Author Archives: admin

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

Posted in domestic battery, domestic violence, past crimes evidence | Leave a comment

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

Posted in admonishment, guilty plea | Leave a comment

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

Posted in evidence, eyewitness testimony | Leave a comment

A FORMER SCHOOL CAN STILL BE A SCHOOL UNDER ILLINOIS DRUG LAW

(Update: Effective January 1, 2018, the Illinois legislature reduced the distance required from the school to 500 feet. The amended law further requires that at the time of the violation, persons under 18 are present or reasonably expected to be … Continue reading

Posted in drug offense, drug possession, manufacturing drugs, possession with intent to deliver, school | Leave a comment

CAN YOU BE CONVICTED OF BOTH AGGRAVATED UNLAWFUL USE OF A WEAPON AND NOT HAVING A FOID CARD?

The answer is yes. You may be convicted of both charges even though your Aggravated Unlawful Use of a Weapon (AUUW) is based on not having a valid Firearm’s Owner Identification card (FOID). The elements of the two crimes are … Continue reading

Posted in . possession of weapons, aggravated unlawful use of a weapon, Firearm's Owner Identification card, FOID card, unlawful use of weapon, weapon offenses | Leave a comment

GETTING YOUR CAR BACK: THE ILLINOIS LAW ON FORFEITURE

After you were arrested for a drug or another offense, the state took a look at your expensive car. Or maybe police found drugs in your boat or plane. Maybe that car, boat or plane really belonged to an innocent … Continue reading

Posted in Uncategorized | Leave a comment

STUN GUNS FALL WITHIN SECOND AMENDMENT PROTECTIONS

A recent U.S. Supreme Court case overturned a Massachusetts law banning stun guns. In Caetano v Massachusetts, the defendant obtained a stun gun in order to defend herself against an abusive boyfriend. The U.S. Supreme Court rejected the state’s arguments … Continue reading

Posted in . possession of weapons, firearms, guns, stun guns, weapons | Leave a comment

CAN POLICE PROVE THE WEAPONS ARE MINE?

Updated October 4, 2017: You were visiting a friend when a police raided his home. In the raid, police found some ammunition or other weapons. You have a criminal record and are not allowed to possess these items. Can the … Continue reading

Posted in actual possession, ammunition, constructive possession, contraband, weapons | Leave a comment

WHO IS A HOUSEHOLD MEMBER UNDER ILLINOIS DOMESTIC BATTERY LAW

In Illinois, the offense of domestic battery requires that you have caused bodily harm or made insulting or provoking contact with any family or household member. But what is a family or household member? A blood relative or a spouse … Continue reading

Posted in domestic battery, domestic violence | Leave a comment