Author Archives: admin

WHAT IS THE OFFENSE OF CHILD PHOTOGRAPHY BY A SEX OFFENDER IN ILLINOIS?

            Under Illinois law, you may not knowingly take photos or videos of a child without their parent’s consent if you are a child sex offender.  (See 720 ILCS 5/11-24.) You also may not operate any type of business in … Continue reading

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THREATENING  SCHOOLS OR PUBLIC OFFICIALS IN ILLINOIS

Calling in a false bomb or shooting threat is not a harmless prank in Illinois.  For example, a Des Plaines man faces several felony and misdemeanor charges even though the DeKalb County Sheriff determined there were no credible threats. (See … Continue reading

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CAN THE COURT REVOKE MY PRETRIAL RELEASE IN ILLINOIS?

            You were charged with a relatively minor felony. The state did not ask the court to hold you in jail before trial, and you have been out on pre-trial release.  But you got into trouble again, and this time, … Continue reading

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WHEN IS A THREAT PUNISHABLE AS A CRIME?

The First Amendment does not protect threats of violence. However, a threat is not a crime unless the state can show that you consciously disregarded a substantial risk that your statements would be viewed as threatening violence.  The state must … Continue reading

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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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