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WHAT IS A “PUBLIC PLACE” UNDER ILLINOIS AGGRAVATED BATTERY LAW?

            In Illinois, battery can be upgraded to an aggravated offense if the battery took place in a public place of accommodation or amusement.  The law also includes battery that takes place in a public way, public property, sports venue, … Continue reading

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DOES THE GOVERNOR HAVE A TIME LIMIT IN ACTING ON MY PARDON REQUEST?

You presented a pardon petition to the Illinois Prisoner Review Board, and everything seemed to go very well.  The state’s attorney did not object to your pardon. A couple board members even said you had clearly changed for the better.  … Continue reading

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THE CRIME OF THEFT-RELATED DEVICES IN ILLINOIS

            Illinois law makes possession or use of certain theft-related devices an offense ranging from a Class A Misdemeanor to a Class 3 Felony.             Under 720 ILCS 5/16-6, you may not knowingly:             If you are charged with a … Continue reading

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WHAT TO EXPECT AT YOUR ILLINOIS BOND HEARING NOW THAT CASH BAIL IS ABOLISHED

            Under the Safe-T Act, Illinois no longer uses cash bail.  However, this is not a get out of jail free card.  Once you are arrested, the court can still hold you in jail under certain standards or at least … Continue reading

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SHOULD I ATTEND MY PARDON HEARING IN ILLINOIS?

You used to live in Illinois, but you moved away years ago.  Since then, you have started a new family and tried to make a new life. Unfortunately, your old criminal conviction keeps popping up to haunt you, so you … Continue reading

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THE OFFENSE OF ORGANIZED RETAIL CRIME IN ILLINOIS

            Illinois law targets organized retail theft as a Class 2 or Class 3 Felony. Under 720 ILCS 5/16-25.1, organized retail crime means you knowingly acted with another to steal from a store, and while doing so or fleeing the … Continue reading

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WAS YOUR CONFESSION COERCED?

            If you confess to a crime while in police custody, your confession must be voluntary to be used in evidence against you.  Obviously, police may not physically abuse you to make you talk.  But what other police behavior may … Continue reading

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CAN POLICE FORCE ME TO GIVE THEM MY CELLPHONE PASSCODE?

            According to a recent Illinois decision, the answer is yes if the state already had a search warrant for the phone’s contents.             In People v. Sneed, the state had obtained a valid search warrant for the contents of … Continue reading

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WILL THE PARDON BOARD CONSIDER MY POOR HEALTH IN REACHING A DECISION?

You had a conviction for aggravated battery 25 years ago.  You even served a few months in jail before your attorney made a deal for probation.  Now you want to seek a pardon, and you want the Illinois Prisoner Review … Continue reading

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CAN POLICE USE EVIDENCE OBTAINED BY EAVESDROPPING IN ILLINOIS?

The answer is probably yes– if the officer has obtained prior approval from the state. Under 720 ILCS 5/14-5, any evidence obtained in violation of the Illinois eavesdropping statute is not admissible in any civil or criminal trial.    The … Continue reading

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