Author Archives: admin

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

Posted in felony, misdemeanor | Leave a comment

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

Posted in evidence, spousal privilege | Leave a comment

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

Posted in search and seizure, search incident to arrest | Leave a comment

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

Posted in dating relationship, domestic battery, domestic violence | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in consent, exception to warrant, search and seizure, warrant | Leave a comment

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

Posted in aggravated identity theft, identity theft | Leave a comment

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

Posted in Uncategorized | Leave a comment