Monthly Archives: October 2020

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

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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

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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

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