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How Can I Defend Against Child Abuse Accusations in Illinois?
The state of Illinois has a low tolerance for child abuse. Even actions that may seem like reasonable forms of discipline could result in child battery or domestic violence charges if they are misinterpreted. These accusations can be devastating to the parent who is being accused, especially if the family is split. In these cases, the allocation of parental responsibilities can be altered so that the child does not see the alleged abuser again. For those who are wrongly accused, they could lose precious time with their young ones. This is why a thorough investigation by the Department of Children and Family Services (DCFS) is important when defending against such charges.
Understanding Child Abuse Allegations
Illinois law classifies child abuse as an "aggravated battery of a minor." This charge is defined legally as any person over 18 years of age causing bodily harm and/or permanent disfigurement to any minor under 13 years of age or someone who is severely mentally impaired.
Is Cyberbullying Considered a Violent Crime in Illinois?
Social media has many benefits, but certain online sites also make it easier for teens and adults to “cyberbully” one another. Cyberbullying is defined as an act of demeaning, humiliating, or even threatening the safety of someone else through electronic means such as email, social media, and text messages. This type of behavior can be classified as harassment, which can have negative consequences. Harassment can leave deep scars on the mental health of a person, and this is especially true for young people. The victims of cyberbullying often engage in self-harming, and in some cases, they have gone on to commit school shootings. With this in mind, cyberbullying could be considered a violent crime in Illinois.
Does Illinois Have a Cyberbullying Law?
According to a recent study from Rasmussen College, 58 percent of teenagers admitted to being bullied online. 75 percent of kids admitted to having visited websites that focus on hateful comments about another minor, and 70 percent witnessed bullying via social media. It took some time, but cyberbullying is now enforced in Illinois, and legal punishments may be appropriate in order to put an end to online bullying. Illinois has an Anti-Bullying Law, which covers both face-to-face bullying and cyberbullying. It also covers acts of bullying that do not happen on a school campus. This way, a student can feel comfortable letting teachers or administrative staff know that he or she is being bullied online so action can be taken against the perpetrators.
What Happens to Minors Who Drink and Drive in Illinois?
The state of Illinois has serious consequences for those who drink and drive. When a minor under the legal drinking age of 21 decides to operate a vehicle while intoxicated, they may face severe punishments that can have a lasting effect on the young person’s life. Illinois has a "Zero Tolerance Law" for underage drinking and driving. Under this law, a minor driver who is found with any amount of alcohol in their system will have their license suspended and will have to take a driving course before having their driving privileges reinstated. Even those minors who are caught attempting to purchase alcohol with a fake ID can suffer consequences.
Illinois Zero Tolerance Law
A conviction under the Zero Tolerance Law may not lead to punishments that are as serious as those for a regular DUI conviction. However, if a minor is stopped under suspicion of drunk driving, the officer who makes the stop can decide which charges will apply: DUI, Zero Tolerance, or both.
How to Fight Forgery Charges in Illinois
The state of Illinois classifies forgery as a “deceptive offense.” This means that the act involves defrauding a person or business with the intent to receive personal gain or cause financial loss to the victim. Forgery is punishable in Illinois as a felony offense, and those who are caught can face serious consequences from fines to jail time. It is important to understand what actions constitute this white-collar crime and the consequences for someone accused of it.
What Is Forgery?
Any act that defrauds (illegally obtaining money from a person or business) a specific victim is classified as forgery. This includes any of the following:
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Creating or altering documents that make defrauding someone possible
Can a Minor Be Charged with Domestic Violence in Illinois?
Children learn from the early years of their life what is right and what is wrong. They do this by observing the behavior of their parents, or those adults closest to them. Therefore, if a minor is in a household that experiences acts of domestic violence, the child is more likely to mimic the behavior later in life. According to the Office of Women’s Health (OWH), more than 15 million children live in homes that have experienced domestic violence at least once. These children are more at risk for abusive acts that can lead to being arrested and charged with simple assault.
The Reality of Children Caught in Abusive Households
Illinois law defines domestic violence as any one member of a household causing injury by means of choking, biting, hitting and similar acts to any other member of the household including:
Who Is to Blame For Death By Drug Overdose in Illinois?
Illegal drug possession and use have climbed rapidly throughout the United States in recent years. The use of opioids has become more prevalent, and these drugs were responsible for 68 percent of fatal overdoses in 2017. According to the National Institute on Drug Abuse, approximately 47,600 people died in 2017 due to an opioid drug overdose. It is important to understand Illinois laws regarding the possession of illegal drugs in the event you are faced with such charges, even if you were simply a witness to an overdose and called for help.
Who Is to Blame For Overdose Deaths?
In Illinois, a person who sold the drugs that led to a fatal overdose can be prosecuted for drug-induced homicide. However, Illinois is also one of 40 states in the United States that upholds the Good Samaritan Law, which protects both the victim of the overdose and the person who calls the police for help from facing charges.
How Do I Defend Against Stalking Charges in Illinois?
A lot of people do not think of stalking as a form of domestic violence, but it can be just as devastating to a victim as physical abuse. Stalking can come in many different forms, especially now with the prevalence of electronic communication and social media outlets. Illinois law has different categories when it comes to stalking charges, but stalking is generally defined as engaging in conduct that makes another person, the victim, fear for his or her own safety and/or suffers emotional distress. Whether it be actually following someone or harassment through text messages, it is important to know how Illinois law defines the different types of stalking and their penalties if you are ever faced with this kind of charge.
Types of Stalking
The obvious form of stalking that everyone knows about is the act of one person following another from place to place with the intent to commit bodily harm or even kidnap the victim. However, Illinois also observes stalking as being any of the following:
Should I Refuse a Field Sobriety Test in Illinois?
Several things happen when a driver is pulled over under suspicion of driving under the influence in Illinois. After the police officer approaches the car, he or she may observe any unusual behavior or appearance of the driver. Officers will look for signs of drunkenness, including blood-shot or watery eyes, slurred speech, and the smell of alcohol. If the officer suspects impairment, he or she will ask the driver to exit the vehicle to perform a DUI field sobriety test. The officer can also administer a chemical test, but most of the time that kind of test is performed after a driver is taken into custody on suspicion of DUI and arrives at the police station.
What Types of Field Sobriety Tests Are Performed?
An officer may ask a driver to perform several different tasks during a field sobriety test, such as counting by fives or reciting the alphabet backward. However, there are three main types of standardized field sobriety tests that are recognized by the National Highway Traffic Safety Administration (NHTSA):
What Are the Illinois Laws for Owning a Gun?
Thousands of people from across Illinois flocked to Chicago’s Navy Pier to see this year's fireworks show in celebration of the Fourth of July. However, the booms of the fireworks were not the only noise present throughout the city. According to a report from the Chicago Sun-Times, 16 people were shot and two were killed in violent crimes that occurred in and around the city on Independence Day. One potential reason for the high number of incidents may be the increased consumption of alcohol over the holiday weekend. Regardless of the time of year, Illinois has several rules for firearms that are meant to keep people in the state safe. Violations of these laws can result in being charged with a weapons crime.
Who Can Legally Own a Gun?
What Are the Options For Defending Against Attempted Murder Charges in Illinois?
Murder is one of the most serious of all violent crimes. A person accused of taking the life of another person faces the possibility of life in prison. Even the accusation of an attempt to kill someone can result in serious punishments. In Illinois, there is a fine line between assault charges and attempted murder charges. However, they are very different in the severity of their punishments.
What Is the Difference Between Assault and Attempted Murder?
Assault is defined as the threat of inflicting bodily harm or offensive physical contact upon another person. This can be an action as simple as forcefully shoving someone or as serious as threatening someone else with a firearm. If convicted of simple assault, the punishment is a Class C misdemeanor resulting in a prison term of up to 30 days and a $1,500 fine.
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