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DO I NEED AN ATTORNEY AT MY ILLINOIS BOND HEARING?

Now, more than ever, it is critical to have an experienced attorney assist you when the court considers releasing you before trial  As of September 18, 2023, the SAFE-T Act eliminated cash bond.  Therefore, you can no longer guarantee your … Continue reading

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DOES A MATCH ON A DNA DATABASE GIVE POLICE PROBABLE CAUSE?

            The answer is yes.  Even a preliminary match with a federal or state DNA database may give police the probable cause they need to get a search warrant for a separate DNA sample from you. This sample may come … Continue reading

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CAN I BE ARRESTED WHEN POLICE EXECUTE A SEARCH WARRANT ON ANOTHER PERSON?

            The answer depends on the circumstances.  If you just happened to be on the premises, the police may not search or detain you.  But if you are sufficiently connected to the warrant’s subject, threatening to attack the officer or … Continue reading

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CAN YOU USE AN EXPERT ON EYEWITNESS TESTIMONY IN ILLINOIS?

You are charged with a violent crime that took place late at night in your neighborhood. At the time, you were home alone watching TV.  But somehow, two eyewitnesses have picked you out of a photo line up. Can an … Continue reading

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DOES ARGUING WITH POLICE EQUAL RESISTING ARREST?

            The answer is not necessarily.             In Illinois, you resist arrest if you knowingly resist or obstruct someone that you know is an officer, firefighter or correctional institution worker in performing any authorized act within their official capacity. See … Continue reading

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WHAT YOU SHOULD KNOW ABOUT ILLINOIS’S NEW LAW ENDING CASH BAIL

The SAFE-T Act went into effect September 18, 2023.  The Act eliminated cash bond but allows a judge to keep you in jail if the state can meet certain criteria. Because a new law is bound to cause confusion, there … Continue reading

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CAN MY PRIVATE TEXT MESSAGES BE EXPOSED IN CRIMINAL COURT?

            Nearly everybody communicates through text messages, even about the most private matters.  But can you always keep your text messages private?  Not necessarily. Be aware that if you are a defendant or a material witness, attorneys working either side … Continue reading

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DISORDERLY CONDUCT:  CALLING IN A FALSE ALARM IS A CRIME

            Calling 911 with a false alarm, such as a fake bomb threat, can be charged as disorderly conduct. Under  720 ILCS 5/26-1(a)(6), you commit disorderly conduct when: (1) you knowingly called 911 or transmited a false report to a … Continue reading

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WHAT IS CONTACT OF AN INSULTING OR PROVOKING NATURE IN A BATTERY?

            In Illinois, you commit battery if you knowingly, without legal justification, physically hurt another person or cause contact of an insulting or provoking nature. Battery can become an aggravated offense depending on the type of injury, victim or place … Continue reading

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WHAT IS OBSTRUCTING JUSTICE IN ILLINOIS?

You commit obstructing justice under one definition when: (1) you knowingly furnish false information, (2) intending to prevent the apprehension of any person, and (3) the false information materially impeded the administration of justice. See 720 ILCS 5/31-4(a)(1).   Note that … Continue reading

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