Category Archives: Uncategorized

WHAT IS THE OFFENSE OF CHILD PHOTOGRAPHY BY A SEX OFFENDER IN ILLINOIS?

            Under Illinois law, you may not knowingly take photos or videos of a child without their parent’s consent if you are a child sex offender.  (See 720 ILCS 5/11-24.) You also may not operate any type of business in … Continue reading

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WHEN IS A THREAT PUNISHABLE AS A CRIME?

The First Amendment does not protect threats of violence. However, a threat is not a crime unless the state can show that you consciously disregarded a substantial risk that your statements would be viewed as threatening violence.  The state must … Continue reading

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DO I NEED AN ATTORNEY AT MY ILLINOIS BOND HEARING?

Now, more than ever, it is critical to have an experienced attorney assist you when the court considers releasing you before trial  As of September 18, 2023, the SAFE-T Act eliminated cash bond.  Therefore, you can no longer guarantee your … Continue reading

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DOES A MATCH ON A DNA DATABASE GIVE POLICE PROBABLE CAUSE?

            The answer is yes.  Even a preliminary match with a federal or state DNA database may give police the probable cause they need to get a search warrant for a separate DNA sample from you. This sample may come … Continue reading

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CAN YOU USE AN EXPERT ON EYEWITNESS TESTIMONY IN ILLINOIS?

You are charged with a violent crime that took place late at night in your neighborhood. At the time, you were home alone watching TV.  But somehow, two eyewitnesses have picked you out of a photo line up. Can an … Continue reading

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CAN MY PRIVATE TEXT MESSAGES BE EXPOSED IN CRIMINAL COURT?

            Nearly everybody communicates through text messages, even about the most private matters.  But can you always keep your text messages private?  Not necessarily. Be aware that if you are a defendant or a material witness, attorneys working either side … Continue reading

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WHAT IS OBSTRUCTING JUSTICE IN ILLINOIS?

You commit obstructing justice under one definition when: (1) you knowingly furnish false information, (2) intending to prevent the apprehension of any person, and (3) the false information materially impeded the administration of justice. See 720 ILCS 5/31-4(a)(1).   Note that … Continue reading

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WHAT IS A “PUBLIC PLACE” UNDER ILLINOIS AGGRAVATED BATTERY LAW?

            In Illinois, battery can be upgraded to an aggravated offense if the battery took place in a public place of accommodation or amusement.  The law also includes battery that takes place in a public way, public property, sports venue, … Continue reading

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DOES THE GOVERNOR HAVE A TIME LIMIT IN ACTING ON MY PARDON REQUEST?

You presented a pardon petition to the Illinois Prisoner Review Board, and everything seemed to go very well.  The state’s attorney did not object to your pardon. A couple board members even said you had clearly changed for the better.  … Continue reading

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THE CRIME OF THEFT-RELATED DEVICES IN ILLINOIS

            Illinois law makes possession or use of certain theft-related devices an offense ranging from a Class A Misdemeanor to a Class 3 Felony.             Under 720 ILCS 5/16-6, you may not knowingly:             If you are charged with a … Continue reading

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