Author Archives: admin

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

Posted in emergency drug help immunity, methamphetamine, opioid, overdose | Leave a comment

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

Posted in drug dealing, evidence, narcotics offenses, surveillance | Leave a comment

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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WHAT IS AGGRAVATED IDENTITY THEFT IN ILLINOIS?

In Illinois, you can be charged with identity theft if you knowingly use another’s personal identifying information to fraudulently obtain credit, money, goods, services or other property. If that other person is over  age  60, your charge can be upgraded … Continue reading

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CAN THE POLICE LIE TO GET YOUR CONSENT TO A SEARCH?

Under the Fourth Amendment, police may only search your home if they have a warrant. However, there are exceptions to this requirement. One exception is that you consented to the search. But what if your consent was based on an … Continue reading

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WHAT IS THE DIFFERENCE BETWEEN MURDER AND MANSLAUGHTER IN ILLINOIS?

The answer is in your state of mind. Murder may be committed intentionally or knowingly, whereas manslaughter involves unintentional, if reckless, behavior. In Illinois, first degree murder means you intended to kill or do great bodily harm to someone, or … Continue reading

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CAN ILLINOIS POLICE STOP ME JUST BECAUSE I HAVE A GUN?

Updated 12/16/19 The answer is probably not. On September 12, 2013, the Illinois Supreme Cort in People v. Aguilar partially struck down the law that barred possession of a handgun for self-defense outside the home. Thus, the mere fact you have … Continue reading

Posted in gun law, gun possession, illegal stop, probable cause, search and seizure | Leave a comment

HELP FOR THE DEVELOPMENTALLY DISABLED OR MENTALLY-ILL DEFENDANT

Most criminal offenses require the state to prove that the defendant knowingly or intended to commit the crime. But what if the crime is committed by someone who is mentally ill or developmentally disabled? For example, in the recent Illinois … Continue reading

Posted in developmental disability, discharge hearing, fitness for trial, insanity, mental incompentence, mental insanity, unfit to stand trial | Leave a comment

CAN YOU VACATE YOUR CONVICTION UNDER THE ILLINOIS STATUTE BARRING SEX OFFENDERS FROM PUBLIC PARKS?

Updated August 4, 2020: The Illinois Supreme Court overruled the case below finding instead that the law barring convicted sex offenders from public parks was constitutional. See the Supreme Court decision in People v. Pepitone. In a recent decision, an … Continue reading

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