Author Archives: admin

WHAT IS A BUILDING UNDER ILLINOIS BURGLARY LAW?

In Illinois, you commit burglary when you knowingly and without authority enter or remain within a building, housetrailer, watercraft, aircraft, motor vehicle railroad car, or any part thereof, with intent to commit a felony or theft. (See Illinois Burglary Statute). … Continue reading

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ILLINOIS AGGRAVATED UNLAWFUL USE OF A WEAPON BASED ON INVALID FOID CARD

If you are anywhere near a gun, possessing a valid Firearms Owner Identification Card can spell the difference between a clean record and big trouble. The U.S. Supreme Court struck down gun control in District of Columbia v. Heller. Since … Continue reading

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WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR?

The primary difference between a felony and a misdemeanor is the severity of the penalties as well as the impact a conviction may have on your future. The charging document should tell you which one you are facing. Misdemeanors range … Continue reading

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YOUR SPOUSE CAN’T TESTIFY AGAINST YOU EXCEPT IN CERTAIN CIRCUMSTANCES

You’ve undoubtedly seen TV or movies where the criminal marries so their husband or wife can’t spill the beans. To a certain extent, Illinois evidence rules do recognize a marital privilege. Your spouse cannot be forced to testify against you, … Continue reading

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SEARCH INCIDENT TO ARREST: HOW FAR CAN IT GO?

When police arrest you, they are permitted to make a search incident to the arrest. But the search must still be within certain limits. How far a search may go is fact specific, and different judges may see the circumstances … Continue reading

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WHAT IS A DATING RELATIONSHIP UNDER ILLINOIS DOMESTIC BATTERY LAW

You recently got into a fistfight with your ex-significant other. The police arrived and now you have been charged with domestic battery. But your relationship ended some time ago. Is it still domestic battery? The answer is yes. A recent … Continue reading

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MY FRIEND JUST OVERDOSED. WILL I GET ARRESTED IF I CALL FOR HELP?

You are at a party doing some opioids or methamphetamines when one of your friends becomes unresponsive. You are afraid if you will be arrested if you call for help. But if you don’t, your friend may die. What should … Continue reading

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DO YOU HAVE A RIGHT TO KNOW THE LOCATION OF POLICE SURVEILLANCE AGAINST YOU IN ILLINOIS?

Recently, you were charged with selling drugs. The police say you were under surveillance, and they caught you in the act. Something about this doesn’t seem right. Where was this surveillance located? The state doesn’t want to tell. Do you … Continue reading

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COOK COUNTY DRUG SCHOOL FALLS TO BUDGET AXE

Cook County has been in financial trouble for quite some time. Whether the soda tax was really levied to discourage obesity or to raise money, the county was pressured to repeal it, costing the county some much-needed funds. As a … Continue reading

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DID I CONSENT TO A SEARCH? THE VOLUNTARY CONSENT EXCEPTION TO THE WARRANT REQUIREMENT IN ILLINOIS

When the police knocked at your door, your roommate opened the door. The police walked in, spotted some contraband and now you are under arrest. Did your roommate consent to the search? The Fourth Amendment requires that police obtain a … Continue reading

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