Yearly Archives: 2016

A FORMER SCHOOL CAN STILL BE A SCHOOL UNDER ILLINOIS DRUG LAW

(Update: Effective January 1, 2018, the Illinois legislature reduced the distance required from the school to 500 feet. The amended law further requires that at the time of the violation, persons under 18 are present or reasonably expected to be … Continue reading

Posted in drug offense, drug possession, manufacturing drugs, possession with intent to deliver, school | Leave a comment

CAN YOU BE CONVICTED OF BOTH AGGRAVATED UNLAWFUL USE OF A WEAPON AND NOT HAVING A FOID CARD?

The answer is yes. You may be convicted of both charges even though your Aggravated Unlawful Use of a Weapon (AUUW) is based on not having a valid Firearm’s Owner Identification card (FOID). The elements of the two crimes are … Continue reading

Posted in . possession of weapons, aggravated unlawful use of a weapon, Firearm's Owner Identification card, FOID card, unlawful use of weapon, weapon offenses | Leave a comment

GETTING YOUR CAR BACK: THE ILLINOIS LAW ON FORFEITURE

After you were arrested for a drug or another offense, the state took a look at your expensive car. Or maybe police found drugs in your boat or plane. Maybe that car, boat or plane really belonged to an innocent … Continue reading

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STUN GUNS FALL WITHIN SECOND AMENDMENT PROTECTIONS

A recent U.S. Supreme Court case overturned a Massachusetts law banning stun guns. In Caetano v Massachusetts, the defendant obtained a stun gun in order to defend herself against an abusive boyfriend. The U.S. Supreme Court rejected the state’s arguments … Continue reading

Posted in . possession of weapons, firearms, guns, stun guns, weapons | Leave a comment

CAN POLICE PROVE THE WEAPONS ARE MINE?

Updated October 4, 2017: You were visiting a friend when a police raided his home. In the raid, police found some ammunition or other weapons. You have a criminal record and are not allowed to possess these items. Can the … Continue reading

Posted in actual possession, ammunition, constructive possession, contraband, weapons | Leave a comment

WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW

In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member? A blood relative or a spouse … Continue reading

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EXTRADITION TO ILLINOIS: THE UNFINISHED CRIMINAL CASE

With ever-expanding access to information, police in one state can easily learn about any criminal charges you have open in another state. And that can lead to extradition. Extradition means you could be arrested in your current state and brought … Continue reading

Posted in extradition, failure to appear, violation of sentence | Leave a comment

ILLINOIS STALKING AND CYBERSTALKING LAWS DECLARED UNCONSTITUTIONAL

A recent Illinois appellate court has declared both Illinois’s stalking and cyberstalking laws unconstitutional because they lack the element of intent. The Illinois stalking statute made it a crime to knowingly engage in conduct that would cause a reasonable person … Continue reading

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MORE THAN WORDS REQUIRED: AGGRAVATED ASSAULT TO AN OFFICER IN ILLIOIS

In Illinois, you can be charged with aggravated assault if you knowingly and without authority cause someone that you knew was a police officer performing their official duties to reasonably fear that you were going to cause them bodily harm. … Continue reading

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HOW LONG CAN I BE PROSECUTED FOR A CRIME IN ILLINOIS?

Years ago, you did something illegal. Maybe you sold some drugs or you stole a designer dress. Now you wonder if your past could catch up with you. How long does the prosecution have to bring charges? The answer depends … Continue reading

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