Yearly Archives: 2020

WHAT IS OBSTRUCTING A PEACE OFFICER UNDER ILLINOIS LAW?

If the police give you an order, are you obstructing a peace officer if you refuse? The answer may depend on whether your actions “materially” obstructed the officer in his or her official duties. Under 720 ILCS 5/31-1(a) you commit … Continue reading

Posted in obstructing a peace officer, obstructing police | Leave a comment

WHAT IS THE CRIME OF ASSAULT IN ILLINOIS?

You commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Assault is a Class C misdemeanor, punishable by up to 30 days in jail. (See 720 ILCS 5/12-1). … Continue reading

Posted in Uncategorized | Leave a comment

CAN I BE CHARGED WITH A CRIME WHEN I WASN’T EVEN ON THE SCENE?

The answer is yes–if the prosecution can prove you intended to help with the crime. Under one definition of Illinois accountability law: A person is legally accountable for the conduct of another when either before or during the offense, and … Continue reading

Posted in accountability, conspiracy | Leave a comment

WHAT IS THE CRIME OF STALKING IN ILLINOIS?

In Illinois, you commit stalking when you knowingly engage in a course of conduct directed at a specific person, and you knew, or should have known, that this course of conduct would cause a reasonable person to fear for their … Continue reading

Posted in Uncategorized | Leave a comment

CAN I CLAIM PTSD AS A DIMINISHED CAPACITY DEFENSE IN ILLINIOS?

The answer is no. Diminished capacity is not recognized as a defense in Illinois. However, you might instead consider whether you were not guilty by reason of insanity or guilty but mentally ill. In the that recognize diminished capacity, a … Continue reading

Posted in diminished capacity, guilty but mentally ill, insanity defense | Leave a comment

CAN I BE ARRESTED FOR SOMETHING FOUND UNDER THE PASSENGER SEAT OF MY CAR?

You were driving around town with your friend. You stepped a little too heavy on the gas, so the police stopped you for speeding. At first, you weren’t too concerned, but then the officer pulled a plastic baggie out from … Continue reading

Posted in Uncategorized | Leave a comment

WHAT IS “LEGAL INSANITY” UNDER ILLINOIS CRIMINAL LAW?

Under Illinois law, you may be legally insane if, at the time you committed a crime, you suffered from a mental disease or defect such that you lacked the substantial capacity to appreciate the criminality of your conduct. (See 720 … Continue reading

Posted in insanity defense, legal insanity | Leave a comment

CAN I BE ARRESTED WHEN GETTING HELP FOR A DRUG OVERDOSE?

With some exceptions, the answer is generally no. Illinois law grants limited immunity from prosecution for drugs found where the evidence against you was discovered because you sought emergency help in good faith, and the amount of the substance was … Continue reading

Posted in emergency drug help immunity | Leave a comment

WHAT IS ‘INTERFERING WITH PERSONAL LIBERTY’ UNDER ILLINOIS DOMESTIC VIOLENCE LAW?

You have just been charged with domestic violence based on interfering with your ex’s personal liberty. What does that mean? What can you do about it? Under the Illinois Domestic Violence Act, “‘interference with personal liberty’ means committing or threatening … Continue reading

Posted in domestic violence, Illinois Domestic Violence Act | Leave a comment

WILL I HAVE TO TESTIFY IN MY DCFS APPEAL?

You have been indicated for child abuse from the Department of Child and Family Services (DCFS). You want to appeal but you recall from TV that criminal defendants usually don’t take the stand. You are afraid you could say the … Continue reading

Posted in DCFS, DCFS Appeal, DCFS Indicated Finding | Leave a comment