Author Archives: admin

WHEN DO I GET MY MIRANDA RIGHTS? POLICE CUSTODY DEFINED

You’ve seen the police shows. After cornering the suspect, the cop begins to read the Miranda rights: “You have the right to remain silent…. You have the right to an attorney….” But when is the officer required to read you … Continue reading

Posted in miranda rights; search and seizure; police search; policy custody; police stop | Leave a comment

“THE OFFICER JUST SAW IT!”: PLAIN VIEW EXCEPTION TO POLICE SEARCHING WITHOUT A WARRANT

You failed to use your turn signal so the police officer pulled you over. After making the stop, the officer noticed some spoons and straws sticking out of your visor. The officer opened the visor. As it turns out, you … Continue reading

Posted in drug offenses, marijuana, narcotic offenses, plain view exception, police car search, police search, possession of cocaine, possession of marijuana, probable cause, search without a warrant | Leave a comment

MY GIRLFRIEND LET THEM IN! WHEN A VISITOR LETS POLICE SEARCH YOUR HOME

You had some errands to run so you left your house. Your girlfriend often stays with you. She even has a key. Or maybe it was a visiting relative or a housekeeper or someone who watches your child. In any … Continue reading

Posted in arrest, arrest warrant, consent to search, drug crimes, drug dealing, narcotics, search, warrantless search | Leave a comment

THE CRIME OF COMPUTER FRAUD IN ILLINOIS

You’ve always had a knack for technology. So when you needed a little cash, it was just too tempting to hack into the company computer and help yourself. You figured you’d never get caught, but now the police have charged … Continue reading

Posted in computer fraud, Cybercrime, internet crime, internet fraud | Leave a comment

NEW ILLINOIS LAW CRACKS DOWN ON SPEEDERS ONCE AGAIN

A new Illinois law has cracked down on speeders even more. Speeding first became criminalized as a misdemeanor in 2011. Driving more than 31 miles over the limit was upgraded to a Class B Misdemeanor, while speeding 40 and over … Continue reading

Posted in class a misdemeanor, class B misdemeanor, speeding | Leave a comment

HOW LITTLE PROBLEMS BECOME BIG PROBLEMS: WHEN A PETTY OFFENSE TURNS INTO A MISDEMEANOR OR FELONY

A man was walking down the middle of a road instead of the sidewalk or shoulder. In Illinois, you must use a sidewalk where provided or at least walk on the shoulder. The man was arrested for a petty offense, … Continue reading

Posted in felony, misdemeanor, petty offense, search and seizure, search of car, traffic stop | Leave a comment

THEY’RE WATCHING!: HOW STORES COMBAT RETAIL THEFT

Retail theft can cost U.S. retailers about $10 billion a year. Because of that, stores use a variety of methods to stop you from swiping their merchandise. Stores such as Whole Foods may use plain clothes security. You don’t realize … Continue reading

Posted in Class 3 felony, class 4 felony, class a misdemeanor, retail theft, shoplifting | Leave a comment

NEW ILLINOIS LAW MAKES RECORDING DRUG CRIMES EASIER

Generally speaking, before undercover police can record their dealings with you, they must persuade a judge to issue a warrant. But a new Illinois law just made that process a little faster and easier. For certain crimes, police need only … Continue reading

Posted in dealers, drug crimes, drug dealing, drug offense, narcotics, warrantless search, wiretapping | Leave a comment

“I STAYED TOO LONG!:” CRIMINAL TRESPASS TO PROPERTY IN ILLINOIS

You went to a meeting or a party. Things got a little out of hand, and you were asked to leave. Since you weren’t the one making trouble, you refused to go. Next thing you know, you were arrested for … Continue reading

Posted in class a misdemeanor, class B misdemeanor, criminal trespass to property, trespass | Leave a comment

YOU SHOULDN’T TALK AND NEITHER SHOULD YOUR LAWYER!

A standard rule in criminal defense is that clients should not talk about their case to police or third parties. Anything they say can be used as evidence against them. But it’s surprising how many lawyers in high profile cases … Continue reading

Posted in attorney conduct, criminal law attorney, right to an attorney, right to remain silent | Leave a comment