Author Archives: admin

IF A GUN LAW IS UNCONSTIUTIONAL, CAN MY CONVICTION UNDER THAT LAW BE SET ASIDE?

A few years ago, you were convicted under an Illinois gun law that banned carrying a firearm outside the home. In 2013, the law was set aside. Is there anything you can do about your prior offense? If you have … Continue reading

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MODERN TECHNOLOGY AND THE FOURTH AMENDMENT

The Fourth Amendment protects you from unreasonable police searches. The founding fathers, however, never imagined the modern computer era. Under current federal law, the police can obtain all kinds of information that you may have shared with third parties via … Continue reading

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EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION

If you violate the terms of your out of state probation, you can be extradited to the state where you originally had the problem. Extradition means you could be arrested in your current state and brought back to face charges … Continue reading

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POSSESSION OF BURGLARY TOOLS IN ILLINOIS

You need not commit a burglary to be charged with a crime. The mere possession of burglary tools may be enough. Under Illinios law, you may be convicted of a Class 4 felony, punishable by one to three years in … Continue reading

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CAN MY PAST SEXUAL OFFENSES BE USED TO PROVE A CURRENT CRIME IN ILLINOIS?

Past crimes generally cannot be used to prove a current offense except under certain circumstances. One major exception, however, is that Illinois law specifically allows the use of prior sex offenses to show a tendency to commit that type of … Continue reading

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CAN I BE DEPORTED FOR A CRIMINAL OFFENSE?

The answer may depend on the type of offense, how long you have been in the country and whether your crime is considered one of moral turpitude. Under current immigration law, you can be deported if you are convicted for … Continue reading

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CAN PAST ACTS OF DOMESTIC VIOLENCE BE USED AS EVIDENCE IN ILLINOIS?

The state cannot generally use your past bad acts to prove that you have bad character and thus are more likely to commit a crime. Illinois law, however, specifically allows evidence of past domestic violence to be used under certain … Continue reading

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A LITTLE ROAD RAGE CAN LEAD TO BIG TROUBLE IN ILLINOIS

We’ve all been cut off or frustrated by other drivers. But no matter how hostile the other driver may be, it’s best to stay in your car, keep cool and if necessary, call the police. A recent Illinois case illustrates … Continue reading

Posted in aggravated battery on a public way, aggravated battery to a senior, road rage, second degree murder aggravated battery causing serious bodily harm | Leave a comment

NEW ILLINOIS RULES FOR GUILTY PLEAS

As of January 1, 2017, changes to Illinois law require the court to give new warnings about the consequences of a guilty plea. Before you plead guilty, a judge must first warn or “admonish” you about what your plea really … Continue reading

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EXPERT DISCREDITS EYEWITNESS TESTIMONY IN MURDER TRIAL

In March, 2016, we blogged on an Illinois Supreme Court case that opened the door to allowing experts to dispute the reliability of eyewitness testimony. (See How Reliable is Eyewitness Testimony?). Because of that case, People v Lerma, such an … Continue reading

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