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IS INTOXICATION A DEFENSE TO A CRIME?

            The answer is generally no.  The fact you might have been drunk or high is not a get out of jail free card.  However, in limited circumstances, voluntary intoxication may be considered in deciding whether you had the necessary … Continue reading

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WHAT IS THE CRIME OF STALKING IN ILLINOIS?

Under Illinois criminal law, there are four types of stalking: * Knowingly engaging in a course of conduct that you should have known would cause a reasonable person to fear for their own or another’s safety or cause them to … Continue reading

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WHAT IS AGGRAVATED ASSAULT OR BATTERY TO AN OFFICER?

After the officer approached you, you lost control. You may even have hit them. What is aggravated asssault or aggravated battery to an officer? What can you do? In Illinois, you can be charged with aggravated assault if you knowingly … Continue reading

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CAN THE GOVERNOR PARDON MORE THAN ONE CASE FOR ME IN ILLINOIS?

You grew up in a rough neighborhood. As a young adult, you had your share of arrests for a variety of stuff, perhaps in more than one county.  Nevertheless, at some point you knew you had to change.  And you … Continue reading

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VIOLATING AN ORDER OF PROTECTION IN ILLINOIS

            Your ex wants you to stay away from him or her. So much so that they got an order of protection.  One of the terms was to keep your distance.  But later, you were visiting a friend on your … Continue reading

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ILLINOIS LAW ON PRETRIAL RELEASE—ARE YOU A REAL AND PRESENT THREAT?

Illinois abolished cash bail as of September 2023. However, a judge may still hold you in jail if the state shows: (1) proof is evident or the presumption great that you committed a detainable offense, (2) you pose a threat … Continue reading

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WHAT IS THE CRIME OF CYBERSTALKING IN ILLINOIS?

Under Illinois law, cyberstalking means you, knowingly and without legal justification: * engaged in a course of conduct using electronic communication that you knew or should have known would cause a reasonable person to fear for their or another’s safety … Continue reading

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VIOLATING PROBATION IN ILLINOIS

            Your original criminal case ended in a sentence of supervision or probation, albeit with certain conditions.  You thought you were done.  But now the state says you violated that probation. Maybe you failed a drug test, failed to pay … Continue reading

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WHAT IS AGGRAVATED DOMESTIC BATTERY IN ILLINOIS?

There are two ways for a domestic battery to become an aggravated offense in Illinois:  See  720 ILCS 5/12-3.3 Aggravated Domestic Battery. A “family or household member” includes your current or ex-spouse, parent, child or step child, blood or marital … Continue reading

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WHAT IS THE CRIME OF INVOLUNTARY MANSLAUGHTER IN ILLINOIS?

Under Illinois law, you commit involuntary manslaughter when you kill someone unintentionally, and you did not have a legal justification such as self-defense. You must have acted recklessly in a way likely to cause death or great bodily harm. (See … Continue reading

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