Author Archives: admin

EXTRADITION TO ILLINOIS: THE UNFINISHED CRIMINAL CASE

With ever-expanding access to information, police in one state can easily learn about any criminal charges you have open in another state. And that can lead to extradition. Extradition means you could be arrested in your current state and brought … Continue reading

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ILLINOIS STALKING AND CYBERSTALKING LAWS DECLARED UNCONSTITUTIONAL

A recent Illinois appellate court has declared both Illinois’s stalking and cyberstalking laws unconstitutional because they lack the element of intent. The Illinois stalking statute made it a crime to knowingly engage in conduct that would cause a reasonable person … Continue reading

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MORE THAN WORDS REQUIRED: AGGRAVATED ASSAULT TO AN OFFICER IN ILLIOIS

In Illinois, you can be charged with aggravated assault if you knowingly and without authority cause someone that you knew was a police officer performing their official duties to reasonably fear that you were going to cause them bodily harm. … Continue reading

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HOW LONG CAN I BE PROSECUTED FOR A CRIME IN ILLINOIS?

Years ago, you did something illegal. Maybe you sold some drugs or you stole a designer dress. Now you wonder if your past could catch up with you. How long does the prosecution have to bring charges? The answer depends … Continue reading

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FIGHTING THE POLICE SEARCH OF YOUR COMPUTER

Under the Fourth Amendment, police must generally obtain a warrant before they can search your property. However, there are exceptions such as where you consent to the search. But let’s say, the police tell you they are looking for one … Continue reading

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2016 UPDATE ON COURTHOUSE CELL PHONE RULES

After some confusion resulting from the recent removal of cell phone lockers at the George N. Leighton Criminal Courthouse, it seems like a good time to review the rules. Cook County first implemented its courthouse cell phone ban in 2013. … Continue reading

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FRUIT OF THE POISON TREE: STATEMENTS FROM AN ILLEGAL ARREST

Under the Constitution, police have to operate by law before they can deprive you of liberty or property. If your initial stop or arrest is illegal, then the poison fruits of that stop or arrest cannot be used against you … Continue reading

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YOUR MIRANDA RIGHTS APPLY TO MORE THAN WORDS

We all know from TV that police are supposed to read you your rights—also known as Miranda warnings—after they take you into custody but before questioning begins. According to a recent Illinois appellate court decision, the term “questioning” can mean … Continue reading

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HOW RELIABLE IS EYEWITNESS TESTIMONY?

HOW RELIABLE IS EYEWITNESS TESTIMONY? Illinois Courts were originally cautious about allowing experts to testify about the reliability of eyewitness testimony. But as a recent Illinois Supreme Court case noted “advances in DNA testing have confirmed that ‘eyewitness misidentification is … Continue reading

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CAN YOU REFUSE TO GIVE A DNA SAMPLE IN AN ILLINOIS CRIMINAL CASE?

Generally, the answer is yes. Under Illinois case law, extracting your DNA is a search within the Fourth Amendment. Therefore, police must have either a warrant or probable cause before forcing you to submit it. Otherwise, you may voluntarily refuse … Continue reading

Posted in arrest, DNA evidence, evidence, search and seizure | Leave a comment