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Recent Blog Posts
Can You Be Denied Bail for Possession of Child Pornography?
Several months ago, two DuPage County men were charged with multiple counts of possession and distribution of child pornography. The 38-year-old man and the 26-year-old man were arrested after separate investigations.
Police allegedly found child pornography on multiple electronic devices belonging to the older man. The younger man was on probation for a prior child pornography conviction when a search warrant of his phone allegedly revealed hundreds of child pornography images and videos.
Both men were denied pre-trial release. A conviction for possession of child pornography is a serious offense in the state of Illinois, with serious penalties. If you are facing similar charges, it is important that you speak to an experienced Wheaton, IL criminal defense attorney.
What Are the Penalties for Buying Stolen Property in Illinois?
It is common knowledge that someone who steals property has committed theft. However, someone who buys or receives that stolen item can also be charged with a criminal offense. Purchasing or receiving stolen property is a serious crime that carries heavy penalties in Illinois, including fines and prison time. In today’s internet age, buying stolen goods is a much more frequent occurrence as people shop in online marketplaces. If you are facing charges of buying stolen property, contact an Illinois criminal defense lawyer right away to begin building your case.
What Is the Law in Illinois About Receiving Stolen Property?
Under Illinois statute 720 ILCS 5/16-1, theft not only means stealing property but also includes possession of stolen goods. If you receive or buy a stolen item, you can be charged with theft. However, one of the key criteria is that you must know or have reason to know the item was stolen. This can make certain cases of theft complex, especially with today’s online marketplaces.
Is AI-Generated Child Pornography a Crime in Illinois?
As AI technology becomes mainstream, programs that can generate photos and videos are becoming increasingly popular. Users continue to employ AI-generated imagery for various purposes, including pornography. AI programs are sometimes used to generate sexual images and videos of fictional characters, while other times they depict actual people performing sexual acts — referred to as "deepfakes."
Policymakers have been working on passing laws regarding AI-generated pornography. While pornographic imagery of fictional adults falls under the First Amendment right to free speech, deepfakes and sexual depictions of children are illegal in some states and in the process of being outlawed in others.
This article will discuss Illinois laws regarding AI-generated child porn. Contact an Illinois child pornography defense attorney for more information and questions about your specific case.
Can I Be Arrested if Minors Drink at My Party?
College football season has begun, and that usually means an increased amount of drinking. Whether they go to the stadium or join a watching party, college football fans are known to enjoy a few beers throughout the game. Even for non-fans, going to a neighbor’s or friend’s house to watch the game can be a great opportunity to kick back and socialize with good company.
It is relatively common, however, for minors to be present at football-watching parties. They might live in the house or belong to an adult visitor. Minors, or even adults under 21, may have an easy time sneaking a few drinks while adults are watching the game.
Underage drinking is a serious crime in Illinois. It can mean penalties not only for the drinker but also for the host of the party where the minor obtained the alcohol. This article will discuss whether an adult can be arrested for hosting a party where there is underage drinking. If you or a loved one has been accused of allowing a minor to drink alcohol, consult an Illinois criminal defense attorney right away to start building your defense.
Is Cyberbullying a Crime in Illinois?
Until internet use became mainstream, there were not many laws against bullying. At that time, bullying usually meant insulting or physically assaulting someone else. However, the advent of social media gave rise to a new term called "cyberbullying," a more nefarious type of harassment that can be done anonymously and reach a larger audience. Cyberbullies can use the internet to access information about someone that can then be used to target him or her; and, because of the internet’s instantaneous nature, they can do it repeatedly and often.
Many states, including Illinois, have laws that make cyberbullying a crime. However, this has created other challenges. For example, someone may believe he or she is being cyberbullied when merely engaged in a heated argument. If you are accused of cyberbullying, be sure to consult an Illinois cyberbullying defense attorney to protect your rights.
When Is It Time to Consider a Plea Bargain?
The United States judicial system has a rocky history regarding plea bargains, despite the fact that criminal defense attorneys negotiate plea bargains in about 98 percent of federal cases and 95 percent of state cases. In 1957, the Fifth Circuit Court ruled on the case of Shelton v. United States, which was meant to determine whether plea bargains should be implemented in the criminal justice system. The Court wrote, "Justice and liberty are not the subjects of bargaining and barter."
In 1970, the subject of plea bargains was placed squarely before the U.S. Supreme Court in Brady v. United States. The Court finally embraced plea bargaining as a "mechanism of efficiency that might free up resources" for those cases that did proceed to trial. The Brady decision is noteworthy for bringing plea bargaining out of the shadow, but at the time there was still little regulation or oversight of the process.
When Minors Are Convicted for Alcohol Offenses in Illinois
America has a legal drinking age that is not decided by states. According to federal law, anyone who is 21 years old or older can legally consume alcohol and anyone younger than that cannot. When someone is caught drinking underage, they could face serious repercussions. If you are facing charges of a juvenile DUI, speak with an experienced DuPage County, IL criminal defense attorney who can review your case and offer you valuable guidance on how best to proceed.
Zero Tolerance in Illinois
The state of Illinois has set the legal blood alcohol content (BAC) at 0.08%. However, when it comes to underage drinking, the state has a zero-tolerance policy. That means that if anyone under the age of 21 is found with any amount of alcohol in their blood, even if it is much lower than the legal limit, the consequences can be very harsh. There are several scenarios that could be punished in specific ways, as follows:
What Constitutes Online Solicitation?
Online solicitation is a serious offense that can lead to severe legal consequences, and it is beneficial to fully understand what constitutes an online solicitation crime. An Illinois lawyer can discuss the potential penalties and defend against these charges.
What is Online Solicitation in Illinois?
Online solicitation is a serious offense in Illinois, involving the use of the internet or other electronic means to entice, lure, or persuade someone to engage in illegal sexual conduct. This can include soliciting a minor for sexual purposes or soliciting an adult while pretending to be a minor.
Key Elements of Online Solicitation
To prove online solicitation in Illinois, prosecutors must establish certain key elements, including:
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The defendant used the internet to communicate with the victim.
What to Do if Falsely Accused of Domestic Violence
A false accusation of domestic violence can be a distressing experience. In Illinois, even a baseless accusation can result in significant legal repercussions, regardless of the absence of supporting evidence. If you find yourself in this situation, make sure you understand your rights and take quick action to protect your future. An Illinois lawyer can help you with the next best step to take for your situation.
What You Should Know About Domestic Violence Charges in Illinois
Under Illinois law, domestic violence is defined as physical abuse, harassment, intimidation, or interference with the personal liberty of a family or household member. This can include spouses, ex-spouses, dating partners, children, and others who share a common dwelling.
False accusations of domestic violence can arise from various situations, such as a contentious divorce, a child custody battle, or a personal vendetta. Regardless of the accuser’s motives, these allegations can lead to criminal charges, orders of protection, and a tarnished reputation.
How to Fight Wrongful Convictions in Illinois
Wrongful convictions are a travesty of justice that can devastate lives and erode public trust in the legal system. Individuals who have been wrongfully convicted have legal options to challenge their convictions and seek exoneration. An Illinois lawyer can guide you through the process of fighting wrongful convictions.
Understanding Your Rights
The first step in fighting a wrongful conviction is understanding your rights under Illinois law. The Illinois Post-Conviction Hearing Act allows individuals who have been convicted of a crime to file a petition challenging their conviction or sentence based on constitutional violations or other legal errors.
Gathering Evidence
To succeed in a post-conviction petition, you must present compelling evidence demonstrating that your conviction or sentence was unfair. This evidence can include new DNA evidence, witness recantations, evidence of prosecutorial misconduct, or ineffective assistance of counsel.
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From our office in Wheaton, Illinois, we serve clients throughout the Chicago area including but not limited to Winfield, Warrenville, West Chicago, Glen Ellyn, Naperville, Lisle, Downers Grove, Lombard, Oak Brook, DuPage County, Kane County, Will County, and Cook County.
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