Author Archives: admin

CAN I BE ARRESTED FOR SOMETHING FOUND UNDER THE PASSENGER SEAT OF MY CAR?

You were driving around town with your friend. You stepped a little too heavy on the gas, so the police stopped you for speeding. At first, you weren’t too concerned, but then the officer pulled a plastic baggie out from … Continue reading

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WHAT IS “LEGAL INSANITY” UNDER ILLINOIS CRIMINAL LAW?

Under Illinois law, you may be legally insane if, at the time you committed a crime, you suffered from a mental disease or defect such that you lacked the substantial capacity to appreciate the criminality of your conduct. (See 720 … Continue reading

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CAN I BE ARRESTED WHEN GETTING HELP FOR A DRUG OVERDOSE?

With some exceptions, the answer is generally no. Illinois law grants limited immunity from prosecution for drugs found where the evidence against you was discovered because you sought emergency help in good faith, and the amount of the substance was … Continue reading

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WHAT IS ‘INTERFERING WITH PERSONAL LIBERTY’ UNDER ILLINOIS DOMESTIC VIOLENCE LAW?

You have just been charged with domestic violence based on interfering with your ex’s personal liberty. What does that mean? What can you do about it? Under the Illinois Domestic Violence Act, “‘interference with personal liberty’ means committing or threatening … Continue reading

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WILL I HAVE TO TESTIFY IN MY DCFS APPEAL?

You have been indicated for child abuse from the Department of Child and Family Services (DCFS). You want to appeal but you recall from TV that criminal defendants usually don’t take the stand. You are afraid you could say the … Continue reading

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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

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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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