Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Plainfield, IL criminal defense attorney robbery

According to Illinois law, a robbery occurs when a person took property that did not belong to him or her from another person by use of force or the threat of force. If the alleged perpetrator possessed a firearm or other weapon at the time of the offense, he or she may be charged with armed robbery. If you or a loved one have been arrested and charged with robbery, you may be shocked and unsure of what to do next. Being charged with a violent criminal offense has the potential to change the alleged perpetrator’s life forever. An experienced criminal defense attorney can help you build a strong defense against the criminal charges.

Penalties for Robbery in Illinois

Robbery is typically a Class 2 felony in Illinois punishable by up to seven years’ imprisonment and a fine of up to $25,000. If the robbery took place at a rehabilitation facility, church, school, or childcare facility, or the offense was committed against an elderly or disabled person, robbery becomes a Class 1 felony punishable by up to 15 years in prison. Armed robbery is a Class X felony. In Illinois, Class X felony offenses may result in life in prison. As you can see, the criminal consequences of robbery or armed robbery are severe. It is important to get started on your defense right away.

Possible Defenses Against Robbery Charges

To secure a conviction for robbery in Illinois, the prosecution must prove several elements. They must prove that:

  • You took property directly from a person or took the property in the person’s presence

  • You took the property through the use of force or the threat of force

  • You possessed a weapon at the time of the offense (if you have been charged with armed robbery)

The prosecution must prove these elements “beyond a reasonable doubt.” This burden of proof is the highest and most difficult to attain. You may be able to avoid a conviction if you and your attorney can show that the burden of proof has not been met. Often, this is accomplished by showing that the evidence against the criminal defendant is not substantial enough to meet the high standard needed to convict someone of a crime. It may also be accomplished by presenting evidence that negates the allegations brought against the defendant. For example, if the defendant can prove that he or she was at work at the time of the robbery, the prosecution may be unable to overcome this alibi. Evidence such as eyewitness statements, security camera footage, and police reports may be used to strengthen a criminal defendant’s case.

Contact a Plainfield, IL Criminal Defense Lawyer

If you or your loved one is facing charges for robbery in Illinois, contact the Law Offices of Tedone & Morton, P.C. We can help you build a strong defense against the charges and ensure that your rights are not violated. Call the Joliet office at 815-666-1285 or the Plainfield office at 815-733-5350 to schedule a free, confidential consultation with our reputable Will County criminal defense attorneys.

 

Source:

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

Joliet, IL criminal defense attorney DUI

Drunk driving causes thousands of accidents each year in the United States. In an effort to curb driving under the influence of alcohol and drugs, states have instituted harsh penalties for impaired drivers. Under Illinois law, anyone who drives a motor vehicle while impaired by drugs or alcohol faces several criminal and administrative penalties. If you are convicted of driving under the influence (DUI), you may face revocation of your driver’s license. An experienced criminal defense attorney can help reduce your charges and reinstate your driving privileges.  

Penalties for Being Arrested and Charged with Drunk Driving

Most drunk driving arrests happen during a traffic stop. If police suspect that you are under the influence, he or she will likely use a handheld breath test such as a Breathalyzer to test your breath for alcohol. The officer may also ask you to complete a field sobriety test during which you perform balance and coordination-based tasks. If your blood alcohol content (BAC) is 0.08 percent or more or you are notably impaired, you may be arrested and charged with DUI.

If this is your first DUI charge, you face an immediate six-month driver’s license suspension called a statutory summary suspension. Once your driver’s license has been suspended, you may not drive any motor vehicle by law. Once the suspension period ends, you are permitted to drive. However, if you are convicted of driving under the influence, you may face driver’s license revocation, which differs significantly from a license suspension.  

Drivers Convicted of DUI May Have Their Licenses Revoked

Being charged with a crime is not the same thing as being convicted of a crime. A person who is charged with DUI has been formally accused of driving under the influence. If a defendant pleads guilty to driving under the influence or is found guilty in court, he or she is then convicted of DUI. If someone is convicted of DUI in Illinois, his or her license may be revoked for one year. Once the revocation period ends, he or she will be able to request reinstatement of the license. However, unlike a suspension, the reinstatement of driving privileges after revocation is not automatic. A driver will need to formally request reinstatement and attend a Secretary of State hearing in order to regain the ability to drive.

Contact a Joliet, IL DUI Defense Attorney

If you have been arrested for DUI in Illinois, your driver’s license may be suspended or revoked. This can greatly impact your daily life if you cannot drive to places, including to and from work. A tenacious Will County criminal defense lawyer from Tedone & Morton, P.C. can help you fight to retain your driving privileges. Call our Plainfield office at 815-733-5350 or our Joliet office at 815-666-1285 to schedule a free, confidential consultation.

 

Source:

https://isp.illinois.gov/TrafficSafety/DuiPenalties

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Plainfield, IL divorce attorney parenting time

Whether you were never married, you are in the middle of a separation, or you are already divorced, co-parenting with an ex is a very challenging responsibility. This is especially true if you and your ex do not agree about parenting time, parental responsibilities, or other child-related issues. There is no one-size-fits-all approach to sharing custody of your child with an ex. However, there are some strategies that have proven to be helpful for many parents as well as the children in their care.

Take an Honest Look at What Is Working and What Is Not

You and your child’s other parent probably share at least one thing in common: You both want what is best for your kids. The end of the year can be a great time to evaluate what is working and what is not working regarding your co-parenting arrangement. If you decide that some changes would help things run more smoothly, you have the option of modifying your parenting plan. To do so, you will file a petition to modify the parenting plan with the court. Then, you and the other parent will attend a hearing in which you explain your reasons for requesting a modification. Illinois judges grant parenting plan modifications when they believe that the change is in the child’s best interests.

Consider Using Email or Text Communication if You Are Experiencing Conflict

If your co-parenting relationship is like that of most divorced couples, there is probably still a bit of resentment or anger between you and your ex. This can make effective communication difficult. One thing that has helped many co-parents communicate more effectively is technology. Email or text messages are often much less confrontational than in-person conversations. With a text or email, you can think about what you are going to say before you say it. This can help both parents avoid saying things they do not mean in the heat of the moment. There are also several computer and phone applications that can help parents keep track of child-related expenses, parenting time schedules, and other important issues. Furthermore, having a record of this communication can be very useful if parenting disputes do arise in the future.

Contact a Will County Child Custody Lawyer

Co-parenting with your ex-spouse can prove difficult, especially if you do not see eye to eye on child-related matters. If you are interested in modifying your parenting time or parental responsibilities, or you have other child custody concerns, a distinguished Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. can help. Call our Plainfield office today at 815-733-5350 or our Joliet office at 815-666-1285 to schedule a free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

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Plainfield, IL divorce attorney property division

One of the most important matters that must be resolved in a divorce is the distribution of marital property. When a couple marries, they typically combine their finances – either intentionally or unintentionally. Undoing this financial entanglement is often complex. Spouses may not even be aware of what their property rights are during a divorce. This is why it is important to consult with an experienced divorce attorney if you are legally ending your marriage in Illinois.

Dividing Property Using an Agreement Between the Spouses

You and your spouse can decide how you want to divide your assets without court intervention. You will first need to make a full accounting of all of your assets and debts. You can then negotiate an arrangement for dividing the debts and assets on your own, with help from your respective attorneys, or through an alternative resolution method like mediation. In order for this strategy to work, each spouse must be completely honest about his or her finances. If a spouse hides assets or lies about financial information, the negotiations will be pointless and any arrangement that is decided will be based on false information.

Property Division Through the Courts

If you and your spouse cannot reach an agreement about the division of property, the court will intervene. Illinois courts make property division decisions based on a series of factors that are listed in Illinois law. These factors include but are not limited to:

  • Each spouse’s contributions to the marital estate

  • Non-financial contributions made by a spouse

  • Each spouse’s financial circumstances including his or her employment, income, debts, and more

  • Each spouse’s education, training, employability, and future earning capacity

  • The duration of the marriage

  • Child custody arrangements

  • Any prior agreements such as prenuptial agreements

  • Whether the court will award spousal maintenance to a spouse

  • The tax implications of property division

Illinois adheres to a legal doctrine called equitable distribution when dividing property during a divorce. Only marital property that is acquired during the marriage is divided. Separate or nonmarital property is assigned to the original owner. The amount of property that each spouse receives is equitable, or fair, but it is not always exactly equal.

Contact a Will County Property Division Lawyer

Regardless of where you are in the divorce process, a Joliet, IL divorce attorney from the Law Offices of Tedone & Morton, P.C. can help. Our team has helped countless divorcing spouses understand their rights and responsibilities when it comes to property distribution. We can help you negotiate a property division arrangement, investigate concerns about hidden assets, and, if needed, represent you in court. Call us at our Joliet office at 815-666-1285 or the Plainfield office at 815-733-5350. Schedule a free consultation today.

 

Source:
https://www.ilga.gov/legislation/ilcs/documents/075000050K503.htm

Plainfield, IL criminal defense attorney drug possession

Few substances have been more hotly debated than marijuana or cannabis. Some believe that this plant-derived drug offers substantial medicinal benefits while others consider it to be a dangerous gateway drug. The laws governing the manufacture, sale, and consumption of marijuana are constantly changing. As of January 2020, the possession and use of recreational or medical marijuana are legal in Illinois for residents over age 21. However, Illinois residents are still subject to many marijuana-related restrictions. Violating these restrictions can lead to serious drug charges.   

Possession of More Than 30 Grams May Be a Misdemeanor or Felony Offense

Adults 21 and older are permitted to possess up to 30 grams or just over one ounce of marijuana flower and up to 5 grams of concentrated marijuana. Visitors to Illinois may possess half of these amounts. Many Illinois residents do not realize that although recreational marijuana is now legal in Illinois, there are still many ways in which the substance can lead to criminal charges.

Possession of 30 – 100 grams of marijuana is a misdemeanor offense punishable by up to one year in jail and a fine of $2,500. If an individual is caught with more than 30 grams of marijuana a second time, the offense is a felony punishable by up to three years of imprisonment and a maximum fine of $25,000. Possession of 100-500 grams of cannabis is also a felony offense punishable by up to $25,000 in fines and three years in prison. The greater the amount of marijuana possessed, the harsher the punishments. Possession of more than 5,000 grams or the sale or trafficking of large amounts of cannabis is punishable by upward of a decade in prison.

Driving Under the Influence of Marijuana

THC-containing products such as cannabis flower or cannabis-infused foods have been found to significantly worsen a user’s balance, coordination, and reaction time. Memory problems and impaired judgment are also common side effects of cannabis use. Consequently, it is unlawful to operate a motor vehicle while under the influence of cannabis. If a police officer suspects a driver of being under the influence of marijuana, he or she may ask the driver to complete a field sobriety test. Once the driver is arrested, he or she may be asked to submit to chemical testing of his or her urine, breath, or blood. If the driver has more than 5 nanograms of THC in his or her system, he or she may be charged with driving under the influence (DUI).

Contact a Joliet, IL Drug Crimes Defense Lawyer

If you or a loved one were charged with a criminal offense related to marijuana, do not take these charges lightly. Although the drug has been legalized in Illinois, there are still many ways that the possession, use, manufacture, or sale of the drug can lead to criminal consequences. Contact one of the highly skilled Plainfield, IL criminal defense attorneys at the Law Offices of Tedone & Morton, P.C. for help building a strong defense against marijuana charges. Schedule your free, confidential initial consultation by calling our Joliet office at 815-666-1285 or our Plainfield office today at 815-733-5350.

 

Sources:
https://www.usnews.com/news/best-states/articles/where-is-marijuana-legal-a-guide-to-marijuana-legalization
https://www.healthline.com/health/addiction/marijuana/effects-on-body
https://www.illinoispolicy.org/what-you-need-to-know-about-marijuana-legalization-in-illinois/

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