Author Archives: admin

WHAT IS AGGRAVATED CRIMINAL SEXUAL ABUSE IN ILLINOIS?

In Illinois, a charge of criminal sexual abuse can be upgraded to a Class 2 felony if during the offense: You use a dangerous weapon or other object such that the victim reasonably believes you have a dangerous weapon; You … Continue reading

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CAN POLICE USE A DOG TO SEARCH OUTSIDE MY MOTEL ROOM WITHOUT A WARRANT?

UPDATED: August 4, 2020 You are staying at a motel. You heard some people with a dog outside your room, but you thought nothing of it. A little while later, the police were at your door. The dog you heard … Continue reading

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THE CRIME OF IDENTITY THEFT IN ILLINOIS

Illinois law prohibits several types of identity theft. Perhaps the most basic definition is where you knowingly used the personal identifying information or documents of another person to fraudulently obtain credit, money, goods, services or other property or to commit … Continue reading

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CAN EVIDENCE THAT AN OFFICER SAID “FELL OUT OF MY POCKET” BE USED AGAINST ME?

You were walking through a back alley when the police officer stopped you. In the police report, the officer claims that a packet of drugs or an illegal weapon simply fell out of your pocket. That simply didn’t happen, but … Continue reading

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CAN I BE CHARGED WITH AGGRAVATED BATTERY IF THE OFFICER IS OFF DUTY?

You picked a fight with the wrong guy–an off duty police officer who was moonlighting as a bouncer at your favorite bar. The charge would have been simple battery if the bouncer hadn’t been a cop, but instead you are … Continue reading

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THE CRIME OF UNAUTHORIZED VIDEO RECORDING IN ILLINOIS

In these days of ready access to webcams, cell phones and live video streaming, Illinois law has laid down some limits. Ignoring those limits can cost you criminal charges. Under 720 ILCS 5/26-4, you may be charged with a misdemeanor … Continue reading

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WHAT ARE YOUR CHILD’S RIGHTS WHEN QUESTIONED BY POLICE?

After getting in trouble at school, your minor child was questioned by police. You were not present, and your child was scared and started talking. What are your child’s rights? Under 705 ILCS 405/5-401.5, your child’s statement is presumed inadmissible … Continue reading

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WHEN AM I CONSIDERED UNFIT TO STAND TRIAL IN ILLINOIS?

You must be fit to stand trial before you can be prosecuted. You must also be fit before sentencing or entering a plea agreement. Under Illinois law, you are not considered fit if you cannot assist in your defense or … Continue reading

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CAN I BE CONVICTED OF DISORDERLY CONDUCT FOR ASKING A QUESTION?

(Updated 1/4/24: See our related posts at What is the Difference Between Felony and Misdemeanor Disorderly Conduct? and Disorderly Conduct: Calling in a False Alarm). You were just curious, so you called a government office and started asking questions. You … Continue reading

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WILL MY OUTSTANDING COURT FINES KEEP ME FROM EXPUNGING OR SEALING MY CRIMINAL RECORD IN ILLINOIS?

The answer, in most cases, is no. A change in Illinois law permits you to expunge or seal your criminal record notwithstanding any fines or fees you may owe. Before you can clear your criminal record, your case must have … Continue reading

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