Author Archives: admin

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

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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

ILLINOIS TOUGHENS LAW ON DOMESTIC VIOLENCE OFFENDERS

Starting January 1, 2015, Illinois law gives the Court new tools to discourage offenders from violating an order of protection. Known as “Diane’s Law,” the new law enables the court to keep tabs on an offender’s whereabouts through electronic or … Continue reading

Posted in domestic battery, domestic violence, order of protection, violation of order of protection | Leave a comment

CAN POLICE SEARCH YOUR GARBAGE WITHOUT A WARRANT?

Whether police need a search warrant for something like a garbage can generally depends on whether you have a reasonable expectation of privacy in the place or thing being searched. When it comes to garbage, your expectation of privacy can … Continue reading

Posted in curtilage, garbage, illegal searches, reasonable expectation of privacy, trash search without a warrant, warrantless search | Leave a comment

“I CLICKED ON THE WRONG SITE!”: THE ILLINOIS LAW ON CHILD CYBER-PORNOGRAPHY

You were browsing some adult content sites on your computer when you came across some links to other photos. You clicked on the links and to your horror, they were photos of children in suggestive poses. Somehow, the police found … Continue reading

Posted in child pornography, Cybercrime, cyberpornography | Leave a comment

SECOND CHANCE PROBATION IN ILLINOIS

You’ve never done anything wrong before, but when you did, the crime was a big one. Maybe the cost of the designer jeans you shoplifted upgraded you into felony territory. Or you had just a little too much pot or … Continue reading

Posted in clear criminal record, criminal record, probation, second chance probation | Leave a comment

WHAT TO DO IF YOU HAVE NOT HIRED AN ATTORNEY FOR YOUR FIRST CRIMINAL OR DUI COURT DATE IN ILLINOIS

You were recently charged with a crime, and your first court date is coming up fast. You intended to hire an attorney, but haven’t been able to do so yet—either because of time or money or you just haven’t picked … Continue reading

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DO THE POLICE NEED A WARRANT TO SEARCH A CELL PHONE? THE U.S. SUPREME COURT SAYS ‘YES!’

Police generally do not need a warrant to search a suspect as part of a lawful arrest. Such a search may be limited to the person of the arrestee and the area immediately within their control. However, most of us … Continue reading

Posted in arrest warrant, arrest. criminal arrest, cell phone search, search and seizure | Leave a comment