Author Archives: admin

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

Posted in emergency drug help immunity | Leave a comment

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

Posted in domestic violence, Illinois Domestic Violence Act | Leave a comment

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

Posted in DCFS, DCFS Appeal, DCFS Indicated Finding | Leave a comment

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

Posted in 4th Amendment, probable cause, search and seizure | Leave a comment

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

Posted in aggravated battery, battery, Corona Virus, COVID | Leave a comment

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

Posted in bail, bond | Leave a comment

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

Posted in diminished capacity | Leave a comment

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

Posted in child pornography | Leave a comment

CAN A MURDER SENTENCE IN ILLINOIS BE COMMUTED?

The answer is yes. Given the right circumstances, you can petition the governor to reduce a life sentence, and such petitions have been granted. The governor of Illinois has full power to commute any sentence or issue a pardon for … Continue reading

Posted in commutation, executive clemency, Illinois Prisoner Review Board | Leave a comment

HOW CAN I HELP MY LOVED ONE EARN EARLY RELEASE FROM PRISON?

It’s been many years since your loved one was sent to prison. You believe that he or she has more than paid any debt to society. Is there anything you can do to help your loved get out early? The … Continue reading

Posted in commutation, early release | Leave a comment