As a general rule, Illinois employers cannot discriminate against current or prospective employees simply because an employee has a conviction record. However, an employer can take adverse action against an employee or applicant if the worker’s conviction is substantially related to his job duties or if a particular conviction legally disqualifies him from working in certain positions. People with criminal convictions who are able to maintain gainful employment have a much lower chance of being re-arrested than people who are unable to find work. Illinois’s law seeks to balance the need for people with past convictions to work with the
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Family Fights and Domestic Violence Charges
When you hear the term “domestic violence,” you probably think of intimate partner violence. Domestic violence is commonly used to mean violence between two people who are in a romantic relationship. However, under Illinois criminal law, domestic violence can refer to violence between any two people who have a domestic relationship of any kind. This includes people who have a family relationship, such as parents and children, siblings, or cousins. It also includes people you are related to by marriage – your in-laws. Most families experience conflict sometimes. Occasionally, family conflict can reach a boiling point and…
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What is the Most Common Outcome of a DUI Conviction?
Driving under the influence (DUI) is a serious offense in Illinois. A DUI conviction can lead to serious consequences, although each case is different and your outcome will depend on several factors.
Understanding the most common outcomes of a DUI conviction can help you prepare and make smart decisions if you are facing charges, and an Illinois DUI defense attorney can help.
First-Time DUI Convictions
For most people, a first-time DUI is a misdemeanor offense. A misdemeanor is a less serious crime compared to a felony, but it still carries penalties that can affect your life in important ways.
If…
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Will I Go to Jail for a Home Invasion Conviction?
Home invasion is one of the most serious criminal charges in Illinois, carrying severe penalties, including mandatory prison sentences. If you have been charged with home invasion, you need to understand what you are up against and get the help of an aggressive Illinois criminal defense attorney who can help you fight the charges.
What Exactly is Home Invasion in Illinois?
According to Illinois law, home invasion is when someone unlawfully enters or remains in another person’s home while knowing, or having reason to know, that someone is there. To be considered a home invasion, the suspect must do certain…
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How is Reckless Homicide Punished in Illinois?
Reckless homicide is a serious criminal offense in Illinois. It occurs when someone unintentionally causes the death of another person by acting in a risky, careless manner. Unlike intentional crimes like murder, reckless homicide does not require a specific intent to kill. Instead, it involves behavior that shows a disregard for the risk of causing serious harm or death. An Illinois criminal defense attorney is the best person to talk to if you are worried you may be facing a reckless homicide charge.
What is Reckless Homicide in Illinois?
In Illinois, reckless homicide is defined as unintentionally causing another person’s…
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What is Jail Like?
For many, the thought of going to jail is intimidating and uncertain. While no one plans to end up behind bars, understanding what life in jail is like can help clear up some of the uncertainty and highlight why avoiding jail whenever possible is so important. From the daily routines to the challenges of being in such a small space for a long time, jail is a difficult environment. However, with the help of a skilled Illinois criminal defense attorney, you can explore legal options to minimize or avoid jail time altogether.
What Is a Day in Jail Like?
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Dos and Don’ts of Fighting a Criminal Charge in Illinois
If you have been formally accused of a crime in Illinois, it might feel like your world is falling apart. You could have serious worries about your future and the impact on your family, your employment, and your financial situation. But when this happens and you feel powerless, that is precisely when your actions matter the most.
The steps you take after a criminal charge can be a deciding factor in a sentence. After an arrest or criminal charge, you should contact an Arlington Heights, IL criminal defense attorney who can represent your best interests and protect your rights.
DO:…
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How Serious is a Carjacking Charge in Illinois?
Carjacking is a violent crime that comes with serious penalties on a conviction. With multiple sources reporting that carjackings are on the rise, you may be curious to know how the state of Illinois litigates these crimes.
If you have been accused of carjacking or another violent crime in Arlington Heights, a skilled criminal defense lawyer can provide counsel and represent you in court, making a compelling case to have the charges against you reduced or dropped. The attorney at Scott F. Anderson, Attorney at Law has over two decades of experience in criminal law, and he knows what…
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What Happens in DUI Cases for Drivers Under 21?
In many cases, you would expect the law to be more lenient with younger people and teenagers, and that is often true. However, a charge of driving under the influence when the driver is younger than 21 in Illinois can come with surprisingly harsh penalties, precisely because authorities want to discourage unsafe driving practices. A skilled Arlington Heights, IL DUI defense attorney will advocate on your behalf in front of a judge and prosecutor, negotiating to have your conviction reduced or dropped.
The Zero Tolerance Law in Illinois
In DUI cases, most drivers have to blow at or above .08%…
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Should I Submit to Court Supervision in a DUI?
Being charged with driving under the influence (DUI) is serious, and if you are convicted, you can face harsh repercussions, including potential jail time, high fines, and license suspension. One possible strategy for defending against this charge is to request court supervision, which offers an alternative to a conviction and a permanent criminal record. However, there is no guarantee that the judge will award you court supervision, and in some cases, it may not be your best option. An Illinois criminal defense lawyer can help you understand your options as you navigate DUI charges.
What is Court Supervision?
An order…
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When Is It a Good Idea to Take a Plea Deal?
Facing criminal charges can be scary and intimidating, and many people wonder if they should consider a plea deal. In Illinois, prosecutors often offer plea deals as a way to resolve cases without going to trial. However, deciding whether to accept a plea deal can have serious consequences, and making the best choice depends on the specific circumstances of the case. For drug-related charges especially, such as drug manufacturing or possession, having an experienced Illinois criminal defense attorney can help negotiate favorable terms — or advise when a trial may be a better option.
Why Do Prosecutors Offer Plea Deals?
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Can the Police Search Your Car During a DUI Arrest?
If you are pulled over and arrested for driving under the influence (DUI) in Illinois, you may be wondering whether the police have the right to search your car. Understanding your rights during a DUI arrest is important, especially when it comes to vehicle searches. Having the best Illinois criminal defense attorney on your side is essential for getting the best outcome, and the Scott F. Anderson, Attorney at Law is here to help.
DUI Penalties in Illinois
Driving under the influence is a serious offense in Illinois, with strict penalties for those convicted. A first-time DUI conviction can result…
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The Most Serious Traffic Violations in Illinois
Traffic violations can range from minor infractions, like rolling through a stop sign, to serious offenses that carry heavy penalties. In Illinois, particularly in places like Rolling Meadows, some traffic violations are treated as criminal offenses.
These serious violations can lead to hefty fines, license suspension, and even jail time. If you are facing charges for a major traffic violation, understanding the laws and penalties can help you take the right steps to defend yourself, and our Illinois traffic ticket defense attorney can help.
DUI (Driving Under the Influence)
One of the most serious traffic violations in Illinois is driving …
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Can I Get a DUI if Someone Reports Me for Drunk Driving?
Yes, if someone calls the police to report you for drunk driving, you can get charged with a DUI. When a report is made, law enforcement may come to investigate, and if they find you driving under the influence, you could be arrested and charged.
Even if you have already arrived home, police officers can use witness statements, video evidence, or even your own actions as evidence against you. It is essential to understand that once a report is made, the police have a duty to investigate, and if they find enough evidence, they will pursue a DUI charge.
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How Does Illinois Define Consent for Sexual Offense Cases?
Consent plays a central role in many sexual offense cases and is often the key difference between an intimate encounter and a sex crime. In criminal defense, proving there was consent can lead to the dismissal of sex offense charges such as rape, sexual abuse, sexual battery, or sexual assault.
But how does Illinois law define consent? In this article, we will explore what is considered consent in the State of Illinois and when it becomes the determining factor between a lawful sexual encounter and a sex crime. If you or someone you know has been accused of a…
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How Does Illegal Search and Seizure Affect a Drug Charge?
The Fourth Amendment to the U.S. Constitution guarantees protection for Americans against “unlawful search and seizures” by the government. It is because of this amendment that law enforcement is often required to obtain a warrant before searching someone’s home, car, or personal effects.
By law, evidence obtained through an illegal search and seizure is not admissible in court. There are exceptions to this rule, but a Four Amendment defense can lead to charges being reduced or dismissed. Challenging the legality of a police officer’s method of obtaining evidence has been a strong defense against murder charges, drug charges, DUI…
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