Domestic Offenses

Truth-in-sentencing: defendants must serve more than 50% of the sentence imposed

March 20, 2013
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Defendants in felony cases are subject to special rules in sentencing. Compared to misdemeanor sentencing, felonies are complicated. The court is governed by obscure rules that can sometimes produce unexpected results. And the last thing a defense attorney wants in court is to advise a client on a sentence and have something unexpected come up. […]

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Misdemeanor convictions that cannot be sealed: crimes of violence

November 23, 2012
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A person who is found guilty of a misdemeanor can have his record expunged in most circumstances. Most misdemeanors allow the court to impose a term of supervision if the defendant has no criminal history. Supervision is not a conviction, and it can be expunged. A conviction, however, cannot be expunged. It can only be […]

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Procedure for stalking no contact order in Illinois

May 31, 2012
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Illinois courts have a new law that allows an individual to seek a restraining order against another. In 2010, state lawmakers in Springfield passed a bill creating a stalking no contact order. The restraining order that is available under this statute differs from an order of protection and a sexual assault civil no contact order. […]

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An explanation of Illinois sex crimes

March 5, 2012
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The accusation of sexual misconduct can be devastating for a defendant. First, the person is tried in the court of public opinion, and almost always found guilty when his or her mug shot appears in the news. Second, regardless of any sentence imposed in a criminal case, the defendant will be required to register as […]

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Two types of domestic battery and penalties

September 13, 2011
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The law in Illinois provides that there are two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family […]

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Having contact with victim in domestic battery is a crime

August 15, 2011
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After an arrest for domestic battery, typically the police will release the offender upon payment of a small bond or signing a recognizance bond. The bond sheet is been provided to the person along with his other property. However, in some counties, the police will bring the person who was arrested before a judge for […]

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New Illinois law criminalizes parents who leave children with sex offenders

April 29, 2011
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Illinois lawmakers made a new criminal offense concerning sex offenders in 2011. Effective on January 1, 2011, the new law prohibits parents from leaving their children unattended with a child sex offender. The new law is found in the criminal code at 720 ILCS 5/12-21.6-5. The statute says that it is a Class A misdemeanor […]

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Why was I arrested for domestic battery when the victim refused to sign a complaint?

April 2, 2011
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All too often a person involved in a hostile confrontation in a domestic relationship will call the police without knowing the serious legal consequences that follow. Usually the person dialing 911 does not intend to have anyone arrested. The person’s motive is usually to calm the situation. But unfortunately, once the 911 call is made, […]

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Can the victim make the State drop charges in a domestic battery case?

February 3, 2011
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Many people believe that if they are the victim of a domestic violence incident, they can choose whether to press charges. During the course of a domestic altercation, they call 911 wanting the police to show up and calm the situation. In many instances, they do not want the defendant to be arrested. But once […]

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Will I lose my FOID card because of an order of protection?

May 6, 2010
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A new law became effective in Illinois on January 1, 2010 concerning the right to possess firearms when subject to an order of protection. The new law provides that the Illinois State Police shall revoke the Firearm Owner’s Identification (FOID) card of a person who is named as a respondent in an order of protection. […]

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