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One offense that may cause confusion is a conviction for driving under the influence of alcohol or drugs. On the one hand, a DUI is an offense that can only occur while driving. As a result, many people assume a DUI will show on a driving history check but not on a criminal background check.  On the other hand, a DUI is considered a serious crime—one that can lead to license suspensions, sizable fines, and jail time. In all 50 states, a first-offense DUI will normally be…

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Sexual assault includes any non-consensual touching or other physical contact between two persons that has a sexual nature. This offence is very broadly defined. It includes everything from what is traditionally described as “rape” all the way to a “stolen kiss” or a brief grab of a person’s breast or buttocks at a bar. For non-consensual touching to be a sexual assault instead of just a “regular” assault, there must be a sexual aspect to the physical contact between the accused…

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To determine what’s necessary to ensure a defendant’s appearance at trial, a judge or magistrate examines the nature and circumstances of the charges, with particular attention to whether the offense involves violence or narcotic drugs. The court may inquire into the nature and value of any property that might be offered as collateral. The court also examines the weight of the evidence against the defendant, whether the person was on parole or probation at the time of the present arrest, the…

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Introduction The Youth Criminal Justice Act (YCJA) applies to young people who are 12-17 years old. The law says a person is an adult at age 18. At age 18, the YCJA does not apply. Offenders are referred to as “young persons”. The overall purpose of the YCJA is to make the public feel safe. Young people must be accountable for their actions, which means that they must face the consequences for their wrong-doings. The consequence for the crime must be proportionate to the seriousness of…

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Impaired driving is currently the leading cause of death in motor vehicle crashes. Impaired driving is a problem at all times and days of the week. “Driving Under the Influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs including cannabis (marijuana) prescribed for medical purposes, or intoxicating compounds and methamphetamine. In Illinois, a driver is legally considered to be under the influence if he/she has a blood-alcohol content (BAC) of .08 or more, has used any…

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One offense that may cause confusion is a conviction for driving under the influence of alcohol or drugs. On the one hand, a DUI is an offense that can only occur while driving. As a result, many people assume a DUI will show on a driving history check but not on a criminal background check.  On the other hand, a DUI is considered a serious crime—one that can lead to license suspensions, sizable fines, and jail time. In all 50 states, a first-offense DUI will normally be…

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What is sexual assault? The term sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. Some forms of sexual assault include: Attempted rape Fondling or unwanted sexual touching Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body Penetration of the victim’s body, also known as rape What is rape? Rape is a form of sexual assault, but not all sexual assault is rape. The term rape…

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Theft, also known as larceny, can be defined as the wrongful taking and carrying away of the property, such as money or gas, of another with the intent to deprive the person of the property permanently. Theft can be committed in a number of different ways, many of which are described below. What Are the Elements of Theft? In order to be properly convicted of theft, all of the following elements must be proven: Wrongful Taking – The property was taken without consent and…

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The current times demand that both parents work in order to raise a family. Most often, parents can get too busy with their jobs that the kids back home feel neglected or inadvertently lost in the daily shuffle of life. Parents may not realize it, but research shows that the primary reason why children join gangs is for a sense of belonging or to become part of a “family”. Some children are not just as headstrong as others. Those who are not…

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The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on one person by another. Any crime involving a physical attack (or even the threat of an attack) is usually classified as an assault, a battery, or both. Depending on the seriousness of the attack (or the dangerousness of the weapon used), these acts can rise to the level of aggravated assault. And more than one-sided attacks can constitute assault. Fighting can lead to an…

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