Yearly Archives: 2020

CAN POLICE SEARCH MY MOUTH DURING A STOP?

According to Illinois law, the answer is probably not–especially if the police used force. In People v. Augusta, defendant was stopped for failure to signal when turning. The officer asked defendant if he had something in his mouth, which defendant … Continue reading

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ILLINOIS CRIMINALIZES ATTACKING MERCHANTS WHO ENFORCE COVID-RELATED SAFETY RULES

As of August 7, 2020, Illinois has made it a Class 3 felony to attack any merchant who attempts to enforce COVID-related safety guidelines. The new law amends the aggravated battery statute. Section (720 ILCS 5/12-3.05(d)(12)) applies when you commit … Continue reading

Posted in aggravated battery, battery, Corona Virus, COVID | Leave a comment

HOW WILL MY BAIL BE DETERMINED?

(UPDATED 1/16/24:  Cash bond in Illinois has been eliminated as of September 18, 2023.  However, the court may still decide to keep you in jail if the state can show certain criteria. See our post: What to Expect at Your … Continue reading

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AM I RESPONSIBLE FOR A CRIME IF I WAS UNDER THE INFLUENCE OF A PRESCRIPTION DRUG?

The answer is that you may have a diminished capacity defense if you were involuntarily intoxicated because you were not warned about the side effects of a prescription drug. Beyond that, diminished capacity and/or voluntary intoxication is not recognized as … Continue reading

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WHAT IS CHILD PORNOGRAPHY UNDER ILLINOIS CRIMINAL LAW?

Under Illinois law, you may not photograph, film or depict any minor child in a pose involving a lewd exhibition of the child’s unclothed or transparently clothed private parts. You also may not possess such depictions of a child you … Continue reading

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CAN A MURDER SENTENCE IN ILLINOIS BE COMMUTED?

The answer is yes. Given the right circumstances, you can petition the governor to reduce a life sentence, and such petitions have been granted. The governor of Illinois has full power to commute any sentence or issue a pardon for … Continue reading

Posted in commutation, executive clemency, Illinois Prisoner Review Board | Leave a comment

HOW CAN I HELP MY LOVED ONE EARN EARLY RELEASE FROM PRISON?

It’s been many years since your loved one was sent to prison. You believe that he or she has more than paid any debt to society. Is there anything you can do to help your loved get out early? The … Continue reading

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WHAT IS RESISTING ARREST UNDER ILLINOIS LAW?

You commit the offense of resisting arrest if you knowingly resist or obstruct someone you know is a peace officer, firefighter, or correctional institution employee in performing any authorized act within their official capacity. See 720 ILCS 5/31-1. Resisting arrest … Continue reading

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WHAT IS RECKLESS CONDUCT UNDER ILLINOIS LAW?

Events in the news have sparked public outrage, which has resulted in protests and civil unrest. Sometimes these protests get out of hand, and participants may find themselves arrested for an offense such as reckless conduct. Under Illinois law, you … Continue reading

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HOW IS CHILD NEGLECT DEFINED BY ILLINOIS DCFS?

Under Illinois law, a neglected child is defined as: Children who are not receiving care necessary for their well-being, such as medical treatment, food, clothing or shelter; Children who have been abandoned; Children who have received crisis intervention services and … Continue reading

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