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Adult Versus Juvenile Expungement
For first-time criminal offenders, having a record expunged following a criminal arrest can make a huge difference in the overall outcome of the arrest experience. Expungement is essentially the erasing of criminal arrests or charges from one’s record. A cleared record offers a multitude of benefits for the offender, the first being the lifted burden of having a fresh start in terms of present and future employment opportunities.
While erasing arrest details from a criminal record cannot undo the hassle or unfortunate stigma you incur from being accused of a crime, it can at least offer a ray of hope for first-time offenders who wish to possess a clean record for current and potential employers. Both juveniles and adults may have their criminal records expunged, although the proceedings differ. Here are three factors that separate adult expungement from juvenile expungement:
Differing Justice Systems
DUI Aftermath: What Happens after You Fail a Breathalyzer Test?
Being pulled over for suspicion of driving under the influence is an unnerving experience regardless of the circumstances. When collision damage or injury is involved, the driver faces even greater challenges in a court of law, as penalties for DUI are often both strict and severe. Merely being pulled over for the suspicion of operating a vehicle under the influence is enough to cause a stir, but the moment you decide to comply with an officer’s request to submit to a breathalyzer test and fail, the situation automatically goes from bad to much worse.
Consequences Following a Failed Test
Any failed breathalyzer test indicates the driver’s BAC was .08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver’s system.The consequences following a failed breathalyzer can vary depending on the convictions surrounding your arrest, but the initial damage for a first offense includes an immediate statutory suspension of driving privileges for a minimum of six months. For a second or subsequent offense within a five-year period, a failed breathalyzer test will earn you a suspension of driving privileges for one year.
Burglary or Robbery Charges? How the Two Crimes Differ
When discussing the subject of the various forms of theft, it is very common to hear the terms robbery and burglary used interchangeably. Many times, someone will say they were “robbed” when a thief broke into their home or vehicle and stole their personal belongings. While burglary and robbery are related in the sense that both acts typically revolve around specific theft acts, they are in fact different charges and can mean different things, depending on the intentions surrounding such acts.
Burglary vs. Robbery
There are a number of differentiating factors that separate burglary charges from robbery charges, but one of the most distinct differences between the two is the issue of theft. On its own, theft is the act of taking someone’s property without their consent, while robbery is taking such property with threatening force. Whereas robbery is officially defined as the intentional, conscious, and reckless seizing of property from another individual by use of threatening force, burglary refers to the unauthorized entry of a premise of some sort, with the intent to commit a number of offenses - not just robbery.
Internet Fraud Crimes and Consequences for Offenders
Although internet fraud crimes may be common, they are never trivial for the person facing charges. While it is true that a majority of internet fraud offenses happen every day, the consequences of committing such crimes are far-reaching and often life changing for the offender. A criminal investigation can be a drawn-out and invasive process, with long-lasting negative effects on the offender’s record and their reputation. These federal white collar crimes are a double-edged sword: They hurt the victim and the offender, causing a series of trouble for everyone involved.
Common Internet Fraud Crimes
There are a number of internet-related fraudulent activities that result in criminal charges, but the FBI reports there are certain categories of fraud that rank among the most damaging and the most consistent across the nation. Some of the most common forms of internet fraud we see wreaking havoc on our personal and corporate identities include the following:
Five Common Questions about the Expungement Process in Illinois
Being charged with a misdemeanor or felony impacts nearly every aspect of your life. The moment these charges are placed on your public record, the ability to acquire a new job or even keep an existing one can become a challenge, and that’s just the tip of the iceberg. Your credibility and reputation are on the line, placing a lot at stake as you work to move forward after your arrest. This is where petitioning for an expungement comes in. The process is a helpful one, but obtaining an expungement order in Illinois can be difficult to accomplish unless done so under certain circumstances.
Knowing Where You Stand
Expungement laws vary from state to state and there are certain time restraints on obtaining an expungement order in the state of Illinois, why is why it is important to know as soon as possible if you qualify for a petition. Here are five of the most common questions offenders typically have regarding the expungement process:
Range of Penalties for DUI Convictions in Illinois
Whether you have been pulled over for suspicion of driving under the influence and feel you have been falsely accused or have in fact been operating under the influence, facing any potential criminal charges for DUI can be downright overwhelming.
Often, one of the biggest sources of anxiety when facing these allegations stems from being unsure of how to proceed when pulled over, how to protect your rights, or from simply being unfamiliar with what to expect should you be convicted. While all DUI penalties equate to serious consequence, there are a number of factors that may impact the severity of your penalties.
Circumstantial Factors
Some key circumstantial factors that may affect the outcome of a DUI penalty can include everything from the offender’s age, their BAC level, and whether or not they were transporting a child under the age of sixteen at the time of the offense. Additionally, if the driver has previous DUI convictions on their record, the specifics of subsequent penalties may vary. For example, multiple DUI offenses can result in a felony charge and a more serious, lengthy jail sentence in an Illinois state prison.
White Collar Crime in Illinois
Most everybody has heard the term “white collar crime” before, but not everyone understands what it means. There are a wide variety of criminal activities that fall into the category of white collar crime, most of which involve the theft of data and financial assets to be used for personal gain. In many cases, the criminal does not even come into contact with their victim, and many victims of white collar crime report being unaware the offense was happening at all. White collar crime is very serious, and anyone facing charges related to a white collar crime should seek the help of a qualified criminal defense attorney.
Common White Collar Crimes
Many different crimes fall under the white collar umbrella. These types of crimes often occur in business or professional settings, leading to the name “white collar.” Common crimes that are considered white collar include:
False Domestic Abuse Allegations: Common Risks and How to Protect Yourself from Potential Criminal Charges
In the United States, a woman is beaten every fifteen seconds, and at least ninety-five percent of all domestic violence cases involve a man beating a woman. With statistics like these, it is no wonder that the law takes domestic abuse seriously. Criminal domestic violence allegations are capable of affecting a person’s livelihood, reputation, and emotional wellbeing, and sadly, there are times when a number of these allegations are a result of misleading - or entirely false - reports by the other domestic partner.
Men More at Risk for Facing Domestic Violence Charges
While men also fall victim to abuse, statistics illuminate the overwhelming reality that women are typically the ones to be abused in relationships. Due to this trend and the statistics that consistently back it up, a significant amount of men who are truly innocent of such offenses often find themselves up against serious criminal charges when allegations are brought against them.
Understanding Probation in Illinois
Are you facing criminal charges in Illinois? Depending on the severity of the crime you are accused of committing, you may be eligible for probation instead of facing jail time. A qualified Illinois criminal defense attorney can review the charges you are facing and advise you if you may be allowed probation over a harsher sentence. What does probation entail, and who is eligible? Below, we explore important facts about probation in Illinois.
What Is Probation?
Probation offers criminal offenders significantly more freedom while serving their sentences. The offender is able to serve their sentence while living in their community but under the close watch of their probation officer. Those on probation must follow certain terms set by the court and the individual's actions are observed closely. Probation can be offered immediately after being found guilty, or it can be a portion of a larger sentence including jail time.
Sentencing lengths for probation depend on the severity of the crime committed. Most probation sentences range from one to three years, though sentences can be shorter or longer depending on the case.
As said earlier, not every offense is eligible for probation. If an offender has committed a minor crime and has never been convicted before, they may be sentenced to probation instead of jail time. Probation is still considered a conviction and will be listed on your record, but it is a nicer alternative to prison.
Probation Terms
When sentenced to probation, each offender is given specific terms that they must meet at all times. While specific terms are set on a case by case basis, some common terms of probation include:
- Reporting on a regular basis to a probation officer;
Illinois Felony Punishment Breakdown
Are you facing felony charges? A felony crime is any crime that is punishable by either the death penalty or at least one year in an Illinois state prison. Misdemeanor charges, on the other hand, include a prison sentence of a year or less, depending on the severity. If you are facing felony charges, it is important that you consult an experienced criminal defense attorney. With prison time and hefty fines on the line, a guilty verdict can be life changing.
In Illinois, felonies are categorized based on the severity of the crime committed. In general, the less serious the crime is, the less severe the punishment is likely to be. Felonies are broken into five categories - Class 1 through 4 felonies, followed by Class X, which consists of the most severe crimes one can commit aside from first-degree murder.
If you are facing felony charges, an experienced criminal defense attorney can help determine which class of felony you are being charged with and can help you build as best a defense as possible. Below, we break down the punishments associated with each class of felony in Illinois.
Class 4 Felony
The least serious felony charges one can face are Class 4 Felony charges. Examples include stalking and aggravated assault. Being the least serious of all the felony classes in Illinois, Class 4 felony punishments are a fine of up to $25,000 and between one and three years in jail.
Class 3 Felony
Class 3 Felonies are a step up from Class 4 and thus carry harsher sentences. Aggravated battery, for example, is a Class 4 felony, and anyone found guilty of committing a Class 4 felony will face between two to five years in a state prison as well as fines of up to $25,000.
Class 2 Felony
Class 2 Felonies, arson, for example, are very serious. Sentences range from three to seven years in prison as well as fines of up to $25,000.
Class 1 Felony
Class 1 Felonies include heroin and cocaine possession, as well as other very serious crimes such as criminal sexual assault. The punishment, if found guilty, ranges from four to 15 years in prison and fines of up to $25,000.
Class X Felony
Class X Felonies are the most serious of all felony charges in Illinois. If found guilty, those who have committed Class X felonies face between six to 30 years in state prison as well as fines up to $25,000.
Extended Terms in Illinois
In some cases, a judge may determine that extended sentencing is necessary, and may sentence those found guilty of committing a felony to more than the typical prison time associated with the class of felony. Aggravating factors must be present for a judge to add extended terms. For example, a past criminal history, or being involved in a hate crime, would both warrant potential extended terms. Even a Class 4 felony, which is usually punishable by one to three years in prison, can be extended to up to six years spent incarcerated if aggravating factors are present. At the top of the list, a Class X felony with extended terms can be punishable by up to 60 years of incarceration.
Facing Charges?
Are you facing felony charges? A felony of any class can be life changing, so it is important that you consult with an experienced Illinois criminal defense attorney who can help build a strong defense. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our team has years of success defending clients from a variety of charges. Attorney Garfinkel himself is a former prosecutor who understands the Illinois legal system. Call 312-629-0669 today to set up a free consultation with us to review your case.
120 N LaSalle St, Suite 2600,
Chicago, IL 60602
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312-629-0669
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Chicago, IL 60602312-629-0669
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