Yearly Archives: 2021

WHAT IS LEWD UNDER ILLINOIS CHILD PORNOGRAPHY LAW?

As U.S. Supreme Court Justice Potter Stewart once famously said about obscenity: “I know it when I see it.” If you are charged with child pornography, your case may likewise depend on how your particular judge sees it. Under 720 … Continue reading

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CHALLENGING A PHOTO IDENTIFICATION OR LINE UP IN ILLINOIS

After a witness at a crime scene picked you out of a group of photos, police asked you to participate in a line up. You stood alongside several other subjects, but something didn’t seem quite right. For one thing, you … Continue reading

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WHAT IS BATTERY IN ILLINOIS?

In Illinois, you commit battery if you knowingly without legal justification by any means (1) cause bodily harm or (2) make physical contact of an insulting or provoking nature with an individual. (See 720 ILCS 5/12-3). Under Illinois law, “knowingly” … Continue reading

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WERE YOU CAPABLE OF WAIVING YOUR MIRANDA RIGHTS?

When you are arrested, an officer must read your Miranda rights. If you keep talking, you may be giving up those rights. Once you have clearly invoked your right to an attorney, any police interrogation must stop unless you initiate … Continue reading

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HOW IS A COMMUTATION DIFFERENT FROM A PARDON?

You have a loved one in prison. He hung out with some people who were not his friends and got involved in a robbery. You want to shorten what seems like an unfair sentence. Are you looking for a commutation … Continue reading

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CAN MY FLIGHT BE USED AS EVIDENCE OF GUILT?

The answer is yes. If you fled from a crime, your flight can be one of the circumstances considered to establish your guilt. Whether an inference of guilt may be drawn from your flight depends on if you knew (1) … Continue reading

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CAN YOU TAKE YOUR OWN CHILD TO THE PARK IF YOU ARE A CONVICTED SEX OFFENDER?

The answer depends on the charges brought against you. If you are a convicted sexual predator or child sex offender, you cannot knowingly be present in any public park or loiter in a public way within 500 feet of a … Continue reading

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WHAT IS THE OFFENSE OF TRAVELING TO MEET A CHILD IN ILLINOIS?

You commit the offense of traveling to meet a child (under age 17) when you travel any distance by any means, or attempt to do so, in order to engage in sexual conduct with that child after using an online … Continue reading

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WHAT IS THE NECESSITY DEFENSE UNDER ILLINOIS LAW?

Under Illinois law, you may be able to plead necessity as a defense if you did not cause the situation and you reasonably believed your actions were necessary to avoid a greater harm than the injury which might reasonably result … Continue reading

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WHAT IS CHILD ABANDONMENT IN ILLINOIS?

Under 720 ILCS 5/12C-10, you commit child abandonment when you leave a child under age 13 for 24 hours or more unsupervised by a responsible person over age 14, without regard for the child’s health or safety. The child must … Continue reading

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