Yearly Archives: 2017

COOK COUNTY DRUG SCHOOL FALLS TO BUDGET AXE

Cook County has been in financial trouble for quite some time. Whether the soda tax was really levied to discourage obesity or to raise money, the county was pressured to repeal it, costing the county some much-needed funds. As a … Continue reading

Posted in Uncategorized | Leave a comment

DID I CONSENT TO A SEARCH? THE VOLUNTARY CONSENT EXCEPTION TO THE WARRANT REQUIREMENT IN ILLINOIS

When the police knocked at your door, your roommate opened the door. The police walked in, spotted some contraband and now you are under arrest. Did your roommate consent to the search? The Fourth Amendment requires that police obtain a … Continue reading

Posted in consent, exception to warrant, search and seizure, warrant | Leave a comment

WHAT IS AGGRAVATED IDENTITY THEFT IN ILLINOIS?

In Illinois, you can be charged with identity theft if you knowingly use another’s personal identifying information to fraudulently obtain credit, money, goods, services or other property. If that other person is over  age  60, your charge can be upgraded … Continue reading

Posted in aggravated identity theft, identity theft | Leave a comment

CAN THE POLICE LIE TO GET YOUR CONSENT TO A SEARCH?

Under the Fourth Amendment, police may only search your home if they have a warrant. However, there are exceptions to this requirement. One exception is that you consented to the search. But what if your consent was based on an … Continue reading

Posted in Uncategorized | Leave a comment

WHAT IS THE DIFFERENCE BETWEEN MURDER AND MANSLAUGHTER IN ILLINOIS?

The answer is in your state of mind. Murder may be committed intentionally or knowingly, whereas manslaughter involves unintentional, if reckless, behavior. In Illinois, first degree murder means you intended to kill or do great bodily harm to someone, or … Continue reading

Posted in first degree murder, involuntary manslaughter, manslaughter, murder, second degree murder | Leave a comment

CAN ILLINOIS POLICE STOP ME JUST BECAUSE I HAVE A GUN?

Updated 12/16/19 The answer is probably not. On September 12, 2013, the Illinois Supreme Cort in People v. Aguilar partially struck down the law that barred possession of a handgun for self-defense outside the home. Thus, the mere fact you have … Continue reading

Posted in gun law, gun possession, illegal stop, probable cause, search and seizure | Leave a comment

HELP FOR THE DEVELOPMENTALLY DISABLED OR MENTALLY-ILL DEFENDANT

Most criminal offenses require the state to prove that the defendant knowingly or intended to commit the crime. But what if the crime is committed by someone who is mentally ill or developmentally disabled? For example, in the recent Illinois … Continue reading

Posted in developmental disability, discharge hearing, fitness for trial, insanity, mental incompentence, mental insanity, unfit to stand trial | Leave a comment

CAN YOU VACATE YOUR CONVICTION UNDER THE ILLINOIS STATUTE BARRING SEX OFFENDERS FROM PUBLIC PARKS?

Updated August 4, 2020: The Illinois Supreme Court overruled the case below finding instead that the law barring convicted sex offenders from public parks was constitutional. See the Supreme Court decision in People v. Pepitone. In a recent decision, an … Continue reading

Posted in public indecency, sex offender, unconstitutional law | Leave a comment

THE ILLINOIS LAW ON SELF DEFENSE

You got into a fight at a bar or a party or even in your own home. While you are now charged with a crime, you weren’t the one who started making trouble. Can you claim self defense? The answer … Continue reading

Posted in self defense | Leave a comment

RECKLESS DISCHARGE OF A FIREARM IN ILLINOIS

To be convicted of reckless discharge of a firearm, the state must prove beyond a reasonable doubt that you 1) recklessly discharged a firearm 2) endangering the bodily safety of an individual. If either of those elements is missing, the … Continue reading

Posted in . possession of weapons, gun law, gun possession, reckless discharge of a firearm, unlawful use of a weapon | Leave a comment