Author Archives: admin

THE ILLINOIS LAW ON STALKING

UPDATE: The Illinois Appellate Court declared this law unconstitutional on June 24, 2016. See our related post at Illinois Stalking and Cyberstalking Laws Declared Unconstitutional. You can’t get her out of your mind. So you’ve been following her thinking she … Continue reading

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ILLINOIS SUPREME COURT HOLDS EAVESDROPPING LAW UNCONSTITUTIONAL

Two recent Illinois Supreme Court decisions have put nails in the coffin of Illinois’ controversial Eavesdropping statute. Under the law, a person is guilty of eavesdropping when he or she “knowingly and intentionally uses an eavesdropping device for the purpose … Continue reading

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IT WAS JUST A PRANK!: ILLINOIS CRIMINAL DAMAGE TO PROPERTY LAW

You thought it would be a really good joke. You and your buddies spray painted your team’s logo on a rival school’s bus. Or maybe you set off some fireworks in the neighbor’s yard one night. But instead, you blew … Continue reading

Posted in criminal damage to property, criminal property damage, fire hydrant, grafitti, property damage, spray paint | Leave a comment

SIX WAYS TO DEFEND AN ILLINOIS SHOPLIFTING CASE

As with most criminal charges, the State has to prove you guilty of all the elements of retail theft beyond a reasonable doubt. Retail theft is a tough crime to defend because often someone is caught in the act on … Continue reading

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SETTING THE RECORD STRAIGHT: ILLINOIS IDENTITY THEFT EXPUNGEMENT

Your name is Jack Smith, but you’re not THAT Jack Smith, the one who stole your identity and misused a credit card or embezzled from a bank account or got a DUI using a license with your information. Perhaps you … Continue reading

Posted in clearing criminal record, expungement, identity theft expungement, sealing | Leave a comment

TELEPHONE HARASSMENT: WHAT IS INTENT?

Illinois law prohibits someone from using the phone to make obscene comments with the intent to offend another or to make a call, whether or not one speaks, with the intent of abusing, harassing or threatening someone. A caller’s intent … Continue reading

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“THEY ASKED ME TO PAY!”: THE RETAIL THEFT CIVIL DAMAGES LETTER

You’re already on edge after you were charged with shoplifting. Now you have received a letter or a phone call from a collection agent or a law firm asking you to pay money for the merchandise that you took. Will … Continue reading

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“BUT I DIDN’T START IT!”: THE ILLINOIS LAW ON SELF-DEFENSE

He just came at you. To protect yourself, you pulled out a knife or maybe a gun. He turned to run away. Pumped with adrenalin, you couldn’t stop yourself from going after him. Now, he’s in the hospital, and you’re … Continue reading

Posted in aggravated battery, aggressor, assault, battery, burglary, forcible felony, self defense | Leave a comment

TAPING AN ASSAULT OR BATTERY TO BE AN AGGRAVATED OFFENSE IN ILLINOIS

As of January 1, 2014, Illinois has taken a step into modern media times by adding a video/audio component to its aggravated assault and battery laws. The changes in Illinois law upgrades assault or battery to an aggravated offense if … Continue reading

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“I DIDN’T KNOW!”: WHEN IGNORANCE IS A DEFENSE

As the saying goes, ignorance of the law is no excuse. Generally, that statement is true. All persons are presumed to know the law. There are rare occasions, however, when ignorance can be a defense. In Illinois, ignorance can be … Continue reading

Posted in defense, ignorance, intent, order of protection, retail theft | Leave a comment