Because of this, it’s not uncommon for misguided Halloween pranks and actual state crimes to overlap – probably more than you or your teen even realize. To avoid surprise charges, police departments have started warning citizens on social media that a prank can cross the line.

These are the most common “pranks” that land Chicago teens in jail. Talk to your teens this year about when a prank goes too far – it could save you the embarrassment of picking them up from the police station when you’re supposed to be handing out candy to trick-or-treaters.

Vandalism

Whether you call it “Mischief Night,” “Devil’s Night,” or don’t even have a name for this day, the night before Halloween can quickly spiral out of control. The night became infamous throughout the country after an 8-year old boy was killed in Chicago back in the 1930s. To this day, children still use the opportunity to go out and cause trouble around the city.

However, not everyone appreciates the pranks played on the night before Halloween. People with egged houses, smashed pumpkins, or graffitied walls can call the police. Mischief Night participants may land in jail for vandalism or criminal damage to property. Acting in the spirit of the holiday is not a defense that will hold up in court.

Stalking and Harassment

It’s pretty spooky to see someone in a clown mask or ghost costume outside your window. This kind of prank is all fun and games between friends, but don’t let your kids stand outside of the neighbor’s window and give them a scare.

Victims of this “prank” may decide to call the police. If they do, your teen could be charged with harassment – or even battery. These are often considered “violent crimes” and put a serious stain on an otherwise squeaky clean criminal record.

Falsely Reporting A Crime

Calling the police when they don’t need to be called can also be a crime. Bringing the police to a friend’s house or calling in a bag of sugar as drugs is not funny to the boys in blue. Falsely reporting a crime is considered “disorderly conduct” in the state of Illinois.

Underage Drinking

Maybe your teen is a little too old for TP-ing a neighbor’s house or trick-or-treating. Even so, you still have to talk to them about Halloween behavior. Heading to a Halloween party with alcohol or drugs may land them in jail for the night. Police don’t need to see them actively partaking in underage drinking for them to face consequences.

Another thing you should know – parents who allow teens to drink in their house may also face consequences. Fines start at $500 for adults who let minors drink alcohol on their property. Even if you take your kid’s keys, don’t let them drink in your house this Halloween.

Finally, any amount of alcohol in your teen driver’s blood will result in penalties. The first time your teen is caught drinking and driving, they face a three-month license suspension. The second time is a one-year suspension. If you think your teen might be drinking on Halloween, take their keys.

All of these crimes could show up on your teen’s criminal record and affect their ability to get into college, get a job, and lead a productive life as an adult. Talk to them this Halloween about the severity of criminal charges and what Halloween celebrations may just be going “too far.”

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 you have been charged with a property crime in Illinois, you need to take it seriously and work to put together the strongest possible defense to fight back. Depending on the nature of your alleged crime, you could be facing years in prison, high fines, and more.

How do you know which strategy is most likely to help in your specific situation? There’s no easy answer, but your best chance at a positive outcome is to work with a Chicago attorney who can point to a track record of success in these types of cases. He or she will be able to look at the facts of your case and craft your defense based on those unique factors.

Still, there are a number of possible strategies that tend to work well in these types of cases, and it’s good to have a basic understanding of the types of arguments your lawyer might make. In this post, we’re going to go over Illinois property crime laws, then detail some of the most frequently used successful defenses.

Property Crimes in Illinois

If someone takes items from another or destroys their property, these acts are considered property crimes under Illinois law. Most of the time, property crimes do not cause injury or harm to another person. Because of this, property crimes need not occur in front of a victim – except in the case of robbery.

Property crimes are typically penalized based on the value of the property that was taken or damaged. If firearms are used in conjunction with the crime, the charges can be elevated.

The most common types of property crimes are vandalism, shoplifting, theft, larceny, burglary, and robbery. Arson is another typical form of property crime.

Because there are so many different types of criminal acts that fall under the umbrella term “property crimes,” the possible defense strategies vary not just by the specifics of your case, but also by the nature of the act. Some of them overlap, but many don’t.

Illinois Theft Charge Defenses

Theft is a common form of a property crime in Illinois. If you are facing theft charges, you may be able to use these defenses for a successful outcome.

Property ownership—You believed the property belonged to you.

Returned property—This defense can reduce the level of your charges.

Entrapment—Government officials induced you to commit theft.

Intent to Return Property—You intended to return the property after a certain period.

Marital Property—You took property from your spouse, which is misappropriation but not larceny.

Consent—The owner of the property provided consent for you to take it.

Duress—You took property because someone else was threatening harm to you.

Illinois Arson Charge Defenses

You need a strong defense to arson charges. One of these defenses may work for you.

Accidental fire—You did not act with intent to set the fire.

Lack of evidence—The prosecution must be able to prove beyond a reasonable doubt that you caused the fire, or the case can be dropped.

Mental incapacitation—You were unable to make sound judgments.

Illinois Burglary Charge Defenses

Burglary is often charged as a felony. A strong defense can get your charges reduced or dropped.

Innocence—You did not commit the acts in question and there is strong evidence to support this.

Consent—The owner of the property allowed you to enter.

Entrapment—Someone threatened harm to you or a loved one unless you committed burglary.

Illinois Robbery Charge Defenses

Robbery is prosecuted as a serious crime because it takes place in the presence of a victim. You will need the help of a skilled attorney to fight robbery charges, likely with one or more of the following defenses.

Alibi—You were not present at the time of the incident.

Duress—You committed robbery because someone else threatened harm to you or a loved one unless you acted according to their demands.

Again, all of these are just examples of strategies to give you a sense of the possibilities and ways that you might be able to argue your case. Doing so effectively – that’s the trick.

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.