Yearly Archives: 2019

WHAT ARE YOUR CHILD’S RIGHTS WHEN QUESTIONED BY POLICE?

After getting in trouble at school, your minor child was questioned by police. You were not present, and your child was scared and started talking. What are your child’s rights? Under 705 ILCS 405/5-401.5, your child’s statement is presumed inadmissible … Continue reading

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WHEN AM I CONSIDERED UNFIT TO STAND TRIAL IN ILLINOIS?

You must be fit to stand trial before you can be prosecuted. You must also be fit before sentencing or entering a plea agreement. Under Illinois law, you are not considered fit if you cannot assist in your defense or … Continue reading

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CAN I BE CONVICTED OF DISORDERLY CONDUCT FOR ASKING A QUESTION?

(Updated 1/4/24: See our related posts at What is the Difference Between Felony and Misdemeanor Disorderly Conduct? and Disorderly Conduct: Calling in a False Alarm). You were just curious, so you called a government office and started asking questions. You … Continue reading

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WILL MY OUTSTANDING COURT FINES KEEP ME FROM EXPUNGING OR SEALING MY CRIMINAL RECORD IN ILLINOIS?

The answer, in most cases, is no. A change in Illinois law permits you to expunge or seal your criminal record notwithstanding any fines or fees you may owe. Before you can clear your criminal record, your case must have … Continue reading

Posted in clear criminal record, criminal record, expungement | Leave a comment

ILLINOIS COURT FINDS ARREST BASED ON CHICAGO POLICE INVESTIGATIVE ALERT UNCONSTITUTIONAL

(UPDATE: On April 15, 2021, the Illinois Supreme Court in People v. Bass vacated the Appellate court’s decision below regarding investigative alerts. In doing so, the Supreme Court still found that the stop violated the Fourth Amendment because it was … Continue reading

Posted in illegal arrest, investigative alerts, stop orders, warrantless arrest | Leave a comment

CAN POLICE SEARCH THE HALLWAY OF YOUR APARTMENT BUILDING?

The Fourth Amendment guarantees citizens the right to be free from unlawful searches. Therefore, an officer cannot enter your home without a warrant unless some exception to the warrant requirement—such as consent—exists. Court have also recognized that a certain area … Continue reading

Posted in curtilage, illegal search, search and seizure | Leave a comment

ILLINOIS ACCOMODATION FOR DEAF PRISONERS

For the deaf, imprisonment can be especially isolating and punitive. Inmates may literally have no one to talk to. As a result of a federal class action law suit, Illinois agreed to accommodate prisoners with hearing disabilities. Among its terms, … Continue reading

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CAN YOU BE CHARGED WITH UNLAWFUL USE OF A WEAPON WHEN YOU ACTED IN SELF DEFENSE?

You were visiting family when things got crazy. One drunken relative started beating their spouse so you grabbed the family gun to put a stop to it. But since you didn’t have a gun license, the police arrested you on … Continue reading

Posted in necessity defense, self defense, unlawful use of a weapon, UUW | Leave a comment

CAN I SHOW MY TATTOOS AT TRIAL WITHOUT HAVING TO TESTIFY?

Let’s say you have been arrested based on an eye witness’s identification. The witness, however, is mistaken, and you can prove it by showing that you have physical characteristics missing from the witness’s description. For a number of reasons, your … Continue reading

Posted in physical evidence, self incrimination, tattoo, testimony | Leave a comment

CAN YOU SUPPRESS INCRIMINATING STATEMENTS MADE AT AN ARREST?

When the police came after you, you said some foolish things that you wish you could take back. Is there a way? The answer may turn on the exact moment you were legally under arrest. Generally, you are under arrest … Continue reading

Posted in arrest, confession, illegal arrest, incriminating statements, miranda warnings, motion to suppress, self incrimination, suppress statements | Leave a comment