Author Archives: admin

“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

Posted in appearance, court appearance, court date | Leave a comment

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

“BUT I JUST TEXTED!”: THE LAW ON CYBERSTALKING IN ILLINOIS

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post Illinois Stalking and Cyberstalking Laws Declared Unconstitutional. You broke up with your girlfriend. You still had something you wanted to say. But she … Continue reading

Posted in Cybercrime, cyberstalking, electronic harassment, electronic stalking, harassment, stalking | Leave a comment

“I DIDN’T STEAL IT!”: PROVING BURGLARY IN ILLINOIS

You bought a couple I-phones from an acquaintance. You thought they were his, but it turned out he had recently stolen them from a store and then he disappeared. Now the police have charged you with the burglary. What can … Continue reading

Posted in aggravated burglary, burglary, stealing, theft | Leave a comment

THE ILLINOIS LAW ON HOT PURSUIT

When you saw the siren, you panicked. You knew you were near the city limits or the state border and you thought if you crossed it, the police would have to stop just like in the movies. Can police follow … Continue reading

Posted in fleeing, fresh pursuit, hot pursuit, jurisdiction, police jurisdiction | Leave a comment

RESIDENTIAL BURGLARY IN ILLINOIS: WHEN A HOME IS NOT A DWELLING

A person commits residential burglary in Illinois when he or she knowingly without permission enters or stays within someone else’s dwelling intending to commit a felony or theft. Residential burglary in Illinois is a Class 1 felony. If your burglary … Continue reading

Posted in burglary, Class 1 Felony, Class 2 felony, dwelling, residential burglary, robbery, theft | Leave a comment

THE ILLINOIS LAW ON CRIMINAL ACCOUNTABILITY

Illinois law punishes those who have a “common design” in committing a crime. Under Illinois accountability law, you can be charged with another’s crime when either before or during the offense, you solicit, aid, abet, agree or attempt to aid, … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

Posted in arrest, evidence, investigatory stops, privacy rights, probable cause, reasonable expectation of privacy, search and seizure | Leave a comment