Author Archives: admin

THE OFFICER WAS WRONG ABOUT ILLINOIS LAW! CAN HE STILL ARREST ME?

The police are charged with enforcing the law. But what if they misunderstand that law? What if the officer stops you based on his or her mistaken belief about what the law really means? Will a judge allow the evidence … Continue reading

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DO I NEED A TRANSLATOR FOR CRIMINAL COURT IN ILLINOIS?

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case. … Continue reading

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WHEN ARE YOU UNDER ARREST? MIRANDA RIGHTS AND POLICE CUSTODY IN ILLINOIS

The exact moment when a police interrogation turns into an arrest is not always clear. But that is the moment when the police must read your Miranda rights—those rights to remain silent and have an attorney present. Miranda must be … Continue reading

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THE LAW ON PROVING POSSESSION OF DRUGS OR WEAPONS IN ILLINOIS

The police are at your door with a search warrant or maybe they’ve stopped your car for a traffic ticket. In either case, they uncovered drugs, weapons or some other contraband. Can they prove the illegal goods are really yours? … Continue reading

Posted in . possession of weapons, constructive possession, drug charges, drug possession, possession, unlawful use of weapon, weapons | Leave a comment

THE CRIMINAL BURDEN OF PROOF IN ILLINOIS

Under our system of government, you are innocent until proven guilty. For most crimes, this means the prosecutor must prove beyond a reasonable doubt all the elements of a crime, and that the defendant committed that crime. For example, if … Continue reading

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THE INTOXICATION DEFENSE IN ILLINOIS

Under limited circumstances, being drunk or drugged can be a defense to a crime in Illinois. Intoxication is only a defense when 1) it was involuntarily produced and 2) it deprived you of the substantial capacity to either appreciate the … Continue reading

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THE ILLINOIS LAW ON THEFT BY DECEPTION

In Illinois, theft by deception means obtaining control of another’s property through deception. For example, you pretended you were authorized to collect money on behalf of a creditor or charity. Theft by deception can include making false statements to obtain … Continue reading

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THE LAW ON CONCEALED CARRY IN ILLINOIS

In 2013, Illinois was the last state to enact a Concealed Carry law. But that doesn’t mean you can bring your gun just anywhere, even with a Concealed Carry license. Under the Concealed Carry Act 430 ILCS 66/65: Prohibited Areas, … Continue reading

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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