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Recent Blog Posts

How Illinois Plea Agreements Can Muddy Double Jeopardy Laws

 Posted on December 13, 2024 in Criminal Defense

IL defense lawyerRecently, the Illinois Supreme Court overturned a high-profile actor’s conviction, ruling he had been subjected to double jeopardy. The actor was originally charged with falsely reporting a hoax hate crime in 2019, subsequently entering into a non-prosecution agreement. Then, in 2022, he was sentenced to 150 days in jail and 30 months of probation after being found guilty of felony disorderly conduct by a special prosecutor.

The Illinois Supreme Court found that the case was subject to the double jeopardy clause and that the actor’s agreement with the State’s Attorney’s Office should have been honored. The Court further noted that re-filing charges after overturning non-prosecution agreements in criminal offense cases would result in "terrible policy consequences." The actor’s attorney praised the decision, saying the ruling upheld the responsibility of prosecutors across the nation to honor the agreements it makes with defendants.

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What Is the Difference Between Burglary and Home Invasion?

 Posted on November 15, 2024 in Theft

IL defense lawyerBurglary and home invasion are two very serious crimes in Illinois punishable with prison time and hefty fines. Although they both involve unlawful entry, they each have significant differences. It is important to understand these differences if you or someone you know is facing a burglary or home invasion charge. If you have questions about these two offenses and how charges can affect you, speak with an Illinois criminal defense attorney.

What Is Burglary?

Burglary is when a person breaks into someone else’s property with the intent to commit theft or any kind of felony. This offense contains two elements:

  • There must be unlawful entry to someone’s property, whether it be a house, car, boat, train, plane, trailer, or building.
  • There must be intent to commit a felony.

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What Are the Consequences of Child Endangerment in Illinois?

 Posted on October 24, 2024 in Criminal Defense

IL defense lawyerChild endangerment is when a person places the life or health of a child under 18 in danger or at risk. It is a serious crime in Illinois that can be treated as a misdemeanor or felony depending on the circumstances. A child endangerment offense not only carries serious criminal penalties but can also involve legal consequences beyond prison time and fines. This article will discuss those consequences and what constitutes child endangerment. If you have any questions about a child endangerment charge or if you need assistance with a particular case, contact an Illinois criminal defense attorney today.

What Is Considered Child Endangerment in Illinois?

Illinois law defines child endangerment as endangering the life or health of a child under 18 or placing the child in a situation that puts him or her in harm’s way. This is a fairly broad definition, so courts often determine child endangerment on a case-by-case basis. Still, there are certain scenarios that a reasonable person would know pose a danger to a child. Bringing a child into a drug den, for example, presents a clear risk to the child’s health.

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Illinois Man Pleads Guilty to Fatal Accident Caused by BUI

 Posted on September 23, 2024 in Criminal Defense

Chicago, IL Criminal Defense LawyerLast month, an Illinois man pled guilty to Boating Under the Influence (BUI) regarding a 2021 fatal accident at Lake of the Ozarks. Authorities say the man had a blood alcohol level of 0.187 percent a full three hours after the accident. According to witnesses, a 21-year-old on the boat driven by the defendant was ejected as the boat jumped waves at a high speed. The young man’s body was later recovered. The judge in this case suspended the imposition of the sentence, which means that if all the terms of probation are successfully completed, the defendant will not have a felony on his record.

According to the U.S. Coast Guard, alcohol is the leading known contributing factor in boating fatalities, accounting for 17 percent of those fatalities in 2023. Other common causes of boating accidents include operator inattention or inexperience, excessive speed, machinery failure, and improper lookout. Of course, nobody should get hurt while having a fun time on a boat. That being said, there are times when local law enforcement can be overzealous in charging BUI or may have the facts of what really happened wrong. If you find yourself facing BUI charges in the state, it is important that you speak to an experienced Chicago, IL BUI attorney from Luisi Legal Group.

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How Can I Defend Against a Consumer Fraud Charge?

 Posted on August 15, 2024 in Criminal Defense

IL defense lawyerBeing charged with consumer fraud can be a frightening experience. Not only is it a criminal charge that carries serious penalties, but it can ruin the reputation of a business. Understanding the different defenses for a consumer fraud accusation is an important start toward protecting your business and your rights. If you are facing a consumer fraud charge, hire an experienced Illinois consumer fraud defense attorney to manage your defense.

What Is Consumer Fraud?

Consumer fraud means acting deceptively or unfairly toward consumers in the course of business. The Illinois Deceptive Practices and Consumer Fraud Act forbids individuals and companies from engaging in fraudulent activity that can harm consumers, such as making misleading statements about products or charging illegal fees.

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Theory of Accountability and Domestic Abuse Survivors

 Posted on July 12, 2024 in Criminal Defense

IL defense lawyerA little-known law in Illinois allows people to be punished for the criminal acts of another if they were present at the scene. Those who are especially vulnerable to the effects of this law are survivors of domestic violence. The story of a woman who has been in an Illinois prison since 1993 for murders committed by her boyfriend–despite a vigorous criminal defense–illustrates this point.  

The young woman met her boyfriend when she was 17 and he was 35. The boyfriend told her that he was a truck driver, but she would find out months into the relationship that he was actually a drug dealer. One day, the young woman was forced by her boyfriend to go with him to a rival dealer’s home who supposedly owed him money.  Things went sideways, and the boyfriend killed the dealer, along with the dealer’s wife and baby. Years of physical abuse convinced the young woman that she would also be killed as her boyfriend forced her at gunpoint to place jewelry and money into a bag.

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Common Mistakes When Defending Against Drug Crime Charges

 Posted on June 12, 2024 in Drugs and Narcotics

IL defense lawyerDefending against drug crime charges can be quite difficult. An Illinois lawyer can explain how mistakes can easily jeopardize a case. Learning some of the most common pitfalls in drug crime defense and actionable tips to help you navigate this challenging situation is helpful.

Failing to Understand the Charges

One of the most critical mistakes in drug crime defense is not fully comprehending the specific charges against you. Illinois law distinguishes between various drug offenses, such as possession, distribution, trafficking, and manufacturing. Each charge carries its own set of penalties and legal implications. Take the time to thoroughly review and understand the accusations with your attorney. This knowledge will form the foundation of your defense strategy.

Underestimating the Consequences

Drug crimes in Illinois carry severe consequences, ranging from hefty fines to lengthy prison sentences. Do not underestimate the potential impact a conviction can have on your life. Even seemingly minor charges can lead to a criminal record that affects your employment prospects, housing options, and personal relationships. Approach your case with the seriousness it deserves and work closely with your lawyer to explore all available options for minimizing the consequences.

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Shoplifting Accusations in Illinois

 Posted on May 06, 2024 in Theft

IL defense lawyerBeing charged with shoplifting, otherwise known as retail theft, can have serious criminal consequences in Illinois. Beyond the actual sentencing and punishment you receive, you could be haunted by the charge for years to come. You may face challenges when applying for college, housing, and jobs and potential romantic interests might decide to stay away. If you are charged with retail theft, a skilled Cook County, IL divorce lawyer can review your case and create a defense plan to protect your legal rights.

How is Retail Theft Penalized?

If you are charged with retail theft, your sentence will depend on the value of what was stolen or what you attempted to steal.

  • Stealing anything worth up to $300 is generally charged as a Class A misdemeanor. The maximum sentence for this charge is one year in jail and up to a $2,500 fine.

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Consequences of Driving with a Suspended License in Illinois

 Posted on April 18, 2024 in Criminal Defense

IL defense lawyerThere are many reasons why you might end up with a suspended driver’s license. Some reasons are more administrative, like failure to pay some fine, while others are related to some risk that your actions allegedly posed to other drivers. When that happens, you are not supposed to drive until you have resolved whatever the issue is to the court’s satisfaction, at which point you might get your license reinstated. If you are caught driving on a suspended license, you can face severe punishment. If your license was suspended and you are considering driving anyway, you might want to understand what consequences you might face if you get caught. This article will offer an overview, and a knowledgeable Chicago, IL criminal defense lawyer can answer your questions.

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What You Need to Know About Possession of Drug Paraphernalia Laws in Illinois

 Posted on March 19, 2024 in Drugs and Narcotics

Cook County, IL drug crimes defense lawyerDrug paraphernalia laws in Illinois regulate the possession, sale, and distribution of items used for using or selling illegal drugs. It is important to be aware of the implications of violating these laws to avoid potential legal consequences. If you are facing charges related to the possession of drug paraphernalia, hiring an attorney who understands the criminal justice system is an important first step toward fighting the charges.

Since 2000, Luisi Legal Group has provided aggressive legal assistance to people facing criminal charges in Illinois. Mr. Luisi defends his clients in court every day and has a reputation for helping his clients get their charges reduced or dropped altogether. 

What Constitutes Drug Paraphernalia in Illinois? 

Drug paraphernalia includes things used to hide, sell, make, or use controlled substances. This includes but is not limited to:

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