Author Archives: admin

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 →

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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 →

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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 →

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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