Author Archives: admin

CYBERSTALKING AND SEXTING CAN BECOME A HATE CRIME IN ILLINOIS

As of January 1, 2018, sexting or cyberstalking can take on an added dimension. The Illinois Hate Crime statute now includes intimidation, stalking, cyberstalking and transmitting obscene messages within the offense. To be convicted of a hate crime on this … Continue reading

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SCHOOL RESIDENCY FRAUD CAN BE CHARGED AS A FELONY

Understandably, you would like your child to get the best education in the best school district, but perhaps you can’t really afford to live there. You may be tempted to lie about your child’s real home in order to enroll … Continue reading

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CAN YOU USE SELF-DEFENSE AGAINST A POLICE OFFICER IN ILLINOIS?

You believe the police had no justifiable basis to stop you, and you may be right. Nevertheless, you must still obey police orders, and you cannot physically resist the arrest. But what if the officer physically threatens you? Can you … Continue reading

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THE CRIME OF ABDUCTING YOUR OWN CHILD IN ILLINOIS

You think your child’s other parent is a horrible person. As a result, you want to protect him or her from that parent. Maybe you sent your child out of state or hid them when the other parent came to … Continue reading

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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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