Author Archives: admin

CAN POLICE USE A NARCOTICS DOG TO SNIFF OUTSIDE YOUR HOME IN ILLINOIS?

If you’re stopped while driving a car, the police can use a dog to sniff for drugs around your car provided the search does not unduly prolong the traffic stop. But can the police use a dog to sniff around … Continue reading

Posted in dog sniff, drug charges, drug crimes, drug offense, drug possession, illegal searches, narcotics dog, possession of drugs, search and seizure | Leave a comment

THE LAW OF PUBLIC INDECENCY IN ILLINOIS

You were walking in the forest preserve, when that coffee you drank ran right through you. As it turns out, the preserve is a cruising area, which you may or may not have known. You start to unzip, thinking you … Continue reading

Posted in disorderly conduct, indecent exposure, public indecency, public urination | Leave a comment

CAN RUNNING FROM POLICE BE GROUNDS FOR ARREST IN ILLINOIS?

You like to walk at night. A police officer thought your presence late at night was suspicious so he stopped you. You didn’t want him to find the concealed weapon or the cocaine in your pocket, so you ran. Now … Continue reading

Posted in arrest, escape, fleeing, flight, investigatory stop, probable cause, search and seizure | Leave a comment

CHANGE OF HEART: A PUBLIC’S DEFENDER’S JOURNEY TO FORGIVENESS

“Are you a real lawyer or are you a public defender?” This is a question that I hear repeatedly at court as a private defense attorney, and it comes loaded with implications. Anybody who is a veteran of criminal law … Continue reading

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THE INSANITY DEFENSE IN ILLINOIS

Sometimes a defendant commits a crime without being truly responsible for his or her actions. Illinois recognizes this concept as the insanity defense. There are, however, many misconceptions about how it works. Legal insanity does not mean just any type … Continue reading

Posted in diminished capacity, guilty but mentally ill, insanity defense, not guilty by reason of insanity | Leave a comment

ILLINOIS GETS NEW EAVESDROPPING LAW

After the former law was struck down as unconstitutionally broad, Illinois has enacted a new eavesdropping statute. Under the new law, it is illegal to use an eavesdropping device to record private conversations unless all parties consent. (See Illinois Eavesdropping … Continue reading

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ILLINOIS ENACTS NEW LAW TO PREVENT “REVENGE PORN”

Before the modern digital era, jilted lovers would exact revenge on their unhappy exes by mailing those compromising photos. Once the photos or negatives were destroyed, however, the images were gone. End of problem. But in these times, things are … Continue reading

Posted in cyber crime, cyber porn, cyber stalking, revenge porn | Leave a comment

TAKING THE PLEA IN CRIMINAL COURT IN ILLINOIS

In my practice, making a plea agreement is a last resort, not a first option. When a client comes to me, I first review all the evidence against him or her for any possible defense. Was the arrest based on … Continue reading

Posted in criminal procedure, plea agreement, plea bargain | Leave a comment

NEW ILLINOIS LAW PENALIZES KRATOM USE BY MINORS

As of January 1, 2015, children under age 18 may not sell or possess any product containing the herbal drug Kratom. Kratom is derived from the Mitragyna speciosa, a tree native to Thailand. Its effects are similar to morphine or … Continue reading

Posted in controlled substance, drug offenses, kratom, minors, narcotics | Leave a comment

THE POLICE ARE AT MY DOOR: KNOCK AND TALK DOCTRINE IN ILLINOIS

When you answered the doorbell, you were surprised to see the police. The officer said he had a few questions and wanted to know if he could come in. The officer did not have a search warrant. Do you have … Continue reading

Posted in 4th Amendment, Fourth Amendment rights, illegal search, knock and talk, search and seizure | Leave a comment