Yearly Archives: 2014

“I DIDN’T STEAL IT!”: PROVING BURGLARY IN ILLINOIS

You bought a couple I-phones from an acquaintance. You thought they were his, but it turned out he had recently stolen them from a store and then he disappeared. Now the police have charged you with the burglary. What can … Continue reading

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THE ILLINOIS LAW ON HOT PURSUIT

When you saw the siren, you panicked. You knew you were near the city limits or the state border and you thought if you crossed it, the police would have to stop just like in the movies. Can police follow … Continue reading

Posted in fleeing, fresh pursuit, hot pursuit, jurisdiction, police jurisdiction | Leave a comment

RESIDENTIAL BURGLARY IN ILLINOIS: WHEN A HOME IS NOT A DWELLING

A person commits residential burglary in Illinois when he or she knowingly without permission enters or stays within someone else’s dwelling intending to commit a felony or theft. Residential burglary in Illinois is a Class 1 felony. If your burglary … Continue reading

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THE ILLINOIS LAW ON CRIMINAL ACCOUNTABILITY

Illinois law punishes those who have a “common design” in committing a crime. Under Illinois accountability law, you can be charged with another’s crime when either before or during the offense, you solicit, aid, abet, agree or attempt to aid, … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

Posted in arrest, evidence, investigatory stops, privacy rights, probable cause, reasonable expectation of privacy, search and seizure | Leave a comment

THE ILLINOIS LAW ON STALKING

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post at Illinois Stalking and Cyberstalking Laws Declared Unconstitutional. You can’t get her out of your mind. So you’ve been following her thinking she … Continue reading

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ILLINOIS SUPREME COURT HOLDS EAVESDROPPING LAW UNCONSTITUTIONAL

Two recent Illinois Supreme Court decisions have put nails in the coffin of Illinois’ controversial Eavesdropping statute. Under the law, a person is guilty of eavesdropping when he or she “knowingly and intentionally uses an eavesdropping device for the purpose … Continue reading

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IT WAS JUST A PRANK!: ILLINOIS CRIMINAL DAMAGE TO PROPERTY LAW

You thought it would be a really good joke. You and your buddies spray painted your team’s logo on a rival school’s bus. Or maybe you set off some fireworks in the neighbor’s yard one night. But instead, you blew … Continue reading

Posted in criminal damage to property, criminal property damage, fire hydrant, grafitti, property damage, spray paint | Leave a comment

SIX WAYS TO DEFEND AN ILLINOIS SHOPLIFTING CASE

As with most criminal charges, the State has to prove you guilty of all the elements of retail theft beyond a reasonable doubt. Retail theft is a tough crime to defend because often someone is caught in the act on … Continue reading

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SETTING THE RECORD STRAIGHT: ILLINOIS IDENTITY THEFT EXPUNGEMENT

Your name is Jack Smith, but you’re not THAT Jack Smith, the one who stole your identity and misused a credit card or embezzled from a bank account or got a DUI using a license with your information. Perhaps you … Continue reading

Posted in clearing criminal record, expungement, identity theft expungement, sealing | Leave a comment