Category Archives: Uncategorized

WAS YOUR CONFESSION COERCED?

            If you confess to a crime while in police custody, your confession must be voluntary to be used in evidence against you.  Obviously, police may not physically abuse you to make you talk.  But what other police behavior may … Continue reading

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CAN POLICE FORCE ME TO GIVE THEM MY CELLPHONE PASSCODE?

            According to a recent Illinois decision, the answer is yes if the state already had a search warrant for the phone’s contents.             In People v. Sneed, the state had obtained a valid search warrant for the contents of … Continue reading

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WILL THE PARDON BOARD CONSIDER MY POOR HEALTH IN REACHING A DECISION?

You had a conviction for aggravated battery 25 years ago.  You even served a few months in jail before your attorney made a deal for probation.  Now you want to seek a pardon, and you want the Illinois Prisoner Review … Continue reading

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CAN POLICE USE EVIDENCE OBTAINED BY EAVESDROPPING IN ILLINOIS?

The answer is probably yes– if the officer has obtained prior approval from the state. Under 720 ILCS 5/14-5, any evidence obtained in violation of the Illinois eavesdropping statute is not admissible in any civil or criminal trial.    The … Continue reading

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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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