A sex crimes charge can permanently brand the accused as a “sex offender” in the eyes of the law and the public. One factor to keep in mind is not all sex crimes involve physical assault. For example, if a person “engages in a sexual act” in the “presence or virtual presence” of a child, he or she may be charged with “sexual exploitation.” This is a misdemeanor for a first offense but a felony if the defendant has any prior sex crimes conviction.

Ex-Wife’s Testimony Used to Convict Defendant

In pursuing a sex crimes case, Illinois prosecutors will not hesitate to introduce any evidence designed to make the defendant look as bad as possible to the jury. Judges are supposed to keep unduly “prejudicial” evidence away from the jury, but prosecutors still have quite a bit of leeway in making their case. This includes allowing evidence that supposedly proves a defendant’s motive or intent.

Consider a recent criminal case from northern Illinois. The state accused the defendant of sexual exploitation of a child. Specifically, prosecutors said the defendant “engaged in oral sex and sexual intercourse with his girlfriend in front of his son in an attempt to teach his son about sex.”

At trial, prosecutors called the defendant’s ex-wife as a witness. She testified that while still married to the defendant several years earlier, he proposed “demonstrating” sex for their son in lieu of having a more traditional “sex talk” with him at the appropriate age. The defendant argued this testimony should not be admitted because it was “irrelevant” and would unduly prejudice the jury against him.

The judge disagreed and let the jury hear the testimony. The jury convicted the defendant of two counts of sexual exploitation. The judge sentenced the defendant to probation, which under Illinois law still requires him to register as a sex offender for the next 10 years.

The defendant appealed, citing what he considered the improper admission of his ex-wife’s testimony. Still, the Illinois Third District Appellate Court found nothing wrong and affirmed the conviction. The court explained that even though several years had passed between the conversations described by the ex-wife and the events leading to the defendant’s arrest, her testimony was still relevant to establishing the defendant’s “mental state.”

Basically, the court said the testimony was admissible largely because it was limited to the “factual similarities” between what the defendant proposed to his ex-wife–having intercourse in front of their son to teach him about sex, and what he was actually accused of doing. Had the ex-wife simply testified that the defendant was a “bad person deserving punishment,” that would not have been admissible.

Have You Been Charged With an Illinois Sex Crime?

The defendant also argued, unsuccessfully, that it was unfair to use his prior speech (as opposed to conduct) against him. But, as the appeals court noted, treating speech as evidence is common in sex crimes cases, such as when someone solicits another person for sex (i.e., prostitution).

The lesson here is that everything matters when it comes to a sex crime charge. Even statements made years earlier to a loved one may one day turn you into a criminal. This is why, if you are facing a sex crimes charge, it is imperative you work with an experienced Orland Park criminal defense attorney who will fight for your rights. Contact the Fotopoulos Law Office if you need immediate legal assistance.

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Illinois Compiled Statutes

Most people have heard of workers’ compensation. All employers in the state of Illinois are required to carry workers’ compensation insurance that helps take care of employees if they are injured on the job. However, accidents are not the only way you can be eligible for workers’ compensation benefits. In some circumstances, you can also file a claim under the Illinois Workers’ Occupational Diseases Act if you have contracted an illness or have become sick as a result of your work environment.

What Diseases Qualify for a Claim?

There are a variety of situations in which you may be eligible to claim compensation through the Illinois Workers’ Occupational Disease Act. However, there are no specific diseases or conditions listed that qualify. Rather, the Act states that any employee is eligible if they suffer disablement, impairment, disfigurement, or death and such injury is caused by a disease, “arising out of and in the course of his or her employment.” The Act also states that any pre-existing condition that is aggravated because of a person’s employment may also be covered. Common diseases and illnesses that may be covered under the Act can include:

• Asthma
• Hearing loss
• HIV
• Tuberculosis
• Reproductive disorders
• Dermatitis

What Benefits Can be Recovered?

If a person is suffering from an occupational disease, they must file their claim within a specific period of time in order for it to be valid. In most cases, a claim must be filed within two years from the last day that the employee was exposed to the condition that caused the illness. If the claim is found to be valid, the employee or his or her family members can claim benefits that may or may not include:

• Medical care
• Surgical benefits
• Hospital and rehabilitative care
• Financial compensation
• Burial costs

Speak With a Joliet, IL, Workers’ Compensation Attorney Today

Some work environments can pose a serious risk to workers’ health. If you believe you have gotten sick or developed an illness because of your job, you should speak with a skilled Will County workers’ compensation lawyer as soon as possible. At the Fotopoulos Law Office, we know how debilitating an occupational disease can be. Our team can help you pursue a claim for many different types of diseases or injuries you may be suffering from. To schedule a free consultation, call our office today at 708-942-8400.

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Illinois Compiled Statutes

When it comes to criminal laws and punishments, each state creates its own. When it comes to driving under the influence, the legal BAC limit for almost all states is 0.08 (Utah recently lowered its limit to 0.05), but the consequences of breaking that law differ greatly between states. Some states, like South Dakota, have no minimum jail sentence or fines for first or second-time DUI offenders. Illinois has some of the strictest DUI laws in the country, with a first offense resulting in an administrative driver’s license suspension, fines and possible jail time.

Defense Strategies

Being accused of driving while under the influence of drugs or alcohol is a very serious matter. Even if you are not convicted, you can face a driver’s license suspension and the arrest may appear on your criminal record during a background search. It is crucial that you have help from an experienced DUI defense attorney if you are facing DUI charges. Your attorney will be able to examine your situation and determine what the best defense strategy would be for your case. Common defenses to DUI charges include:

• You Were Not Read Your Miranda Rights: Since the Miranda v. Arizona decision in the U.S. Supreme Court, every American citizen must be read their constitutional rights before they are questioned by police. These rights include your right to remain silent and your right to not speak until you have talked to an attorney. If you did not have your rights read to you before you answered questions or your rights were not completely read, your attorney can use this as a defense to bar evidence from after your arrest.
  
• You Were Unlawfully Pulled Over: Police cannot just pull you over for no reason – they have to have what is called “reasonable suspicion,” which means they must have a legitimate reason to believe that you have done or are doing something illegal.
  
• Your Chemical BAC Test Was Inaccurate: Nothing is perfect, not even chemical BAC tests. During traffic stops, portable breathalyzer tests are often used to establish a suspect’s BAC. Medical conditions like acid reflux or diabetes, as well as improperly maintained equipment, can produce inaccurate results.

Hire a Will County DUI Defense Lawyer to Help With Your Case

If you have been arrested for driving while under the influence of drugs or alcohol, you should immediately contact a knowledgeable Joliet, IL, DUI defense attorney. At the Fotopoulos Law Office, we understand how a DUI conviction can affect your life. We will do everything in our power to avoid a conviction. Call our office today at 708-942-8400 to schedule a free consultation.

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Cyber Drive Illinois

Strictest and Most Lenient States on DUI

If you are on trial for a violent crime, such as assault and battery, prosecutors will make every effort to discredit you in front of the jury. Should you choose to testify – and remember, the Constitution protects your right to remain silent at trial – prosecutors may look to introduce evidence of prior criminal convictions to attack your credibility.

How “Impeachment” Works in a Criminal Trial

In legal terms, this is known as “impeachment.” Illinois courts have strict rules about what kinds of information may be used to impeach a witness. For example, evidence of a witness’ prior criminal conviction is admissible under the following circumstances:

• The previous crime was punishable by death or a prison term of at least one year at the time of the witness’ conviction; or
• The crime involved “dishonesty or false statement” regardless of the punishment involved; and
• In either case, the judge decides the “probative value” of letting the jury know about the prior conviction outweighs any “danger of unfair prejudice.”

How does a judge apply these rules in practice? Consider a recent example. Prosecutors charged a defendant with domestic battery and several related charges. More precisely, the defendant was accused of choking his girlfriend and then tried to prevent her from calling the police.

The defendant chose to testify at trial. The judge allowed prosecutors to cross-examine the defendant about a prior conviction for a felony offense involving marijuana. During closing arguments, the prosecutor again referred to the conviction, stating it was a “crime of dishonesty against society,” and could be used to impeach the defendant’s credibility.

The jury found the defendant guilty of domestic battery. The judge sentenced the defendant to 30 months in jail. On appeal, the defendant argued the judge was wrong to let the jury hear about his prior drug offense.

However, the Illinois Second District Appellate Court affirmed the defendant’s conviction. The appeals court cited prior cases where prior drug offenses were deemed “crucially important to the jury” in assessing a defendant’s credibility. Therefore, the Second District said the defendant needed to show the risk of prejudice “substantially outweighed” the probative value of this information. He could not do so, the appeals court said, adding that the marijuana conviction “was recent” and relative to the domestic battery charges, which only enhanced its relevance.

Have You Been Charged With a Felony?

It is often difficult to spell out a concrete rule as to what convictions may or may not be admissible as impeachment evidence. Every case involves unique circumstances. This is why it is important to work with an experienced Orland Park criminal defense lawyer if you are on trial for any serious felony charge. Contact the Fotopoulos Law Office if you need to speak with an attorney right away.

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Illinois Rules of Evidence

Illinois Official Reports

Drunk driving in Illinois carries both civil and criminal penalties. On the criminal side, a person convicted of a first DUI offense faces up to one year in jail and a $2,500 fine. Separately, the Illinois Secretary of State’s office can “summarily” suspend the license of any driver who either fails a blood-alcohol test or refuses to take one at a police officer’s request.

A summary suspension is a civil matter. This means the Secretary can suspend your driver’s license even if you are never charged or convicted of a criminal DUI offense. Additionally, while you can challenge a civil summary suspension in court, the state’s burden of proof is much lighter than in a criminal prosecution.

License Suspension Upheld Despite Police Losing Evidence

For one thing, the burden is on the defendant, not the state, to establish there are grounds to rescind the civil suspension. Only after the defendant makes this “prima facie” case does the state have to produce evidence supporting its decision. Even then, the state only needs to prove its case by a “preponderance of the evidence” rather than “beyond a reasonable doubt,” as it would in a criminal DUI proceeding.

This means even if the state loses or mishandles some evidence, it can still prevail on a civil license suspension. Here is a recent example. An Illinois state patrol officer responded to a report of a car accident. According to the officer, she arrived at the scene and noticed a “strong odor of alcoholic beverage” coming from the driver of the crashed vehicle.

The officer said the driver – the defendant in this case – told her that he had “had a few beers.” The officer then conducted several field sobriety tests, which she said the defendant failed. The defendant then agreed to a “portable breath test” administered by the officer, which revealed a blood-alcohol level of 0.183, more than twice the legal limit of .08.

The officer arrested the defendant for DUI. His license was automatically suspended. The defendant challenged the suspension in civil proceeding.

Many citizen-police encounters are now recorded by a camera system installed in police vehicles. The state trooper in this case had such a system. Accordingly, the judge ordered her to turn over a copy of the recording to the defendant. She failed to do so. Instead, she told the judge a DVD she made of the recording was “cracked” and unplayable, and the original video had been “recorded over.”

The judge decided that, as a sanction for the loss of the video, the defendant had already met made his “prima facie” case and shifted the burden to the state. However, he also allowed the officer to testify. In spite of her mishandling of the video, and based largely on her testimony, the judge ultimately denied the defendant’s petition to reinstate his license.

On appeal, the Illinois Third District Appellate Court said the trial judge acted within his discretion. The appeals court noted the judge could have barred the officer’s testimony altogether – as other courts have done in similar circumstances – but he was not required to as a matter of law.

Have You Been Charged With a DUI?

If you are questioned by Illinois police on suspicion of DUI, there are two things you should never do: admit you “had a few beers” or agree to a portable breath test. The latter is not admissible in criminal DUI cases, but can be used to justify the suspension of your license, as in the case above. You should also contact a qualified Orland Park DUI defense attorney who can make sure the police and the courts respect your rights. Call the Fotopoulos Law Office, if you are facing a DUI charge and require immediate legal aid.