Author Archives: admin

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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THE ILLINOIS LAW ON SELF DEFENSE

You got into a fight at a bar or a party or even in your own home. While you are now charged with a crime, you weren’t the one who started making trouble. Can you claim self defense? The answer … Continue reading

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RECKLESS DISCHARGE OF A FIREARM IN ILLINOIS

To be convicted of reckless discharge of a firearm, the state must prove beyond a reasonable doubt that you 1) recklessly discharged a firearm 2) endangering the bodily safety of an individual. If either of those elements is missing, the … Continue reading

Posted in . possession of weapons, gun law, gun possession, reckless discharge of a firearm, unlawful use of a weapon | Leave a comment

DID YOU HAVE A RIGHT TO BE THERE? BURGLARY IN ILLINOIS

Suppose you were visiting a public building. You had business in the building and had every right to be there. But while there, you entered an office marked “private,” and stole some cash off a desk. Does that make you … Continue reading

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DO I NEED AN ILLINOIS FIREARM ID IF I AM LICENSED OUT OF STATE?

The answer depends on what you mean by “licensed.” Illinois law requires gun owners to possess a valid Firearm Owner’s Identification (FOID) card issued by the state. There is an exception, however, for non-Illinois residents. In that case, you do … Continue reading

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

POLICE MUST VIDEOTAPE MURDER INTERROGATIONS IN ILLINOIS

Illinois law requires that police videotape anytime they question you about murder charges provided that you are in custody. If police fail to record the entire interrogation, a judge may throw out any statements you made even after the tape … Continue reading

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THE FELONY IN FELONY MURDER

In Illinois, you can be charged with felony murder if a death results while you are committing a forcible felony other than second degree murder. For example, if you are robbing a store and your accomplice shoots the store owner, … Continue reading

Posted in aggravated use of a weapon, felony murder, murder | Leave a comment