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Sex Crimes

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Criminal Defense Law – Types of Criminal Defenses

If you have unfortunately been accused in a criminal crime, you need to come up with a solid defense that projects your innocence. It takes a lawyer with a lot of experience and thorough knowledge of the law to make a defense that will convince the judge and the jury of your innocence. A weak defense can send an innocent person to prison while a strong defense can get a defendant acquitted.

Broadly speaking, there are two types of defenses. First, you plead not-guilty of the crime. Second, you accept your charge, but explain a valid reason that justifies your action.

Defenses for pleading not-guilty:

Alibi: The one thing that can get you acquitted is alibi. Alibi refers to a witness or proof that proves beyond doubt that you were not present at the crime scene when the crime took place.

Conflicting evidence: According to the criminal defense law of Chicago, an accused must be proved guilty beyond a reasonable doubt in order to be convicted in the case. The catchwords here are “beyond a reasonable doubt’. If your lawyer comes up with an argument that creates doubt about your involvement in the crime, you might be acquitted because of “lack of convincing evidence”.

The right to remain silent: The criminal defense law of Chicago gives criminals the benefit of doubt. The law states that any accused is innocent until proven guilty beyond doubt. So, your lawyer might simply ask you to remain silent and do nothing. If the prosecutor cannot prove that you are guilty, you are presumed innocent and acquitted.

Defenses for pleading guilty:

Self defense: According to law, every person has the right to protect himself/herself when faced with a life threatening situation. So, if your lawyer can prove that you committed crime in self defense, you are let off with nothing more than a rap on the knuckles.

Under influence: Criminals who perform crimes with full awareness and consciousness are awarded maximum punishment. If you did a crime under the influence of narcotics or alcohol, you might receive a lighter sentence.

Insanity: Insanity is the condition in which you are not in your senses and cannot control your mind or behavior. In such cases, since you did not commit the crime with full consciousness and with criminal intent, the sentence might be reduced. However, this is a very complex and tricky defense because a psychiatrist examines the accused and decides the authenticity of the claim.

Entrapment: Entrapment is the situation in which you commit the crime under the influence of some other person. It could involve force, blackmail or some other illegal action.

The lawyers at the Law Office Of Robert Kerr LLC will provide the strongest criminal defense possible.

Call us TODAY for a FREE consultation.

By Robert Kerr

 

ILLINOIS MAN ARRESTED FOR POSSESSION OF CHILD PORNOGRAPHY

In the age of the internet, people can distribute child pornography between themselves more easily than ever before. With cellphone and video technology in almost everyone’s home, child pornography is also more easily made than in the past. With this increased activity, police and prosecutors at the local, state and federal levels take finding people who make or look at child pornography very seriously.

In order to catch people with child pornography, police will often conduct undercover investigations. These investigations can sometimes include infiltrating websites where people exchange images of children or talk about child sex abuse. These extensive investigations can lead to serious charges. However, with this aggressive prosecution comes the risk that people are being falsely accused.

Recently, a two month long investigation has led to the arrest of a Chicago area man. The 53-year-old man — from the southern suburb of Frankfort — was charged with six felony child pornography charges. According to police the man was responsible for distributing and downloading pornographic images of children. The police claim that the imagines included adults with children and children as young as nine-years-old.

The investigation was a joint effort between officials from the U.S. Secret Service, the Illinois Attorney General’s office, Frankfort Police Department and the Will County State’s Attorney’s office. The investigation, according to authorities, culminated with a warranted search of the man’s house, just prior to his arrest.

This was just one arrest of 45 that Will County State’s Attorney’s High Technology Crimes Unit has made involving child sexual abuse since March 2012.

With all these arrests, people need to make sure that their constitutional rights are being upheld. These rights include a right to privacy, a right to be treated as innocent until proven guilty and the right to have an attorney.

Source: Chicago Tribune, “Frankfort man charged with child porn possession,” Dennis Sullivan, Oct. 30, 2013

MAN DENIED BOND AFTER SEXUAL ASSAULT ALLEGATIONS

Sexual assault charges are very serious in Chicago. They can lead to extreme punishments that have life-long effects. These ramifications can start from the moment a person faces allegations of sexual assault.

For one 26-year-old man, these consequences have started the moment he was arrested. According to police, the man broke into a home on Chicago’s Southside by using a garbage can. Once in the house, police claim that the man grabbed a knife from the kitchen and went to a bedroom to find a 40-year-old woman. When the woman screamed, her 22-year-old daughter rushed into the room. Police claim that the man then forced both women into the bed and sexually assaulted both of them. He then demanded money and left.

According to police, only a few hours later, the man used the knife to threaten and drag a 14-year-old girl off the street and into a yard. The girl had been walking to a bus stop. Allegedly, the man assaulted the girl before he was seen by a witness.

Police also accuse the man of hiding in the bedroom of an 11-year-old girl in the same neighborhood. However, police say he escaped that house after the family dog alerted the family.

He has been charged with criminal trespassing and three counts of aggravated criminal sexual assault. Recently, the court has denied bond for the man, and he will therefore spend all of the criminal proceedings behind bars.

In this case, sexual assault charges have led to immediate imprisonment. Until the criminal proceedings are complete, this man will not have the chance to live freely. Without the right criminal defense, other consequences can include a prison sentence, probation and a permanent criminal record.

Source: NBC Chicago, “Bond Denied for Indiana Man Charged in String of Chicago Sexual Assaults,” Oct. 21, 2013

PROSECUTORS LACK EVIDENCE IN SEXUAL ASSAULT CASE

On behalf of Law Office of Robert Kerr, LLC posted in Sexual Assault on Wednesday, October 2, 2013.

When police investigate a crime, they are looking for evidence that can be used against the suspect during criminal proceedings. There has to be enough evidence that a Chicago prosecutor can try to obtain a guilty verdict — which requires proof that a person is guilty beyond a reasonable doubt.

If police and prosecutors do not have enough evidence, or some evidence is excluded from the proceedings, then prosecutors may decide not to pursue charges or to drop charges that were previously filed.

In a recent case, prosecutors in DuPage County have decided that they will not file criminal charges in a sexual assault case. In this case, police officers from Benedictine University in Lisle, Illinois found two distraught 19-year-old women — one student and her friend — on the campus. The women apparently reported to police officers that they had been drinking at a party earlier that night. Following the party, the women claim that they were attacked and sexually assaulted.

The campus police contacted police from the city of Lisle who then took over the investigation. The Lisle police officers claim that they identified eight persons of interest in the case, six men and two women. After completing their investigation, they handed the case to local prosecutors. However, the prosecutors announced that they will not be filing sexual assault charges. They say that they lack evidence to move forward with the case.

Because evidence can play such an important role in determining the charges in a sexual assault case, people should understand what evidence the police have against them or the types of evidence that can be used in court. With the right help, the accused may be able to challenge some of the evidence, which could eventually lead to prosecutor’s dropping or reducing charges.

Source: Chicago Tribune, “No charges after claim of sexual assaults at Benedictine,” Christy Gutowski, Sep. 25, 2013