Quite possibly. But like so much of law, it depends on the judge. The court could find your writings and/or your internet searches are relevant to show your intent to commit the crime.

Under the Illinois Rules of Evidence, your past acts are generally not admissible to prove you have bad character and thus, are more likely to commit a crime. However, such evidence can be used to show intent as well as motive, opportunity, preparation, plan, knowledge, identity or absence of mistake or accident. If your writings fall within one of those categories, they could be admitted.

In People v. Ressa, the defendant was convicted of aggravated criminal sexual abuse and child abduction. Both offenses require the state to prove intent. The trial court admitted into evidence “defendant’s delusional and fantastical writings, online searches relating to well-known cases involving children who had been murdered and sexually molested, and other items relating to children.” The court said this evidence was relevant to show whether the defendant touched the children for purposes of sexual gratification.

If you are charged with sexual assault or a similar crime, contact an experienced criminal law attorney immediately. As the court above noted, the trial judge must decide whether to admit such evidence on a case-by-case basis. An experienced attorney may be able to persuade the court that such evidence should be kept out at trial.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post CAN MY FANTASIES OR INTERNET SEARCHES BE USED AGAINST ME IN A SEXUAL ASSAULT CASE? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

The crime of child abduction by a parent is a Class 4 felony, punishable by 1 to 3 years in prison. Child abduction can include intentionally violating a custody order by concealing or detaining the child or taking the child out of the court’s jurisdiction.

While married to the other parent, you may not knowingly hide, keep or remove the child with physical force or its threat. Nor can you do so because someone without legal custody has promised to pay you.

If you have been charged with child abduction or a similar offense, contact an experienced criminal attorney immediately. An attorney can review your case for its best possible defense. Even under the above circumstances, there are certain defenses. Perhaps you had legal custody or visitation rights at the time of your violation or perhaps you were fleeing domestic violence.

At times, there may be circumstances beyond your control. If so, you must make reasonable attempts within 24 hours after visitation ends to notify the other parent about those circumstances as well as the child’s whereabouts and how the child can be contacted. You must also return the child as soon as possible.

In one Illinois case, the court overturned the putative father’s conviction because the state did not prove he had taken the child without the mother’s consent. (See People v Cole).

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com. Source: Illinois Child Abduction Statute.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post THE CRIME OF ABDUCTING YOUR OWN CHILD IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.