It’s every parent’s worst nightmare: receiving a call or a visit from law enforcement telling you that your child has been arrested in Chicago. The shock, fear, and confusion that follow such news can be overwhelming. However, it’s crucial to remember that you are not alone, and there are steps you can take to support your child and navigate the legal process.

In this blog post, we will guide you through what to do if your kid has been arrested in Chicago.

Stay Calm and Gather Information

The first and most important step is to stay calm. Your child needs you to be level-headed and supportive during this difficult time. Begin by asking the police for information about the charges, where your child is being held, and their current status. Make a note of the names and badge numbers of the officers you speak with.

Contact an Attorney

Once you have the initial information, the next crucial step is to hire an experienced criminal defense attorney. Having legal representation is essential to protect your child’s rights and navigate the complex legal system. If you cannot afford an attorney, you may be eligible for a public defender.

Visiting Your Child

You have the right to visit your child while they are in custody, but it’s important to check with the detention facility for visiting hours and any specific requirements. Be prepared to provide identification and follow the facility’s rules.

Understand the Charges

It’s essential to understand the charges against your child. Chicago has a range of laws and ordinances, and the severity of the offense will determine how the case proceeds. Your attorney will help you understand the charges and potential consequences.

Bail and Bond

In many cases, your child may be eligible for bail or bond, which allows them to be released from custody until their trial. The amount and conditions of bail will depend on several factors, including the severity of the charges, your child’s criminal history, and their ties to the community. Your attorney can assist you in navigating this process.

Support Your Child Emotionally

Being arrested can be a traumatic experience for anyone, especially a young person. Your child may be scared, confused, and ashamed. It’s crucial to offer emotional support during this time and assure them that you are there for them, no matter what.

Attend Court Hearings

As the legal process unfolds, your child will have court hearings where their case is discussed and decisions are made. It’s essential to attend these hearings to show your support and stay informed about the progress of the case.

Explore Diversion Programs

Chicago offers various diversion programs for youth offenders aimed at rehabilitation and preventing further involvement in the criminal justice system. Your attorney can help explore these options, which may include counseling, education, or community service.

Be Prepared for Juvenile Court

If your child is under 18, their case will likely be handled in juvenile court, which has a different set of procedures and focuses on rehabilitation rather than punishment. Understanding the juvenile justice system and working closely with your attorney is crucial in ensuring the best possible outcome for your child.

Learn About Expungement

Once your child’s case is resolved, it’s important to explore the possibility of expungement. Expungement can remove certain juvenile records from public view, helping your child move forward without the burden of a criminal record. Having your child arrested in Chicago is undoubtedly a challenging and emotional experience, but it’s essential to remember that there is help available. By staying calm, seeking legal representation, and providing emotional support, you can navigate the legal process and work towards the best possible outcome for your child. Remember that you are not alone in this journey, and there are resources and professionals ready to assist you every step of the way.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The ubiquitous presence of phones and computers in children’s lives has created new social questions for parents, schools, and lawmakers.

One detective in Illinois found that 60% of “sextortion” online comes from peers, not strangers. The other 40%? It comes from internet gaming.

As if that wasn’t terrifying enough, state and national legislation have struggled to keep up with this unusual legal territory.

Initially, states used standard child pornography laws to charge sexting cases. However, the felony penalties often felt overzealous and unnecessarily harsh in the face of children texting each other.

A New Approach in Illinois

House representatives in Illinois have approved House Bill 24 to go to the Senate Floor, which would require a sexting segment in any Illinois school with a sex education program. In other words, it wouldn’t require sex education in general, but it would require current curriculums to add information about sexting.

How does this change fit into current laws that address sexting between minors?

Current Illinois Sexting Laws

Nationwide, sexting is often prosecuted under child pornography charges. This requires a convicted person to register as a sex offender as part of their punishment.

Many states, however, have softened their laws in the case of minors. Illinois forms part of that group. Our state charges minor sexting cases under juvenile supervision laws, which allows the defendants to avoid a delinquency record and sex offender registration.

But the legal definition is still quite narrow. If they choose, prosecutors can prosecute sexting by minors under harsher laws.

What Exactly Is Sexting Between Minors?

“Sexting” occurs when “indecent visual depictions” of external genitalia, pubic area, buttocks, or female breasts are sent to or requested from someone via digital means. That could mean using a phone, laptop, tablet, or computer.

It’s generally understood that a minor is a person under age 18. The reduced penalties for sexting only apply when both parties are under age 18.

A good rule of thumb to teach minors: would this part of your body be covered by a bathing suit? Then think twice about photographing and sharing it.

In general, sexting needs legal redress when:

• Images are posted without the depicted person’s permission
• Recipients did not request the image
• The recipient and/or subject suffered emotional distress
• The context of image sharing established a reasonable expectation of privacy

The danger of sexting is that no digital image remains private after you hit “send.” Even the most well-intentioned friends might accidentally share something.

It’s also been observed that many minors sext due to peer pressure, not because they actually want to do it. This can compromise the privacy and safety of their identity and body against their will. House Bill 24 would seek to educate students on these risks.

If minors are caught sexting — with or without permission from the sender or receiver — how does Illinois charge this?

Juvenile or Adult Court in IL

Minors who are accused of committing a crime typically go through the juvenile justice system. However, for minors age 13 and older, some cases will be transferred to adult court to face harsher penalties.

The judge decides what’s in the best interest of the minor: trying them in juvenile court or adult court.

Juvenile penalties. In the case of minors sexting each other, Illinois will opt for less permanent, less confining penalties first. For instance, if a minor in Illinois is involved in the electronic dissemination of an indecent visual image, the court can order the minor to go to counseling or perform community service.

For a lighter offense, the minor defendant might be adjudicated under supervision rather than spending any time imprisoned. For more serious offenses, they might be forced to pay a fine, serve probation, or serve time in a juvenile facility.

Adult penalties. An adult court conviction for child pornography or a similar crime will evoke more drastic penalties, including lengthy prison sentences, steep fines, and a felony record. In many cases, sex offender registration may also be required.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Most people are familiar with the phrase “you have the right to remain silent.” Even if you’ve never been told those words by police yourself, watch enough television and movies and you know the drill.

“The right to remain silent” and the words that come after are what is known as your Miranda rights. You may know that, but did you also know that these rights are guaranteed by the Constitution of the United States not just to adults but also juveniles?

Every parent (and their children) should understand the basics about Miranda rights, including when they should be read, what they mean, and the differences that can arise between these rights being read to an adult and a minor. Learn more here.

Miranda Rights: What Are They?

Miranda rights, also known as the Miranda warning, is your right to protect yourself against self-incrimination under the Fifth Amendment of the Constitution as well as your right to a lawyer under the Sixth Amendment.

Miranda rights were created so that even someone with no knowledge of the legal system could have a fair shot in the justice system and not be coerced by police into admitting guilt.

The History of Miranda Rights

It may surprise you to learn that Miranda rights as they are known today have only been in use since 1966 as a safeguard of your constitutional rights when you are questioned, detained, or arrested by police.

They were established by the Supreme Court case called Miranda v. Arizona, where it was ruled that people in the custody of police must be informed that they have the right to remain silent and the right to a lawyer before the police interrogate them.

When Should Illinois Police Read Your Miranda Rights?

When the police take you into custody, but before you are interrogated, you should be read your Miranda rights. In the criminal justice system, this is known as being “Mirandized.”

If the police fail to read your Miranda rights, then in court, a judge can throw out anything you said or did while in custody or during your police interrogation. It will not be used against you.

There are exceptions to this rule, but they’re very narrow. For example, a judge may not throw things out that you said or did without being read your Miranda rights in these two scenarios:

• If it is deemed that public safety was at risk when you were questioned by police; or
• There was an urgency to question you in order to protect the public.

What About Illinois Minors?

When anyone is read their Miranda rights, officers aren’t under any obligation to offer a detailed explanation of the rights protected by them or to answer any additional questions about your rights that you may have.

While those under 18 are routinely read their Miranda rights, there is a risk that young people will make self-incriminating statements because they simply lack the understanding of what they’re agreeing to.

In Illinois, more juvenile-friendly Miranda rights are read to minors upon detainment or arrest. The language used is easier to understand and after the rights are read, the police ask whether they want a lawyer or wish to speak to the police at all.

Illinois minors also have the added protection of legal representation. Under Illinois law, an attorney must be present during questioning for a sex offense or murder for minors aged 13 to 15 years old. Police must also videotape all interrogations of those under 18 in felony cases.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The juvenile justice system was established in Illinois over 100 years ago. It was created because Illinois recognizes juveniles who commit crimes are far different than adults that do.

As such, the juvenile rehabilitation system needs to be distinct. In fact, research shows that juvenile offenders have a greater capacity for change than adults. Additionally, they are less to blame for their actions.

That doesn’t mean, however, that juvenile justice cases always go well or that juveniles are given fair treatment for their crimes, as evidenced by the recent conviction of a 13-year old boy in Urbana who pled guilty to stealing five cars this year.

The judge ignored his pleas for another chance and sentenced him to seven years in a juvenile prison – not an ideal outcome.

Understanding how the juvenile justice system works is important for both parents and children. Here’s what you need to know.

What Are Juvenile Rights?

Juvenile defendants, defined as a child age 17 or under, have the same protections under both state and federal laws as adults. That means they should not be exposed to unreasonable search and seizure by police and have the right not to incriminate themselves.

If they are detained or arrested, they also have Fifth Amendment rights against self-incrimination and can refuse to answer questions. They have the right to remain silent just like an adult if their legal guardians are not present.

Police are required to make an attempt to contact a parent or legal guardian of a child who has been arrested or taken into custody, even if they are only being questioned as a witness.

The Rights of the Parents

As the guardian or parent of a child, you have rights as well. If your child is detained or arrested, then you have the right to:

• Be present with them during questioning
• To know why they have been detained or arrested
• Have an attorney present with your child

Remain calm if you are contacted by the police and go to where your child is being held. Demand respectively to be with your child and contact an attorney as soon as you are able.

When a Juvenile is Arrested

When a juvenile is taken into custody or arrested, the law in the state of Illinois requires police to take them to an officer that is trained in handling juveniles.

The police can charge them or decide to place them in a diversion program, which is often called a station adjustment. Station adjustments are done as an alternative to formal charges and allow them to avoid prosecution.

The juvenile is ultimately released to their parent or guardian with certain conditions in place such as curfew restrictions, classes for drugs and alcohol, or the prohibition to hang out with certain groups such as gangs.

The conditions of station adjustment cannot go on for longer than four months unless the juvenile commits another crime. If that happens, however, they cannot extend the adjustment past six months.

A Delinquency Petition

If the police decide that the juvenile is to be charged with a crime, then the case will go to the state’s attorney. They decide to proceed with the charges or not.

If they decide to proceed, then a delinquency petition is filed, and the case will go to the juvenile courts. The delinquency petition is the official document that charges a juvenile with a crime.

Pre-Trail Hearings

Before the trial, juvenile defendants have the right to plead either not guilty or guilty to the crime for which they are charged.

An attorney may work on behalf of the juvenile to negotiate with the state’s attorney to work on a plea deal if there’s strong reason to believe the juvenile would be found guilty due to the evidence against them.

Any agreement reached is subject to the approval of the judge presiding over the case.

Adjudication Hearing

If a case does go to trial, then an adjudication hearing is set. This is done as a bench trial before the judge in most cases and there is no jury involved. Juveniles do not have the right to a jury trial except under very specific circumstances.

Just as with an adult case, at the hearing, the judge hears the evidence from both sides and reaches a verdict, either guilty or not guilty.

Sentencing a Juvenile

Sentencing happens either after they are found guilty at an adjudication hearing or when the defendant pleads guilty. The judge can sentence the juvenile to:

• Probation
• Juvenile detention
• Supervision
• Juvenile prison
• Resident treatment
• Intensive probation supervision

This is only the basic process a case follows through the Illinois juvenile justice system. Every case is unique, however, and it’s crucial to understand how the system works in order to protect your child’s rights. Seek experienced legal advice for specific questions surrounding your child’s case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

For this reason, Illinois legislators offer former offenders the chance for a “do-over” through expungement and record sealing.

These laws are especially lenient if you committed crimes before you turned 18. Today’s post covers some of the most common questions we answer about the juvenile expunction process.

Why Should I Expunge or Seal My IL Criminal Record?

A: To Ensure Your Right to Equal Opportunity

Criminal records are public information. Employers, landlords, and college admissions officers can all access this information and make life-changing decisions based on what they find. Expungement and criminal record sealing allow you to present a more professional application.

Even for offenses slated for automatic expunction, it is important to follow up on whether or not the records were ultimately cleared. Don’t let an admin error affect other areas of life.

IL Criminal Record Sealing or Expungement: What’s the Difference?

A: One Just Hides Your Past, the Other Erases It

When criminal records are sealed, they are hidden from the public view. However, some employers and agencies will still be able to request access to the records.

Expungement erases criminal records to just about everyone, although law enforcement officers may be able to access them if the offender commits crimes in the future.

What Juvenile Crimes Can Be Expunged in Illinois?

A: Nearly All of Them Besides the Worst Violent Offenses

Most juvenile arrests, charges, and convictions can be expunged and hidden from public view. Depending on the nature of the crime, you might have to wait a certain period of time in order to qualify for expungement.

Juveniles who commit murder or serious sex convictions, however, cannot apply for expungement. Additionally, rules differ slightly when the crime was committed by someone who has already turned 18.

Does My Child Have to Wait to Apply for IL Expungement?

A: Yes. Waiting Periods Depend on Factors Like Age and Type of Crime

Depending on your child’s juvenile record, you may have to wait to get their record expunged. If your child has felony or Class A misdemeanor convictions on their record, they will have to wait:

• Until they are 21 years old, or
• Five years after their sentence has ended (if no additional crimes have been committed)

What Are the Waiting Periods for Crimes Automatically Expunged?

A: Typically Between 1 and 2 Years

In some cases, the records are automatically expunged and you won’t have to do a thing. Illinois law states that some records are automatically expunged, but the offender typically has to wait one or two years before this process occurs. Here are three common examples:

Arrests: Arrests are automatically expunged after one year if the juvenile has not been arrested for subsequent crimes.

Charges: If charges are dropped or a case ends in the court finding the juvenile to be not delinquent, records will automatically be expunged.

Class B or C Misdemeanor Convictions: Class B and C misdemeanors, along with petty offenses, include some of the least serious crimes. Courts should automatically expunge these records upon sentence completion.

How Can We Apply for Expungement in Illinois?

A: Reach Out to Your Local Court Clerk or Contact an Experienced Juvenile Defense Attorney to Apply

Expungement requires filing paperwork with the local court, paying fees, and possibly go to a hearing. A criminal defense lawyer can help you through each step of this process to ensure that all paperwork goes to the right place and that the hearing goes smoothly.

The process usually involves completing a Request to Expunge Juvenile Records form and additional paperwork for scenarios involving multiple arrests or various locations.

These forms are submitted to the Circuit Clerk in the county where the arrests or charges took place. Any court documents that are required with the paperwork can be submitted by e-file.

We Received a Notice to Appear; What Happens at This Hearing?

A: The Juvenile Will Answer Questions and Respond to Any Objections

If your records are expunged without a hearing, you will get a notice in the mail. If you have to attend a hearing, it is imperative that you arrive on time and present a case for why these records should be hidden.

During your hearing, you may have to answer questions about your criminal history or respond to objections to your expungement request.

My Request for Expungement Is Approved; How Long Will It Be Until My IL Criminal Record Is Cleared?

A: Generally, 60 Days

At the hearing, a judge will decide whether your request for expungement is approved or denied. You should get paperwork that states the judge’s decision.

Then, the court officially has 60 days to expunge the records after the final decision is made.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

This is okay – but only under certain circumstances. Therefore, if you’re going to allow your teen to drink over the holidays this year, it’s important to know what you can do, and what could result in criminal penalties for you, your teen, or both.

We’ve put together a guide covering Illinois law regarding underage drinking, including what’s allowed, what isn’t, and the consequences you and/or your child could face for underage drinking charges.

What You Are Allowed to Do in Illinois

As a general rule, underage drinking is illegal in Illinois and all other states. Minors are not allowed to consume or possess alcohol, and doing so is known as the crime of Minor in Possession (MIP).

However, there are two exceptions to this law in our state:

• Minors may consume alcohol in the privacy of a home when under the direct supervision and permission of a parent or guardian
• Minors may consume, possess, or dispense alcohol in the performance of a religious ceremony

This means that you can let your child enjoy a reasonable amount of your family’s “traditional eggnog” and that you need not be concerned about communion wine.

However, you cannot let your child drive for the rest of the day, as Illinois has a zero-tolerance policy for underage drinking and driving. This means that if your child is stopped, any blood alcohol content whatsoever will result in loss of driving privileges.

That’s just the beginning, though. There are many things that you (and your child) can’t do when it comes to underage drinking.

What You Are Not Allowed to Do in Illinois

If your child’s friend happens to be a guest at your holiday meal, you are not allowed to serve them alcohol unless their parent or guardian is present and gives permission.

In fact, facilitating underage drinking as an adult is a crime, and will have serious legal ramifications for you:

• Class A misdemeanor
• Class 4 felony if a minor leaves the property intoxicated or an alcohol-related related death occurs

Felonies are almost always punishable by jail time, and you can expect probation and hefty fines to accompany a misdemeanor-level conviction.

Illinois Underage Drinking Laws, Sentences, and Penalties

As we mentioned above, it is illegal for anyone under 21 to possess or consume alcohol. Minors who are caught possessing or consuming alcohol can be charged with Minor in Possession, which is a Class A misdemeanor punishable by:

• Up to one year in jail
• A fine up to $2,500

In addition, a judge can impose any of the following:

• Supervision
• Probation
• Conditional discharge
• Restitution
• Community service
• Work release
• Home detention

Any criminal record could hurt your child’s chance of getting into college and obtaining financial aid, and could also limit employment prospects.

Presenting Fake Identification to Obtain Alcohol in Ilinois

It is also illegal for a minor under the age of 21 to present fake identification to purchase alcohol, which is a common juvenile offense. If caught, minors will be charged with a Class A misdemeanor, punishable by:

• A fine not less than $500
• At least 25 hours of community service, usually to be performed at an alcohol abuse prevention program.

Zero Tolerance While Driving

We touched on this above, but Illinois has a zero-tolerance policy for underage drinking and driving.

This means that if your child is caught with even trace amounts of alcohol in his or her system, but is under the legal limit of 0.08% blood alcohol content (BAC), he or she will still lose driving privileges.

The penalties for a zero-tolerance while driving violation are:

• First offense: Three-month suspension of driving privileges
• Second offense: One-year suspension of driving privileges

Underage DUI in Illinois

If your child is caught driving with a BAC over the legal limit of 0.08%, he or she will be charged with an underage DUI. If the BAC is more than 0.05% and there is evidence of impairment, this will also result in a DUI charge.

An underage DUI conviction is punishable by the following:

• First conviction: Up to one year in jail and a fine up to $2,500 with minimum 2-year revocation of driver’s license
• Second conviction: Up to one year in jail and a fine up to $2,500, with revocation of driver’s license for at least five years, or until age 21, whichever is longest. This also carries a mandatory minimum jail sentence of five days or 240 hours of community service.

The takeaway?

It’s okay to let your teen enjoy a small amount of alcohol over the holidays, but only under certain circumstances. That’s what makes it so important to understand the laws surrounding underage drinking in Illinois.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Did you know that most colleges require applicants to disclose their criminal history, even for offenses committed as a juvenile?

Having any kind of criminal record, even for offenses committed before the age of 18, can severely hamper college admissions potential in a myriad of ways.

In today’s post, we take a closer look at how an Illinois juvenile conviction could negatively impact college admissions. We also share one solution that often prevent a juvenile record from impacting an applicant: having criminal records sealed or expunged.

Criminal History Questions are Common in College Applications

Between 60 and 80 percent of private colleges and universities (and more than half of public institutions) require prospective students to answer questions about criminal history as a part of the application process.

A full background check is most common at four-year institutions, but nearly 50 percent of all two-year community colleges also have at least some questions about criminal history.

Questions generally include offenses committed as a juvenile. Applicants may be asked to disclose prior arrests, regardless of whether charges were actually ever even pressed, or when the charges were dropped altogether, as well.

Arrest records also show up on criminal background checks, which many colleges run routinely, as well. No matter the case, we do believe honesty is always the best policy.

Share what you know. Inconsistencies between your story and what their records show will flag an application for sure.

Most college and university applications initiate this sort of “investigation” by requiring students to check a box admitting to a criminal record.

“Checking the Box” Could Mean the End of a College Education

While the majority of higher education institutions expect those who’ve “checked the box” to personally disclose pertinent information, others run extensive background checks on their applicants.

On top of this, some offenses will render you and your future college attendee ineligible to apply for federal financial aid. Because of this, checking the box could mean the end of a college education for many.

In fact, paying tuition (among other costs) is simply impossible without some form of financial relief for most Illinois families.

Checking the box is only the first step, however. Regardless of the method, the scope of criminal history screening for a college application these days goes beyond that of most employers.

Criminal History Q&A Is Deeper Than Most Employment Applications

You may be hearing for the first time in this article that the scope of criminal history investigations on college applications generally exceeds that of normal employment applications.

Although all employers have different hiring procedures, most employment applications do not ask about arrests, and many employers only require applicants to disclose felony convictions.

Contrastingly, most colleges and universities require applicants to disclose all criminal history, including arrests, juvenile offenses, and misdemeanors.

How a Juvenile Criminal History Affects Admissions Decisions

So, we know that most colleges either require students to disclose criminal history or they run background checks on applicants. But how does this actually factor into admissions decisions?

For elite schools with a highly competitive admissions process, a criminal history could severely hamper your chance of being accepted, even if you’re otherwise a highly competitive applicant.

For other schools, it may come down to individual institutional preferences and policies surrounding safety concerns.

Campus sexual assaults and student violence are two highly scrutinized crimes by the public, so many universities hesitate to admit students with a history of violent or sexual offenses.

Other low-level crimes such as petty vandalism and low-level cannabis offenses are more likely to be overlooked.

Still, should any criminal history questions or criminal background checks yield a record, it will likely compromise your child’s acceptance to that particular school. Therefore, you may need to cast a wider net for college applications.

That being said, there is still an option for many college hopefuls with blemishes on their records.

Can Illinois College Applicants Get Their Records Expunged?

Fortunately, many Illinois college applicants are eligible to petition for criminal record expunction or sealing, especially for offenses committed as a juvenile. This process allows many young adults to pursue a college education and a bright future, by leaving past transgressions where they belong — in the past.

Taking the time to learn more about the Illinois criminal record sealing and expunction process could mean the difference in your child becoming the success they dream.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Most parents fear, on some level, that their children will have a brush with the law. The reality is even good kids do dangerous or stupid things on occasion. If they’re caught, they could face serious legal trouble.

As a parent, your first inclination is to help your child in any way that you can. This is a good approach. However, being informed about the juvenile criminal justice process can help you avoid inadvertently incriminating your child, or unknowingly encouraging your child to incriminate him- or herself.

Below, we provide a guide for how to help your child through legal trouble, and steps you can take to prevent future run-ins with the law. For questions regarding a particular issue you and your child are facing, reach out to a Chicago defense attorney experienced in juvenile law.

Talk to Your Child

First thing’s first, talk to your child. This will be an emotional conversation, but the best thing you can do if your child is arrested is remain calm, and hear your child’s side of the story. Encourage honesty, and take notes to remember important facts.

It’s also important to make sure that your child is aware of his or her legal rights while in police custody. Advise your child not to talk to the police without an attorney present.

Advise them to politely say “I’m very sorry, but my parents have told me that if I’m questioned by the police, I’m not to say anything but my name. I want to get a lawyer, and won’t answer any more questions.”

On this note, it may be wise to have this conversation with your child even if he’s not in trouble with the law. Advising your child to keep his rights protected in any situation could save heartache down the road.

Don’t Pretend You’re a Criminal Lawyer

On a similar note, avoid playing legal counselor yourself. Remember that the police are not on your or your child’s side, and that anything you say to the police could be used against your child, too.

Many parents inadvertently incriminate their children when they’re only trying to help by explaining the situation to the police.

Contact Legal Representation

To ensure your child’s rights are protected, contact legal representation as soon as possible. Do not talk to the police or allow your child to talk to the police without an attorney present.

Juvenile suspects in particular are often frightened by interrogation, and can even make false confessions in an effort to appease their interrogators. It’s therefore very important to make sure your child’s rights are protected.

An attorney can also provide you with more information regarding the charges against your child, and can help you evaluate available options.

If the prosecution is attempting to try your child as an adult, an attorney may be able to keep your child out of the adult court system.

Take Care of Emotional Needs

Dealing with the legal ramifications of your child’s arrest is always a priority. At the same time, remember that there will also be a significant emotional fallout during this process that often affects the whole family.

Don’t ignore the feelings you’re having, and address how your child and other family members are feeling as well.

Consider Counseling

If your child has a brush with the law, this will have a huge emotional impact on the entire family. Consider speaking to a counselor yourself, and encourage your child to go to counseling too.

Sometimes this initial counseling can lead to help addressing any underlying emotional problems that may have contributed to your child’s criminal behavior in the first place.

Dealing with the arrest of a child is difficult for any parent. Your best effort in understanding your child’s side of the story, knowing what to do, and making sure that your child’s rights are protected will make all the difference. About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

How to people learn? By making mistakes.

Everyone has to live a little, experiment with their surroundings, and make mistakes in order to learn for themselves how the world works.

At no time is this truer than when we are growing up – and as we grow, the potential of those mistakes to be bigger and more impactful grows with us.

Which brings us to teenagers. According to all available scientific evidence, teens are primed for this kind of behavior because the adolescent brain hasn’t finished developing in the areas that allow them to check many of their worst impulses.

As associate Professor of Psychology and PhD Jason Chein states, “If an opportunity seems like it will be emotionally arousing, [adolescents’] brain systems are primed to take action, rather than think about the long-term consequences.”

This is why it’s imperative to create an environment in which teens can learn to make good choices. Unfortunately, the opposite is often true as well – if teens are not given the tools and social support they need to choose wisely, it’s not uncommon for them to head down a dark path. In some cases, this can even lead to them engaging in criminal behavior.

There are certain key structures which allow young people the freedom to explore themselves and their place in the world in a safe and constructive way, and breaks in them can leave developing adolescents at higher risk for juvenile delinquency.

In this post, we’re going to take a look at some of the factors that can make a teenager more at-risk for committing criminal acts.

Contributing Economic Factors

Not surprisingly, studies show that when children experience deprivation of basic needs such as hunger, poor housing, and homelessness, they are at much greater risk of engaging in criminal activity.

Sometimes it’s a means of emotional escape. In other cases, it’s an attempt to improve their poor economic conditions. Unfortunately, it is not as uncommon to see teens facing charges of theft when their families are unable to meet their needs.

Stealing is just the tip of the iceberg. Some teens sell drugs or stolen property in order to improve their own – or their family’s – economic situation.

If your teen is facing charges you believe may have been caused by poor economic conditions within your family, an attorney specializing in juvenile crimes can advise you on how to reach the most beneficial outcome for his or her future.

Mental Health

If you have a child who struggles with mental illness or behavioral problems such as aggression, hyperactivity, or ADD and their condition goes untreated and unchecked, they may be more likely to engage in illegal activities.

There are a number of programs available through the State of Illinois for concerned parents in need of assistance. Checking into them may be the difference between contentment and a life of crime for your child.

Although every parent must face emotional ups-and-downs with a teenager in the house, careful guidance and attention (whether it’s wanted or not) is the best way to equip particularly emotionally-charged teens to face those influences beyond your parental control.

Peer Influence

As shored-up as you can make your child’s home environment, their friends and outside social life are going to play a pivotal role in influencing them. There are, however, situations and reasons where peers might have an even greater influence over your teen.

These include:

• If your teen has high proportion of unsupervised time with peers
• If peers are involved in problem behavior
• If peers solicit involvement in problem behavior early
• If bullying is involved

Labeling

Despite experts cautioning that labeling juveniles as gang members can create a stigma that causes lifelong problems for them (yet serves little purpose for police), The Chicago Tribune reported recently that nearly 33 thousand arrested juveniles have been labeled as such by Chicago police over the last two decades.

When you are told by someone with authority (like the police) that you are something before you’ve ever had a chance to figure out who and what you can be, the label often sticks.

Lack of Involvement/Lots of Free Time

If these aren’t the issues for your at-risk teen, perhaps they are just bored. Picking up a part-time job or joining social clubs or team sports can provide the sense of community they may be missing.

Psychological research on brain development and teen impulsivity continues to change the way the justice system treats teens overall. We still have work to do, but these changes are trickling down to interventions that could help keep them out of the system in the first place.

For instance, the Illinois criminal justice system recently increased second chances to juvenile offenders through House Bill 3817, which expanded juvenile criminal records eligibility for automatic expungement at age 18.

We understand now that adolescence is a time when the brain has increased sensitivity to rewards and that with more time for development, adolescent brains are better able to consider the long-term implications of bad decisions.

Being aware of the influences both at home and at large is the first step to helping prevent your at-risk teen from committing juvenile crimes.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If your child has recently been arrested or charged with a crime, we understand that you are worried. The criminal justice system in Illinois is supposed to protect the people of our state, but that often means placing severe punishments on people who may have just made a bad mistake.

This is particularly unfortunate for younger members of our society, because all teenagers make mistakes, and you don’t want those youthful errors to hurt their ability to work or go to college once they finish school. Generally speaking, the state of Illinois understands this problem and has been enacting legislation that directs more children away from the adult court system so that they can find a more appropriate alternative to prison.

However, it is still possible for minors to be charged with crimes as adults. If you have a child who is close to reaching adulthood, this is more likely to happen to your child.

The following information is intended to help you understand how this process works and what you can do to best prepare and help your child through it. If you still have questions, be sure to contact an Illinois juvenile crimes lawyer for information on your child’s specific case.

When Are Minors Charged as Adults in Illinois?

Juveniles who commit low-level or non-violent crimes usually do not have to worry about being tried as an adult. In most of these cases, the child has not fully developed and does not understand the full extent of their actions. When minors commit more serious crimes, though, they may be treated more seriously.

Illinois only sends a minor straight to adult court if they are 16 or 17 and have been charged with any of these three violent crimes:

• First-degree murder
• Aggravated criminal sexual assault
• Aggravated battery with a firearm

If the minor is charged with aggravated battery and did not fire the firearm in question, they may still be charged as a minor.

Minors who are 15 or younger may still have to go to adult court, but their case has to go through the juvenile crimes system first. If prosecutors want to see your child charged as an adult, they will have to argue that point based on the following factors:

• The mental capacity of the child
• Rehabilitation options
• Their participation in the crime
• The child’s home life
• Past criminal record

Consult with a juvenile crimes lawyer for ways that you can fight these arguments and keep your child out of the adult court system.

The Law in Illinois Doesn’t Work the Way It Used To

If you have read other materials that suggest your child could go straight to adult court for crimes outside of the ones mentioned above, you might just be reading out-of-date material. Illinois used to have harsher state laws regarding juvenile crimes.

That changed in late 2015, when a collection of bills were signed in order to reduce the prison population and put more offending minors into rehabilitation programs. Before 2016, minors who were 15 may have been automatically sent to adult court for armed robbery or aggravated vehicular hijacking. Now, the court will look closer at the minor’s actions and consider more factors before sending a child to adult court.

The collection of bills also included changes to how minors are penalized after they have been convicted. One of the measures stopped the incarceration of minors for specific misdemeanor crimes. If your teen is charged with any of the following, you will not have to worry about them sitting a prison for their mistakes:

• Theft
• Marijuana possession
• Battery
• Trespassing

If the incident included aggravating factors and the charge is elevated to a felony, your child may still have to face time in a juvenile detention center.

Children who are under the age of 13 are also more protected with these new laws. A fourth law required the state to provide these minors with a youth service provider before holding them in a juvenile detention center with older teenagers.

Essentially, Illinois wants to keep children out of prisons and detention centers unless it is deemed necessary. Use this knowledge when you are building your defense strategy.

Your Child Has the Right to An Attorney in Illinois

Whether your child is going through the adult or juvenile court system, one thing remains: the right to an attorney. The juvenile court system is not easy to navigate, and sometimes you may feel like the criminal justice system is working against your child.

Because of this, you should recruit an attorney who has specialized in juvenile crimes in Illinois. Your lawyer will be your best resource while you are fighting to keep your child in the juvenile court system and fighting to keep them out of prison.

Minors who are charged with crimes still have rights and are not convicted offenders yet. A strong defense strategy will help to get your child’s charges dropped and protect their future.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

As an attempted prank, a Mundelein teenager allegedly pointed a replica assault rifle at passing drivers while wearing the mask popularized in V for Vendetta. Although the rifle was a replica, he was arrested, transported to a juvenile detention center, and charged with three counts of aggravated assault.

What’s next for the alleged prankster, and how does the Illinois juvenile justice process work?

The Illinois juvenile justice system handles juvenile offenders on a case-by-case basis and can vary widely, but is comprised of four main steps, including police contact, juvenile justice intake, juvenile court, and placement.

Below, we’re going to go over each of them.

Police Contact

Police officers play a big role in deciding whether a youth will be admitted to the juvenile court system, or instead be released with a warning. A child may be questioned by the police, but recent changes to the juvenile justice system dictate that interrogation is not allowed for children under 13.

In general, police handle a case in one of four different ways:

• Street corner adjustment: Youth is issued a formal warning, but is not taken into police custody.
• Station adjustment: Youth is taken into police custody and issued a formal warning at the police station. A record is kept of the warning, and the youth can be given rules to follow. Failure to follow these rules can result in the case being referred to juvenile court.
• Police diversion: Youth agrees to services such as counseling or drug treatment instead of being referred to juvenile court.
• Formal complaint: Case goes to juvenile court.

Juvenile Justice Intake

When a case is referred to juvenile court, an intake assessment is made by police and the state’s attorney, who decide if the case should be dismissed, go to juvenile court, or be kept out of the juvenile justice system through diversion programs.

If there is insufficient evidence or if evidence was collected incorrectly, the state’s attorney may choose to dismiss the case. If the case is dismissed, the child is free to go, and no charges will be pressed.

If there is sufficient evidence that a juvenile crime was committed, charges may be filed. A charge against a child is known as a juvenile petition.

The state’s attorney may also choose to handle the case with a probation adjustment. This is similar to a station adjustment, but the youth’s adherence to the agreed-upon probation conditions is supervised by a probation officer.

Juvenile Court

If a juvenile petition is filed, a detention hearing is held within 40 hours of arrest to determine if the child must stay in a juvenile detention center until trial. The nature of the crime and the home support system of the child are considered.

The judge may offer the youth court supervision, which provides a final chance for charges to be dismissed. The youth must follow rules set by the court for up to two years, and be supervised by a probation officer.

Should the case go to trial, an adjudication hearing is held. Evidence is presented to the judge, who determines if the child is guilty. Before or during the trial, the youth is able to make a plea through his or her attorney. If the youth is found guilty, a disposition hearing is held to determine sentencing.

Placement

In some cases, the youth may be placed in the custody of the Illinois Department of Juvenile Justice (IDJJ). The youth may be placed in a residential treatment center, which is a therapeutic facility, or sent to a youth prison.

When a child is sent to youth prison, the sentence is “indeterminate.” The child can be held for any amount of time up to his or her 21st birthday. The IDJJ decides the length of time spent in detention based upon the nature of the crime and how the youth behaves while in custody.

As you can see, the process can be complicated and the consequences frightening. You do not have to deal with everything on your own. Get in touch with our office and we can set up a free initial consultation to talk about the facts of your case and what options you have available to you.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Students are back in school in Illinois, and along with homework and extracurricular activities, you might also need to think about school-related assaults.

Two incidents from the previous school year stand out as warnings to both parents and students in the Chicago area.

Teens Arrested for Fighting in Chicago

Last May, a fellow student stabbed Destinee Garza with a pair of scissors during a fight at Oak Lawn Community High School, and she suffered laceration injuries to her arms, neck, and forehead.

The other female student supposedly attacked Garza during passing time in the hallway. It took 35 seconds for another student to break up the fight by prying the scissors from the other girl’s hands.

Although the girl with the scissors ran away from the school after the fight, Oak Lawn police were able to apprehend her later that day and confirmed she would be petitioned to juvenile court on aggravated battery charges.

Last January, police responded to a battery call when a 16-year-old girl was arrested for attacking another female student on a school bus that was parked on the Stevenson High School campus waiting to bring students home.

In a cellphone video, the victim is seen outside the school bus and after she gets on the bus, the attacker punches her repeatedly while also telling her to “say you’re sorry.” The bus driver confronted the students before calling for security.

The victim was treated for non-life threatening injuries and the public information coordinator for the school said the attacker wouldn’t be returning to the school for a while. Police also confirmed the alleged attacker would be referred to the Depke Juvenile Justice Complex.

How Can School Fights in Illinois Affect My Teen?

A criminal record can have lasting effects on a teen’s life, especially if the charge is related to a violent crime like assault or battery. That’s why it’s imperative to reach out to a knowledgeable Illinois defense attorney who has experience with both assault and battery and juvenile crimes.

Fortunately for parents, Illinois has reformed some of its laws when it comes to juvenile crimes in an attempt to keep kids out of the prison system and focus on rehabilitation.

Judges now have more flexibility and discretion when it comes to sentencing juveniles, instead of giving a blanket sentence for a single charge. This means that judges can consider a number of factors, including “the minor’s age and cognitive ability, home life, degree of participation in a crime, criminal history and potential for rehabilitation.”

In addition to this flexibility, the new juvenile criminal laws also try to keep kids who have committed misdemeanor offenses – theft, assault, battery, marijuana possession, etc. – out of a juvenile detention facility.

The circumstances of the incident, as well as your child’s history – especially if this was an isolated incident – will be crucial in getting the charges and punishment reduced, dropped, or dismissed. A skilled attorney will be able to make a case for your child not becoming another tragedy of the criminal justice system.

Don’t let a mistake ruin your child’s life. Regardless of what happened, your child deserves to live his or her life unscathed by a criminal record. A qualified Chicago juvenile crimes attorney will protect your child’s rights and give them the best chance at a positive outcome.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Stealing or shoplifting is one of the most common teenage crimes.

According to statistics put out by the National Association for Shoplifting Prevention, 25 percent of shoplifters are kids, and 55 percent of adult shoplifters say they got started in their teens.

Knowing this, it’s good to be prepared – as a parent – in the event that your Chicago teen is charged with stealing. Let’s review the theft laws here in Illinois and what the consequences might be for a juvenile who is caught.

Illinois Theft Laws

Stealing is another word for theft. Theft offenses generally involve someone taking something that is not theirs and

• Intending to deprive the owner permanently of the use or benefit of the property;
• Knowingly using, concealing, or abandoning the property in such manner as to deprive the owner permanently of such use or benefit; or
• Using, concealing, or abandoning the property knowing such use, concealment, or abandonment probably will deprive the owner permanently of such use or benefit.

Along with things such as hiding a stolen item under a jacket or in a purse, theft also includes altering price labels, removing a shopping cart without consent, using or possessing a theft detection device, and more.

Depending on the value of the stolen property and where the item was stolen from – school, place of worship, or government property – theft could be a misdemeanor or felony offense.

If the stolen property is worth less than $500, the suspect could be charged with a Class A misdemeanor. Class A misdemeanors are punished by up to one year in jail, up to two years of probation, and a fine up to $2,500.

If the stolen property is worth more than $500 or the property is from a person, the crime is elevated to a felony offense.

How Is a Juvenile Affected By Illinois’ Theft Laws?

Many people believe that a juvenile charged with a crime should be treated the same way as an adult. However, kids have a better chance to turn their life around if they have the opportunity to be rehabilitated instead of simply going to a detention center to serve their time.

Thankfully, if your teen is charged with stealing, he or she will have a good chance at avoiding the penalties typically given to an adult. This year, our state even reformed juvenile crime laws not only to benefit juveniles who have been charged with a crime, but also to reduce the overall Illinois prison population.

Here are a few of the key changes:

• During the interrogation process, all children under the age of 15 must have a lawyer present.
• Juveniles who are charged or arrested for a crime before they turn 18 can have their criminal record expunged.

• Probationary periods have been reduced for juveniles so they can serve their time and get back to being a productive citizen faster.
• If a child is between 18 and 26 and charged with a nonviolent crime, he or she might be able to do community service through the Restorative Justice Community Court.

While these changes are beneficial to juveniles, the circumstances of the alleged crime will be especially important in determining the consequences your teenager might face. If your child was charged with stealing, contact an experienced Illinois juvenile crimes lawyer as soon as possible to discuss your teen’s situation and determine the best way to proceed so your child can beat the charges and get on with their life.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Most teenagers rebel to some extent, and many are involved in petty crimes to some degree. Unfortunately, that probably won’t bring you much comfort if you get a call that your son or daughter has been arrested or a cops knocks on your door with them in tow.

If your child has been charged with a crime, it can’t help but be a stressful and nerve-racking experience. As a parent, you have your child’s best interests at heart, and want to make sure that his or her rights are protected. You worry about their future. What will this do to their chances of getting into a good school? Being successful five or 10 years down the road?

The best way to fight for your teen’s rights and future is to work with an experienced Chicago juvenile crimes attorney.

What if you’re simply worried that they’re going to get into trouble, though? Can you prevent it? What should you watch for?

Here are some of the most common juvenile crimes and behaviors to keep an eye on.

Criminal Offenses That Juveniles Typically Commit

Theft/Larceny. A juvenile’s criminal activity often begins with larceny, or petty theft. In these cases, kids or teens may steal something that is inexpensive or replaceable. For example, a lawn ornament.

Most of the time victims of these crimes find that the hassle of reporting them isn’t worthwhile, so the child goes unpunished. The danger here, however, is that the child or teen becomes emboldened, and feels that he or she can get away with anything. Therefore, these relatively petty crimes can encourage kids to move on to more serious crimes that are more likely to result in charges. If your child has been involved in a theft, it’s important to impress upon them the seriousness of the matter.

If charges have been pressed, diversion programs may be an option for petty crimes, especially if he or she is a first-time offender. These programs are aimed at avoiding criminal convictions that could tarnish future educational or employment prospects, and instead rehabilitating offenders through activities such as community service.

Vandalism. Vandalism refers to the intentional destruction of another party’s property. The severity of vandalism charges, which range from misdemeanors to felonies, depends upon the cost of the damage as well as the intent. For example, gang-related graffiti is charged more severely than non-gang-related graffiti. Teens often engage in vandalism as an act of rebellion, and may also be persuaded to participate by peer pressure.

As a parent, you will most likely be held responsible for restitution of the damaged or destroyed property, including cleaning, repairing, or replacing the property in question, depending upon the nature of the offense. In Illinois, the Parental Responsibility Law limits liability of parents to $1000.

Assault. Most people don’t think of kids and teens physically assaulting others, but often that’s just because of the terminology used. “Assault” can include things like bullying or fighting with peers, as well as assault of adults outside of school. Whatever the situation, assault is a very serious crime.

If your child has a history of assault or is facing assault charges, there are several things you can and should do as a parent. If charges have been pressed, immediately retain legal counsel, as this will make sure that your child’s rights are protected. Second, look into how and why the assault happened, and consider how it might be prevented in the future. This may mean limiting your child’s contact with certain friends or groups. It may also be worth looking into psychotherapy or another behavioral intervention.

Illegal Purchases. Purchase of age-restricted substances such as alcohol and tobacco is a very common juvenile crime, as is purchase of substances that are illicit for adults as well. In the case of alcohol and tobacco, kids and teens may use fake ID’s, which can open them up to further charges. Illegal purchase charges range from misdemeanors to felonies depending upon what is being purchased and in what context.

In addition to criminal charges for illegal purchases, which can be quite severe, in many cases the substances purchased can not only bring harm to your child, but also potentially lead to more criminal activity. Especially with illicit substances, your child may become addicted, which can result in them engaging in further criminal behaviors, such as theft or even prostitution, to support their habit.

Criminal Trespass. Kids and teens often trespass onto private property, sometimes to commit other crimes, and sometimes simply for entertainment. In Illinois, criminal trespass is usually considered a misdemeanor, with the class of misdemeanor depending upon where the alleged trespassing occurred and what the intent was.

However, a criminal trespass misdemeanor charge is still quite serious. In some rare cases a criminal trespass may be charged as a felony, such as trespassing onto federal property or nuclear facilities.

Our criminal trespass statute is particularly complex, and there are many variables and exceptions. It is therefore imperative to find legal representation with an excellent knowledge of Illinois criminal trespassing laws, and a proven successful track record in similar cases.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If your child is charged with a crime, it is normal for you to be nervous. After all, many adults are afraid of being charged with a crime – naturally you’re scared for your kid.

Juvenile courts and criminal processes are separate from adult court, but your child may still have to go to trial, be interrogated by police, or have a mark on their criminal record while applying for college, jobs, and so on. Plus, since these two courts are different, the process can be confusing for many parents.

Laws and criminal processes for juveniles have changed over the years, but recent laws have been put in place to benefit juveniles who have been charged with a crime. The current thought is that locking up children just isn’t beneficial, especially when the state of Illinois has rehabilitation programs for juveniles that are less expensive and more effective than putting kids in a detention center.

Moreover, Governor Rauner has made a promise to reduce the overall prison population by 25% in the next 10 years – including the juvenile population. The work is already happening: in July 2016, the Illinois Department of Juvenile Justice (IDJJ) reported a 44% decrease in juveniles who are serving time in IDJJ facilities.

If your child has been charged with a crime since January 1^st, it will be helpful for you to review the recent changes to the law so you understand what he or she is up against and how best to protect their rights and fight back against the charges.

2017 Changes to Illinois Juvenile Crime Laws

Interrogation: Before 2017, children as young as 13 could be subjected to a police interrogation without a criminal defense lawyer present. Now, all children under the age of 15 must have a lawyer present during the interrogation process.

Expungement: Wouldn’t it be nice if your child could wipe their criminal record clean? If they were charged or arrested for a crime before they turned 18, they can. Illinois has allowed expungement in these cases to give children a better chance at getting into higher education or securing a good job. You should note, however, that law enforcement can still see an expunged record.

Standards for Law Enforcement: If a juvenile in the system has a “critical incident” like a suicide attempt, the Department of Juvenile Justice has to stay on top of it. The DJJ must file an incident report within 10 days so that no critical information is lost or neglected during court proceedings.

Probation: Even before this year, the Department of Juvenile Justice has aimed to avoid detention facilities and give children the option of either rehabilitation programs or probation. Probation can still be very limiting. Juveniles may be prevented from attending certain events with their friends, must report to a probation officer, and so on.

Before this year, though, probation lasted a long time: for certain crimes, there was a mandatory five-year probation period for juveniles. The laws have changed so that the probationary period for many crimes (including violent crimes, but not first degree murder) has been reduced. Now, juveniles will be able to serve their time and get on with their lives as productive citizens faster.

Drug Crimes: Illinois has been making moves across the board to reduce drug crimes sentences, including decriminalizing marijuana. For juvenile drug offenders, these reductions mean that jail time may no longer be something they need to worry about. If a juvenile is charged with either Class 3 or Class 4 controlled substance crime, new laws prohibit judges from sending that minor to IDJJ facilities. There is one exception: if the child has multiple probation violations under their belt, they may be committed to the IDJJ.

New Court: Maybe your child just missed the cutoff and was charged with an adult crime at the age of 18. Now, there is still hope for the courts to focus on rehabilitating, rather than punishing, your child.

That’s because Cook County is opening a Restorative Justice Community Court this year. The court will focus on giving individuals between the ages of 18 and 26 who have been charged with nonviolent offenses the option of paying reparations through community service, rather than jail time. The court will be in the same building as mental health services, counseling, and drug training, your child will also have easy access to those resources to help him or her become a productive citizen.

My Child Was Charged with a Crime… What Now?

These laws do not mean your child will go through criminal proceedings without any form of penalty. There is still the possibility of probation, fines, and other consequences. Moreover, until you make the effort to apply for expungement or record sealing, your child will still have the arrest, charge, or conviction on their permanent record, which is something that can make it hard to find housing, get a job, be accepted into college, and more.

Bottom line? If your child is charged with a crime, reach out to a juvenile crimes lawyer. A skilled attorney will not only be the best chance for your child to experience a positive outcome, they can also walk you through the process of getting your child’s record expunged.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Many parents are fearful of teens and technology, and unfortunately sometimes these fears aren’t unfounded.

[clickToTweet tweet=”Teen sexting—a term used to describe sharing naked or explicit photos over mobile device” quote=”Teen sexting—a term used to describe sharing naked or explicit photos over mobile devices—is potentially harmful to the development of teens.”]

It is also a criminal offense—even when done between two minors.

As sexting is a relatively recent phenomenon, state governments have been unsure how to properly deal with the rise in teens sharing explicit photos. In some states, underage sexting is considered distribution of child pornography. Because of this, there have been instances where minors in a relationship engaged in sexting and ended up with sex crime charges. These aren’t minor criminal matters, either. Many of the charged teens are shocked to find themselves facing felonies.

A recent case involving two North Carolina teens, for example, has one 17-year-old male facing felony three third degree sexual exploitation of minor charges, and two counts of second degree sexual exploitation of a minor. If convicted, this teen will have to register as a sex offender. To add further confusion into the picture, the unique nature of the case means the accused teen is listed as both a perpetrator and a victim.

Many people believe that teens consensually sharing explicit photos should not be treated with the same punishments reserved for exploitive child pornographers. Other US states, including Illinois, have passed legislation to specifically address teen sexting. In total, 20 US states and Guam have laws that attempt to subject sexting teens to specific legislation.

Illinois Teen Sexting Laws

The punishments for minors who send explicit photos vary significantly depending on the circumstances. In general, the law is much more lenient on juvenile offenders. The juvenile court system is very different from adult criminal courts—the hope of these courts is to rehabilitate and correct teen misbehavior before the juvenile becomes an adult. As such, the law generally seeks to avoid penalties that will have a long term effect on convicted teens, like sex offender registration or criminal records.

Minors Involved in Electronic Dissemination of Indecent Visual Depictions in Need of Supervision. Illinois law addresses teen sexting specifically under statute 705 Ill. Comp. Stat. Ann. § 405/3-40. It refers to the act as “minors involved in the electronic dissemination of indecent visual depictions in need of supervision.”

Anyone under the age of 18 can be charged under this statute if they distribute or disseminate indecent visual images of a minor via electronic media. This includes any kind of social media, texting, smartphone apps, etc. If both individuals in the case are minors, they could be subject to juvenile penalties.

In Illinois, an individual under the age of 18 is considered a juvenile when charged with a misdemeanor. The juvenile courts will likely give the young offender some kind of community service and/or counseling for sexting-related offenses. For other misdemeanor offenses, a juvenile might face probation, a fine, or may be incarcerated in a juvenile facility.

Distributing Harmful Material to a Minor. Depending on the circumstances, the juvenile in question may also face charges of distributing harmful material to a minor. “Harmful Materials” can include naked or sexually explicit images. Under Illinois law, this is a Class A misdemeanor for first offenders, and a Class 4 felony for subsequent offenses.

Penalties for Non-Juvenile Offenders. In most cases, consensual sexting between two adults is not illegal. The law is very harsh, however, if one of the individuals involved is a minor. Under Illinois law, it is considered child pornography to film, record, or depict a minor engaging in a sexual act. Depending on the circumstances surrounding accusations, child pornography is a Class 1, 2, 3, or Class X felony – and felony penalties in Illinois are notoriously harsh. Those convicted of Class X felonies can face 6 to 30 years in prison, with extended sentences up to 60 years.

Furthermore, any individual in Illinois 17 years of age or older commits a serious crime if they post identifying or contact information of a minor under the age of 17 on an adult obscenity or child pornography website. It is also a crime to post non-sexual or non-explicit images on this kind of site, or to possess an explicit image of a minor if the minor is clothed but posed in a sexually suggestive way. This is a Class 4 or 5 felony, depending on the circumstances.

If you or someone you know has been charged with a crime, or if you have been approached by investigators, it is critical you contact an attorney experienced in criminal law. Get in touch with us today to begin building your defense strategy.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.