Author Archives: admin

DO MORPHED IMAGES OF CHILDREN VIOLATE ILLINOIS CHILD PORNOGRAPHY LAW?

            The answer is yes.  If you take innocent images of real children–even those you did not create yourself–and convert them into something sexual, you can be charged with child pornography. However, there is an exception if you used entirely … Continue reading

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IF THE STATE OBJECTS TO MY PARDON, DO I LOSE AUTOMATICALLY?

The short answer is no. The state’s objection may hurt your case but is not necessarily fatal. When you file a petition for a pardon or commutation, you must send a copy of the petition to the state’s attorney for … Continue reading

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DID YOU INVOKE YOUR RIGHT TO REMAIN SILENT?

            The Constitution requires that once you invoke your right to remain silent, all police questioning must stop.  But did you invoke that right?  That may depend on what you said or how you said it.             As an attorney, … Continue reading

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WHAT IF THE DRUGS YOU SUPPLIED WERE NOT THE ONLY CAUSE OF DEATH?

            Under Illinois law, you can be charged with drug-induced homicide if you illegally delivered a controlled substance to someone and that substance then caused their death.   See 720 ILCS 5/9-3.3. But what if someone else was also responsible for … Continue reading

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WHAT HAPPENS AT AN ILLINOIS PARDON HEARING?

When you petition for a pardon in Illinois, you may request a hearing. Once your petition is accepted, your hearing will be set for Chicago or Springfield, depending on the date you filed.  Hearings are set quarterly, and each quarter has a … Continue reading

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ILLINOIS LAWS BAR POLICE FROM LYING WHEN INTERROGATING JUVENILES IN CUSTODY

            Two Illinois laws prohibit police from knowingly using deceptive tactics to coax a confession out of a minor. 720 ILCS 405/5-401.6 and 720 ILCS 5/103-2.2 state that a confession by a minor under age 18 at the time of … Continue reading

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WHEN CAN YOU USE DEADLY FORCE IN DEFENSE OF A DWELLING?

            It is very late at night.  You hear someone prowling outside your window.  You want to take some sort of action, but at what point are you allowed to use deadly force to defend your home?              According to … Continue reading

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DOES A PARDON AUTOMATICALLY EXPUNGE MY ILLINOIS CRIMINAL CASE?

The answer is no, but it is generally possible to get a pardon case expunged by filing a petition in the county where your criminal case occurred. The chief judge of that county, however, has full discretion over whether to … Continue reading

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HOW LONG DOES IT TAKE TO GET AN ILLINOIS PARDON?

Obtaining an answer to your petition for executive clemency could take as little as a few months, but usually it takes much longer. The Illinois Prisoner Review Board accepts petitions for executive clemency at all times, but the wait for … Continue reading

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DO I NEED AN ATTORNEY TO GET AN ILLINOIS PARDON?

The answer is no.  Even so, you may want to consider hiring one. In order to file an Illinois pardon, certain critical documents are needed.  You can probably get most of these with minimal difficulty.  The harder part is writing … Continue reading

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