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Domestic violence continues to be a topic that is difficult for many people to talk about, which works in favor of the accused if the person making such allegations chooses not to spread potentially inaccurate details. However, when an accusation is made public, the ramifications can be life-altering and can potentially devastate the future. When an individual under suspicion is falsely accused of domestic violence and an order of protection is enacted, it can become difficult to resolve the situation on your own.
What Is an Order of Protection?
An order of protection is a civil injunction that provides protection to a victim of domestic violence to protect themselves and any children from further harm. According to the Illinois Domestic Violence Act, domestic violence is comprised of:
When someone is thought to be shoplifting, there are a variety of officials that may become involved. In a mall or retail store setting, the first-responders typically include store employees, store management, and any security officers retained by the establishment. After they have the suspicious person detained, the local police officers then become involved. Just as with police making an arrest, personnel must complete a series of actions before creating a case.
Before Detaining a Suspect
It is important to understand your rights if you are being detained by store personnel or a security officer for shoplifting. Often, these employees overstep their authority, typically either out of their ignorance of what they can do legally or because they are relying on your naiveté of the situation. If they detain a suspect without probable cause, they are opening themselves up for false arrest claims. Therefore, before apprehending anyone, they must:
The latest fad of today is Pokémon Go. The smartphone app was anticipated for years, and, within 24 hours of its launch, millions of Americans were out of their houses and into the streets trying to “catch ‘em all.” The game is simply a phenomenon, and all players are discovering new ingenious ideas on how to capture more pocket monsters. Some have even been playing the game while behind the wheel, resulting in distracted driving.
“Stay Aware of Your Surroundings”
As the game loads on your device, there is a charming picture of a Pokémon jumping at an unsuspecting trainer, reminding you, “Remember to be alert at all times. Stay aware of your surroundings.” Recent updates to the game even remind users not to play while driving.
The creators intentionally put these warnings in as a way to remind players to use the game carefully. There are a growing number of daily incidents of players injuring themselves or those around them, as well as some players even risking death as a result of poor decisions. Therefore, it stands to reason that with the growing popularity of the game, the applicable laws must again be explored.
Life as a teenager is confusing and complicated. Teens endure college entrance exams, part-time jobs, high school, and constant pressure to fit in. On the journey to finding who they are as individuals, they make a lot of mistakes along the way.
One common mistake that many teenagers make is obtaining and using a fake ID to avoid underage drinking laws. Unfortunately, such a decision can be harshly life altering.
Can a Bouncer Really Spot a Fake?
Bouncers can and do catch teens with fake IDs. With hundreds of licenses handled on a daily basis, it becomes second nature to them to find one that does not match the others. A few signals that are red flags for any seasoned door person are:
Over the years, there has been a gradual shift in the method consumers use to make their payments. In the beginning, the only option was cash, followed by a shift to checks for the added security of the money that people had. In more recent years, there has been a transition to debit and credit cards as the primary payment option. Still, checks are used as a form of payment for many and also in bill pay options. Occasionally, an automatic check payment is mailed directly from the bank.
As a payment is scheduled in advance, the account owner may potentially forget that a deduction will occur and by the time the check is withdrawn from the account, there is simply not enough money to cover the funds requested. If this happens even once, the bank will sometimes make the payment and charge additional fees for the inconvenience. Although, consistently writing bad checks can result in significant legal trouble.
Speeding, no matter how far over the speed limit, is illegal. The reasoning for this is because it puts lives in danger, including your own. Punishments have the potential of being harsh, especially without the right representation. However, if you are charged with speeding in a speed restricted area, such as a construction zone, punishments are exponentially more severe.
What are Speed Restricted Zones?
In all technicalities, it is illegal to speed anywhere, especially as Illinois enforces an “absolute” speed limit law. This law, in short, says that it is illegal to operate a vehicle at a speed over the legal limit by even one mile per hour (MPH). There are a few key areas where the danger of injuring someone is higher. In these locations, law enforcement officials, as well as lawmakers, have agreed that punishments should be more severe to dissuade motorists from driving more than the posted speed limit. These specific areas include construction zones and school zones.
There are a variety of ways that any court situation can come to a close. Ultimately, a typical verdict of "guilty" or "not guilty" will be issued at the end of a criminal court proceeding. However, other various defense mechanisms may be used in court if a client is unfit for trial. In some violent crime cases, a defense of "not guilty by reason of insanity" or finding someone "incompetent to stand trial" may be applicable to use in court. Although either may be useful given the right circumstances, they are not to be used interchangeably.
Incompetent to Stand Trial
To be considered competent, an individual must have the certain skills and abilities necessary to complete a task. With regards to a trial situation, competency is determined by the court. It is a matter of legal fact that is decided before a trial begins. A few of the prerequisites to be considered competent to stand trial include:
It is popularly suggested that drivers suspected of driving under the influence submit to field sobriety testing in order to avoid a DUI charge. While there may be several reasons why one should avoid these tests in many other states, the state of Illinois has enacted steps to “persuade” drivers to do so. In most cases, refusal would not be in one's favor. However, with the most commonly used form of sobriety tests, the breathalyzer, it is important to understand that the technology has many downfalls.
Laws to Prevent Refusal
The state of Illinois is an “implied consent” state. This ultimately means that in return for driving permissions, if you are arrested for DUI and the arresting officer had probable cause for the arrest, then you are consenting to a chemical test of your blood alcohol content (BAC). This can be in the form of blood, breath or urine.
During a traffic stop, you cooperate with the officers who pulled you over. You answer every question asked to the best of your knowledge and even allow the officers to check your vehicle—you know that nothing is there. Yet, the officers find something in your car that shocks you, because you have never touched anything like it. You know others who do, however, and somehow the remanence was discovered in your vehicle. Now, the officers are pointing all fingers at the driver, which in this case, is you. You currently face drug possession charges and are at a loss for words because the police did not believe you. Therefore, why would a judge?
Illinois Possession Laws
Notorious for strict punishments in general, Illinois drug possession consequences are no different. Therefore, it is of the utmost importance to understand each law in its entirety. The majority of laws pertaining to possession in Illinois (Cannibis Control Act, Illinois Controlled Substance Act, and even weapons laws), all have one factor in common: the person charged must “knowingly possess” the item.
If you have a criminal record, or even a simple arrest, it may be holding you back from your life goals. You may be ineligible for a job that you would like or you may have been denied access to a rental or mortgage agreement. If you are having difficulties in everyday life due to what is being seen on your public criminal record, you may consider expunging or sealing your records.
Step by Step
The expunging and sealing laws were created in order to make clearing a record accessible to the public. Therefore, so long as you qualify based on the description previously discussed in part one of this series, and you follow the guidelines, you should not have many troubles in getting your case expunged. The steps are as follows:
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