Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Joliet, IL domestic violence attorney order of protection

The state of Illinois has been encouraging people to stay at home in recent weeks to stop the spread of COVID-19, but for some, this new stay-at-home rule could mean an increase in domestic violence. It is frustrating to be cooped up at home, and in certain cases, these feelings could lead to a higher rate of abuse accusations. Some people may be wondering about their legal options during a stay-at-home order. Courts in Illinois are still open for business with modified hours to ensure that victims of domestic violence can file for orders of protection. If an emergency protective order is granted, an alleged abuser may be required to find another place to stay throughout the duration of the stay-at-home order. If an order of protection has been issued against you in Illinois, it is essential that you understand its stipulations to avoid criminal charges

What Is an Order of Protection?

An Illinois order of protection is a legal document issued by the court that keeps a victim of domestic violence separate from his or her alleged abuser both physically and via electronic communication. Anyone who is allegedly being abused by a member of his or her household can petition for a protective order. Members of a household include:

  • Spouses

  • Parents or children

  • Legal guardians

  • Anyone related to the victim

Once the order of protection has been served to the alleged abuser, he or she will be unable to stay in the household with the alleged victim. In some cases, the recipient of the order will also be given a certain distance that he or she will need to stay away from the alleged victim. Additionally, an alleged abuser cannot have contact with his or her alleged victim via telephone, email, or social media. This is meant to ensure that an alleged victim will be protected from verbal abuse, online harassment, or other actions that can cause them harm.

What Behaviors Violate an Order of Protection?

Coming into any sort of contact with the alleged victim while an order of protection is in place will constitute a violation of the order. Other types of violations include:

  • Knowingly committing any act that goes against what is written in the order

  • Knowingly breaking the distance in which the alleged abuser is supposed to stay away from the alleged victim

  • Contacting or harassing the alleged victim via social media with an account under a different name

Any violation of a protective order is punishable as a Class A misdemeanor in Illinois. An alleged abuser has the right to fight the order of protection and all charges of domestic violence. The named abuser may state that he or she did not commit the alleged acts of abuse, or he or she may argue that his or her actions were taken in self-defense.

Contact a Joliet, IL Criminal Defense Attorney

Being accused of domestic violence is a serious allegation that can carry significant punishments. If you or someone you know is facing domestic abuse charges or has been served with an order of protection, it is imperative that you speak with an experienced criminal defense attorney as soon as possible. The skilled legal team at Tedone & Morton, P.C. will build a strong defense on your behalf and make sure no punishments are issued without cause. To schedule a free consultation with our diligent Will County domestic violence defense lawyers, call our office today at 815-666-1285.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.4

 

Plainfield, IL traffic violations defense attorney

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 2,800 lives in 2018. Due to the danger it poses, states across the country are cracking down on motorists who engage in this type of behavior. Earlier this year, Illinois revised its law on distracted driving and, specifically, the use of cell phones while behind the wheel. Previously, the act of texting and driving was punished as a moving violation only for repeat offenders. The revised law now punishes first-time offenders with a moving violation in addition to fines and possible prison time depending on the circumstances.

Why Was the Change Made?

Distracted driving is one of the leading causes of accidents on the road, along with drunk driving and drowsy driving. The change to the law was made to help reduce the number of car crashes. Unfortunately, it does not seem to be helping, since studies show that so far in 2020, 15.6 percent of young motorists (18-24) admit to driving while on the phone. Additionally, 20 percent of these drivers admit to not being aware of the specific Illinois criminal law that makes texting and driving illegal.

These rates of distracted driving are even higher when other types of distractions are considered. A person drives distracted when he or she:

  • Uses a cell phone when it is not in hands-free mode

  • Eats while the vehicle is in motion

  • Puts on makeup 

  • Talks to passengers

  • Changes or removes clothes 

Penalties for Distracted Driving

Any of the above activities may be considered reckless driving, because the actions put the driver and others on the road at risk of injury or death. Reckless driving is charges as a Class A misdemeanor and comes with possible jail time and a $2,500 fine.

As for cell phone usage while driving, offending motorists can be fined for each time they break the law:

  • $75 for first offenders

  • $100 for second offenders

  • $125 for third offenders

  • $150 for fourth and subsequent offenders

Motorists who cause an accident as a result of distracted driving may be charged with a Class A misdemeanor if a victim is injured. If a victim is killed as a result of distracted driving, the offending driver can face a Class 4 felony.

The Illinois law still recognizes exceptions to the distracted driving law for the following actions:

  • Law enforcement officers performing their duties

  • Using an electronic device to report an emergency

  • Using a mobile device while it is in hands-free mode

  • Operating a permanent communication device in a commercial vehicle

  • Using a cell phone while parked on the side of the road

Contact a Joliet, IL Traffic Violations Attorney

Distracted driving is a risky activity that can lead to collisions that may result in serious or fatal injuries. However, drivers could face distracted driving charges based on information or claims that are not accurate. If you or someone you know is facing traffic violation charges of any kind, an experienced attorney from Tedone & Morton, P.C. can help defend your rights and driving privileges. To schedule a free consultation with our accomplished Will County criminal defense lawyers, call our office today at 815-666-1285.

 

Sources:

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0858

https://illinoisrecklessdriving.com/law-penalties/

https://www.thezebra.com/texting-and-driving-statistics/

https://www.nhtsa.gov/risky-driving/distracted-driving

 

Will County armed robbery defense attorney

An act of robbery becomes “armed robbery” when an offender carries and/or uses a weapon during the commission of the crime. Weapons may include firearms, knives, and other objects that can cause bodily harm to a victim. This is why armed robbery is classified as a violent crime with more severe punishments than simple robbery in Illinois. It is important to understand the difference between the two offenses and the consequences if you are accused of them. A skilled criminal defense attorney can explain your options for defending against these serious charges. 

How Does Illinois Define Robbery?

According to Illinois law, robbery is the act of taking property from a victim using threats of violence. However, “property” does not include a motor vehicle, since that is covered in a separate law. Charges of robbery can be elevated to aggravated robbery when:

  • The alleged robber tells the victim that he or she has a weapon (such as a gun, switchblade, or ax) during the crime, but he or she actually does not

  • The alleged robber takes property and delivers it to another victim who does not know the property has been stolen

  • The victim of the robbery is over the age of 60 

  • The victim of the robbery is physically disabled

  • The robbery occurs in a school, daycare center, or place of worship

Simple robbery is punished as a Class 2 felony, while aggravated robbery is elevated to a Class 1 felony. Each charge is punished with a prison term and fines; up to seven years and up to 15 years respectively. Felony charges may be punished by fines of up to $25,000.

How Does Armed Robbery Differ?

There are different variations of the armed robbery law, all of which have penalties that grow more severe depending on the nature of the offense. All acts of armed robbery are considered a Class X felony with baseline punishments, including a prison term of up to 30 years and fines up to $25,000. Simply carrying a non-firearm weapon during the crime will see the offender face the above punishments. Prison terms are extended depending upon the seriousness of the crime:

  • 15 years are added to the term if the offender carries a firearm during the crime

  • 20 years are added to the term if the offender discharges a firearm during the crime

  • 25 years or up to the remainder of natural life is added to the term if the offender discharges a firearm that subsequently causes bodily harm or kills a victim

Contact a Joliet, IL Criminal Defense Attorney

Violent acts are serious and can be life-altering for both the victim and the alleged criminal. However, there are ways to defend against armed robbery charges, especially if the allegations are false. If you or someone you know is accused of this serious crime, it is imperative that you hire a lawyer from the Law Offices of Tedone & Morton, P.C. who can help build a solid defense strategy. To schedule a free consultation with a tenacious Will County violent crimes defense lawyer, call our office today at 815-666-1285.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=61900000&SeqEnd=62600000

 

Joliet, IL traffic violations attorney

All drivers learn in Driver’s Education classes that one of the most important rules of the road is to obey all traffic lights and stop signs. When a stoplight is red, the driver has to come to a complete stop. In addition, no matter what, a driver must stop at an intersection marked with a stop sign. Failure to yield at intersections and/or crosswalks is considered a traffic violation in Illinois. In addition to costly tickets, these infractions may also lead to a car accident with injuries and more serious charges.

What Are the Rules at Intersections?

Illinois enforces red light violations by automated cameras at some intersections. Police officers will also stop a car when it runs a red light and will issue a $120 ticket to the offending driver.

To avoid violations and reduce the possibility of collisions, it is important to follow these rules:

  • Drivers should slow down when a traffic light is yellow unless the driver is too close to the intersection.

  • Left-turn drivers must yield to all other traffic.

  • Right-turn drivers must yield to oncoming traffic.

  • Right-turn drivers must stop and wait for an opening before turning on a red light.

  • Left-turn drivers should only make their turn on a green or yellow light when no cars are approaching from the other direction. Some intersections utilize a left-turn arrow to alert drivers when it is safe to turn.

  • Drivers approaching a crosswalk not marked with a stop sign do not need to stop unless pedestrians are present. Pedestrians always have the right of way at these crosswalks.

  • Drivers must yield to pedestrians who are legally crossing an intersection according to a signal.

Any of these infractions will lead to traffic violation charges, including 20 demerit points against the offender’s driver’s license.

Other Consequences of Failing to Yield

Every time a driver fails to obey the rules of intersections, he or she puts someone else in danger of injury. This is why drivers could face reckless driving charges, depending on the nature of the offense. In Illinois, reckless driving is punished as a Class A misdemeanor; penalties for this conviction include up to one year in prison and/or $2,500 in fines.

If a driver causes injury to another person because he or she did not yield to traffic signs, he or she can be held responsible for compensating the victim for medical bills and/or car repairs.

If a driver kills a victim after running a red light or not stopping at a stop sign, he or she can be charged with reckless homicide. In Illinois, this charge is a Class 3 felony, punishable with a prison term of two to five years.

Contact a Joliet, IL Criminal Defense Attorney

If you are fighting charges for running a traffic signal or stop sign or any other traffic violation, it is critical that you seek professional legal counsel. An accomplished lawyer from the Law Offices of Tedone & Morton, P.C. will help you clear your record and keep your driving privileges intact. Our lawyers have experience successfully defending clients with a variety of traffic charges. To schedule a free consultation with our diligent Will County traffic violations lawyers, call our office today at 815-666-1285.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+11+Art.+XIV&ActID=1815&ChapterID=49&SeqStart=125600000&SeqEnd=130700000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-1002.5

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://illinoisrecklessdriving.com/law-penalties/

 

Posted on

Plainfield, IL gun charges defense attorney

Gun control is a hot topic these days, and gun laws throughout the country differ from state to state. It takes a long time to become eligible for a concealed carry license in Illinois. The state processes each applicant thoroughly to make sure weapons do not end up in the hands of dangerous people. Once they have their firearms license, some people think that they are free to carry a gun wherever they like, but this is not the case. It is important for Illinois gun owners to know there are certain places that are off-limits to guns, and most of them are clearly marked, so gun owners know to leave their firearm in their car or at home. In addition, punishments for weapons violations vary depending on the number of offenses against a person’s record.

Where Can I Purchase a Concealed Carry Firearm?

Illinois law allows citizens to purchase firearms from a licensed dealer or a private seller. Several steps must be taken when someone chooses to buy from a Federal Firearms Licensed Gun Dealership, such as the following:

  • Customers must present a Firearm Owner’s Identification (FOID) card.

  • Customers must verify local gun ordinances.

  • Customers must pass a background check from the Illinois State Police.

  • Customers must abide by the waiting period required by Illinois gun laws.

  • After purchase, the gun must be unloaded and secured for transport.

Private sellers also have rules that they must obey any time they sell a firearm. The biggest difference between a federal dealer and a private dealer is that if an unlicensed customer requests the purchase of a firearm, the private seller must obtain approval from the Department of State Police before selling the gun.

What Places Are Off-Limits to Carry Concealed Firearms?

There are many places in which people can carry a firearm, including restaurants that serve alcohol, national parks, in a vehicle, and in a place of worship, unless an establishment is marked with a “no firearms” sign. However, Illinois does not allow guns in the following locations:

  • On public transportation

  • Roadside rest areas

  • In or near schools, including school parking lots

  • Public playgrounds or parks

  • Government buildings

  • Cook County forest preserves

  • Private property

A first-time violation of carrying a weapon within a restricted area is punished as a Class B misdemeanor, while second and subsequent violations are elevated to Class A misdemeanors. Illinois State Police may suspend a gun license after two firearms offenses and permanently revoke a license for more than three weapons violations.

Contact a Joliet, IL Weapons Defense Lawyer

Part of the responsibility of owning a gun is knowing the laws pertaining to weapons. However, mistakes can happen, and a gun owner can be punished for an offense he or she did not intentionally commit. The skilled legal team at the Law Offices of Tedone & Morton, P.C. has experience defending against many different types of weapons charges. Our knowledgeable Will County criminal defense lawyers can make sure you do not lose your concealed carry license because of an oversight. To schedule a free consultation, call our office today at 815-666-1285.

 

Sources:

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/il-gun-laws/#loc_res

https://www.isp.state.il.us/docs/firearms052104.pdf

http://concealedcarryandme.com/regulations-and-penalties/

 

  • Badges and Associations
  • Badges and Associations
  • Badges and Associations
Back to Top