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Recent Blog Posts
Can an Illinois Judge Reject Your Plea Bargain?
According to the DOJ, the overwhelming majority – 90-95 percent – of criminal charges are dispensed via a plea bargain rather than a trial with a jury or judge. A plea bargain is an agreement between the prosecutor and the defendant, typically involving a reduction in charges or a more lenient sentence in exchange for a guilty plea or cooperation. A plea bargain avoids a trial, expediting dispensation of the case and usually resulting in a lighter sentence.
Accepting a plea bargain also takes away the possibility of a guilty verdict and a much harsher sentence handed down by a jury. If you, your attorney, and the prosecutor have reached a plea agreement, you may feel relief, knowing how your criminal charges will be punished. Before you start making plans, be aware that a judge can potentially reject a plea agreement, rendering it null and void.
If the Police Do Not Have a Warrant, Should You Let Them In?
Since the police rarely knock on your door to deliver good news, it can be stressful and frightening when police officers knock on your door. Many people think they are required to let law enforcement in, so it is important to know that they must have a warrant to come into your home – unless you give them permission.
It is easy to think that you have nothing to hide, so why not just let the police come in your home and search? Make no mistake, there are a hundred things in virtually anyone’s house that the police might consider "suspicious."
Unless you are 100 percent certain that nothing could be deemed even the slightest bit suspicious in your home, just say no. Once granted access to your home, the police will likely also ask questions of anyone in the house at the time. Talking to law enforcement voluntarily will never benefit you in any way.
What Are the Most Common Cybercrimes in Illinois?
Large-scale computer breaches are on the rise, and individuals are also under threat from cybercrimes, including identity theft. Cybercrimes involve the use of a computer to commit the offense. For large corporations, it can take the average large company about 194 days to identify a computer breach and another 100 days to contain it.
The likelihood of cybercrimes being prosecuted in the United States is only about 0.05 percent. This is despite the fact that in 2022, the FTC received more than 1.1 million reports of identity theft, and in 2023, there was a 72 percent increase in cybercrimes from 2021.
Because cybercrimes are so difficult to trace back to the culprit, in some cases, a person can end up charged with a cybercrime based on information he or she had no knowledge of that was taken from a computer that others had access to. The most common types of cybercrimes include:
The Two Sides of Eavesdropping and Wire Taps
As most of us know, recording police in public areas has become a common occurrence. Prior to 2014, citizens could be prosecuted for recording police or other public officials without consent in Illinois. A law passed in December 2014 (720 ILCS 5/14) made it legal to record public officials and police in public areas without incurring criminal charges.
Conversely, once this new "eavesdropping law" went into effect, it became much easier for police to record private citizens—under certain circumstances. Conversations that remain protected are those where there is a reasonable expectation of privacy. These situations require consent from all parties being recorded.
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.
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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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