Author Archives: admin

SETTING THE RECORD STRAIGHT: ILLINOIS IDENTITY THEFT EXPUNGEMENT

Your name is Jack Smith, but you’re not THAT Jack Smith, the one who stole your identity and misused a credit card or embezzled from a bank account or got a DUI using a license with your information. Perhaps you … Continue reading

Posted in clearing criminal record, expungement, identity theft expungement, sealing | Leave a comment

TELEPHONE HARASSMENT: WHAT IS INTENT?

Illinois law prohibits someone from using the phone to make obscene comments with the intent to offend another or to make a call, whether or not one speaks, with the intent of abusing, harassing or threatening someone. A caller’s intent … Continue reading

Posted in harassment, phone harassment, telephone harassment | Leave a comment

“THEY ASKED ME TO PAY!”: THE RETAIL THEFT CIVIL DAMAGES LETTER

You’re already on edge after you were charged with shoplifting. Now you have received a letter or a phone call from a collection agent or a law firm asking you to pay money for the merchandise that you took. Will … Continue reading

Posted in retail theft, shoplifting | Leave a comment

“BUT I DIDN’T START IT!”: THE ILLINOIS LAW ON SELF-DEFENSE

He just came at you. To protect yourself, you pulled out a knife or maybe a gun. He turned to run away. Pumped with adrenalin, you couldn’t stop yourself from going after him. Now, he’s in the hospital, and you’re … Continue reading

Posted in aggravated battery, aggressor, assault, battery, burglary, forcible felony, self defense | Leave a comment

TAPING AN ASSAULT OR BATTERY TO BE AN AGGRAVATED OFFENSE IN ILLINOIS

As of January 1, 2014, Illinois has taken a step into modern media times by adding a video/audio component to its aggravated assault and battery laws. The changes in Illinois law upgrades assault or battery to an aggravated offense if … Continue reading

Posted in aggravated assault, aggravated battery, assault, audiotaping, battery, texting, videotaping | Leave a comment

“I DIDN’T KNOW!”: WHEN IGNORANCE IS A DEFENSE

As the saying goes, ignorance of the law is no excuse. Generally, that statement is true. All persons are presumed to know the law. There are rare occasions, however, when ignorance can be a defense. In Illinois, ignorance can be … Continue reading

Posted in defense, ignorance, intent, order of protection, retail theft | Leave a comment

NEW ILLINOIS LAW ALLOWS MORE NON-VIOLENT FELONY OFFENDERS TO SEAL CRIMINAL RECORDS

Beginning January 1, 2014, certain types of felony offenders will now be eligible to leave their criminal record in the past. Under the new law, offenders with convictions for non-violent Class 3 and Class 4 felonies may petition to seal … Continue reading

Posted in criminal record, expungement, felony, felony conviction, sealing | Leave a comment

I’VE NEVER BEEN IN TROUBLE BEFORE! DOESN’T THAT MATTER?

You’ve never been in trouble before. That retail theft or marijuana bust is your first arrest of any kind. You’ve never even blown a stop sign. Doesn’t that help? The answer is yes and no. A first offender may be … Continue reading

Posted in Uncategorized | Leave a comment

RETAIL THEFT: SECOND OFFENSE AND BEYOND

Retail theft the second time around can be a much more complicated affair than your first offense. Repeat offenses may lead to stiffer charges, violation of supervision, and a conviction that stays on your record. For starters, a second offense … Continue reading

Posted in bond violation, retail theft, shoplifting, theft, violation of supervision | Leave a comment

ILLINOIS CRACKS DOWN ON DOMESTIC VIOLENCE OFFENDERS

As of January 1, 2014, those accused of domestic violence could face more severe penalties. A change in Illinois law stiffens the charges against repeat offenders. Domestic battery is defined as knowingly and without legal justification causing bodily harm or … Continue reading

Posted in Class 2 felony, Class 3 felony, class 4 felony, domestic battery, domestic violence, felony, misdemeanor, repeat offender | Leave a comment