compensation?

 Posted on March 05, 2021 in Workers' Compensation

Joliet workers' compensation lawyerThe coronavirus pandemic has affected the world in many ways, causing a global health and economic crisis. After taking office this year, President Joe Biden signed several executive orders that addressed COVID-19 worker protections. As of now, the Occupational Safety and Health Administration (OSHA) protocols outlined in the executive orders are guidelines, but it is expected that these guidelines will soon become enforceable. Some of President Biden’s directives to OSHA were concerning COVID-19 guidelines and another was to potentially implement emergency temporary standards to address the hazards that employees face in the workplace. If these guidelines become standards, they will then be enforceable. The executive order stated that the deadline to make these changes is March 15, 2021. Workers may wonder how these guidelines may affect workers’ compensation claims if they suffer a COVID-related illness while on the job. 

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How Is Aggravated Domestic Battery Charged in Illinois?

 Posted on February 26, 2021 in Criminal Defense

Joliet criminal defense attorneyMany people think assault and battery are one and the same. However, under Illinois law, they are two separate offenses. The crime of assault in Illinois refers to intentional actions that cause a person to feel afraid of impending violence. Battery in Illinois consists of insulting or provoking physical contact, including intentionally pushing or harming someone, such as hitting and injuring them with a dangerous object. Domestic battery is when battery is committed against a family or household member, such as a spouse, intimate romantic partner, or child. If certain conditions are present during the commission of this crime, it may be classified as aggravated domestic battery, which carries significant penalties if convicted. 

Aggravating Factors Elevate the Punishments

Aggravated battery is typically classified as a misdemeanor even though it is more serious in nature than simple assault or battery. However, it may be charged as a felony depending on the circumstances of the case. Factors that make the crime aggravated include:

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What Actions Can Result in Child Exploitation Charges in Illinois?

 Posted on February 12, 2021 in Criminal Defense

Joliet criminal defense lawyerLaws regarding criminal offenses can be complicated since there are often varying degrees of charges based on the severity of the crime. For example, crimes committed against a child or elderly person may be classified separately from those against other alleged victims. Sexual crimes can be punished more severely due to the nature of the offense. The exploitation of a child is one such crime, and it is important to understand what constitutes this type of charge if you or someone you know is arrested for it in Illinois. An experienced criminal defense attorney can help protect your rights and help you get the charges dismissed if they were based on false accusations.    

How Illinois Defines Child Exploitation

It is important to note when discussing any crime against a child that children or minors are individuals who are under 17 years old. According to Illinois law, someone commits sexual exploitation of a child if he or she knowingly performs either of the following while in the presence (or virtual presence) of a child:

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What Are the Criminal Consequences of Vehicle Theft in Illinois?

 Posted on February 05, 2021 in Criminal Defense

Joliet criminal defense attorneyCriminal activity that involves theft and property can encompass many different offenses, such as trespassing, vandalism, shoplifting, robbery, and burglary. Stealing a car is a common crime in many states throughout the country, including Illinois. In some cases, a person may take a vehicle without the owner’s permission for specific auto parts, including wheels or rims, while someone else may wish to take the car for a joyride. Motor vehicle theft is an offense that is commonly linked to other crimes. For example, stolen cars are typically used in store or bank robberies since the stolen automobile is not tied to the perpetrator. Regardless of the reasons or the motives, anyone who takes another person’s vehicle can face serious charges under Illinois’ theft laws.

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Does the Risk of an Illinois Car Accident Increase at Night?

 Posted on January 29, 2021 in Car Accidents

Joliet car accident attorneyDriving can be dangerous anytime someone gets behind the wheel. Various factors such as weather, road conditions, car maintenance, and driver behavior can all impact the chances of an accident. However, studies show that certain times of the day have a greater risk of being involved in a vehicle collision. According to the National Safety Council (NSC), car accident fatality rates are three times higher for nighttime drivers compared to daytime drivers. There are several reasons for these statistics, and those who are hurt in a vehicle crash should be aware of the factors that can impact their personal injury cases.  

Factors of Nighttime Driving

Certain issues that can contribute to the likelihood of a nighttime car accident may be related to the environment, while others are the direct result of driver actions or behaviors that happen more frequently in the late-night hours. It is important to note that low-light conditions can significantly compromise a driver’s depth perception and peripheral vision.

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How Does the New Illinois Pretrial Fairness Act Affect Criminal Cases?

 Posted on January 22, 2021 in Criminal Defense

Will County criminal defense attorneyOn January 13, 2021, Illinois lawmakers voted to enact the Pretrial Fairness Act, which would eliminate cash bail bonds and pretrial incarceration by 2023. In addition, the Act provides for certain law enforcement reforms. Part of the reasoning for this new law is that studies show these systems disproportionately harmed Black and Latin American individuals. A new system for pretrial release is to become effective on January 1, 2023. In the meantime, those facing charges for criminal offenses may be wondering if they are eligible for bail. Depending on the severity of the alleged crime, Illinois offenders may be allowed to post bail and get out of jail while they await trial and sentencing.  

Criminal Justice System Reforms

In addition to ending cash bail as an option for offenders, the Illinois campaign to enact other criminal justice system reforms has been led by a coalition of 15 organizations and the Illinois Legislative Black Caucus (ILBC). The Pretrial Fairness Act passed the state legislature; however, at the time of this writing, the bill is waiting on Governor Pritzker’s signature. Gov. Pritzker faces mounting pressure from different organizations, including police agencies, to reject or veto the bill. The Act creates a more expansive system for monitoring statewide law enforcement misconduct, requiring every police officer in Illinois to be equipped with a body camera by 2025.

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When Can a Defendant Be Found Incompetent to Stand Trial in Illinois?

 Posted on January 15, 2021 in Criminal Defense

Joliet criminal defense lawyerWhen someone is charged with a crime, a number of things can happen within the criminal justice system. Typically, the defendant is arrested and read his or her rights, which includes the right to an attorney. In Illinois, a person may be eligible for bail depending on the severity of the alleged crime. Certain cases can also result in a trial, with a judge and a jury. You may have heard the phrase “incompetent to stand trial” from watching a movie or crime drama on television. What exactly does it mean to be found “incompetent” and how is this different from an individual being found not guilty by reason of insanity? Can mental illness prevent a defendant from being convicted of a criminal offense in Illinois? 

Mental Illness and Criminal Cases

Research shows that in the United States, approximately one in five adults live with a mental illness (51.5 million people in 2019). This type of illness can vary in degree of severity, ranging from mild to moderate to severe. Depression, anxiety, and bipolar disorder are a few of the most common mental illnesses that individuals experience. 

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