Yearly Archives: 2017

DID YOU HAVE A RIGHT TO BE THERE? BURGLARY IN ILLINOIS

Suppose you were visiting a public building. You had business in the building and had every right to be there. But while there, you entered an office marked “private,” and stole some cash off a desk. Does that make you … Continue reading

Posted in burglary, public building | Leave a comment

DO I NEED AN ILLINOIS FIREARM ID IF I AM LICENSED OUT OF STATE?

The answer depends on what you mean by “licensed.” Illinois law requires gun owners to possess a valid Firearm Owner’s Identification (FOID) card issued by the state. There is an exception, however, for non-Illinois residents. In that case, you do … Continue reading

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

POLICE MUST VIDEOTAPE MURDER INTERROGATIONS IN ILLINOIS

Illinois law requires that police videotape anytime they question you about murder charges provided that you are in custody. If police fail to record the entire interrogation, a judge may throw out any statements you made even after the tape … Continue reading

Posted in confession, evidence, murder, videotaping interrogation | Leave a comment

THE FELONY IN FELONY MURDER

In Illinois, you can be charged with felony murder if a death results while you are committing a forcible felony other than second degree murder. For example, if you are robbing a store and your accomplice shoots the store owner, … Continue reading

Posted in aggravated use of a weapon, felony murder, murder | Leave a comment

I WAS CAUGHT SWITCHING SAMPLES IN MY DRUG TEST. WHAT CAN HAPPEN?

You were convicted for possession of a controlled substance. The court gave you supervision, or if you had a felony, you may have received probation. As a result, you must submit to random drug testing. You knew you couldn’t pass, … Continue reading

Posted in drug testing, narcotics, possession of a controlled substance, possession of narcotics, urine sample, violation of probation | Leave a comment

CAN I BE DEPORTED FOR A DRUG OFFENSE?

The answer is probably yes, unless your crime involved a small amount of marijuana for your own personal use. Under the The Immigration and Nationality Act, you may be deported if at any time after admission, you have been convicted … Continue reading

Posted in drug charges, immigration | Leave a comment

IF A GUN LAW IS UNCONSTIUTIONAL, CAN MY CONVICTION UNDER THAT LAW BE SET ASIDE?

A few years ago, you were convicted under an Illinois gun law that banned carrying a firearm outside the home. In 2013, the law was set aside. Is there anything you can do about your prior offense? If you have … Continue reading

Posted in firearms, gun law, unconstitutional law, vacate, vacate conviction | Leave a comment

MODERN TECHNOLOGY AND THE FOURTH AMENDMENT

The Fourth Amendment protects you from unreasonable police searches. The founding fathers, however, never imagined the modern computer era. Under current federal law, the police can obtain all kinds of information that you may have shared with third parties via … Continue reading

Posted in computer evidence, computer search, technology evidence | Leave a comment

EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION

If you violate the terms of your out of state probation, you can be extradited to the state where you originally had the problem. Extradition means you could be arrested in your current state and brought back to face charges … Continue reading

Posted in extradition, out of state, violation of probation | Leave a comment

POSSESSION OF BURGLARY TOOLS IN ILLINOIS

You need not commit a burglary to be charged with a crime. The mere possession of burglary tools may be enough. Under Illinios law, you may be convicted of a Class 4 felony, punishable by one to three years in … Continue reading

Posted in burglary, burglary tools | Leave a comment